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***WON WON WON*** - Parking Control Management at Heath Parade - NW9

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  • ***WON WON WON*** - Parking Control Management at Heath Parade - NW9

    Hi there, pleased to meet you all!

    I have fallen victim to the predators Parking Control Management at the infamous Heath Parade - NW9 location.

    To give you a bit of history...

    - I have been accused of parking at the above location and am now being chased for a £235.50 amount
    - The evidence shows I was at the location for 1min 50 secs
    - My hazard lights were on, as shown in the evidence, as there was an issue with my brakes at the time
    - I have a letter from Chevrolet which confirms there have been issues with certain cars' break fluid and that they will change mine free of charge

    I contend that:
    - No contract was formed between myself and PCM as the terms of parking are prohibitive and offer no service (see PARKING CONTROL MANAGEMENT (UK)-v-CHRISTOPHER BULL), and/or was not in my reasonable control to breach said terms (brakes issue)
    - There was apparently no grace period, as stipulated in the IPC Code of Conduct, of which PCM are a member and have been since 2014
    - The £150 they claim in PoC is not an realistic estimation of cost, and resembles a penalty, unenforceable by law
    - IPC Code of Practice also states that companies should not engage in predatory tactics, of which this more than likely falls under

    What I have:
    • I received the notice to keeper in July
    • I have received the debt collectors letters
    • I have received the letter before claim from Gladstones
    • I did nothing each time (reasons I will divulge later)


    I am now going to send the acknowledgement of service but would love help piecing together a defence. Any help soon is welcome!

    I've attached images for reference also:
    1. The County Claim Form (PoC - are they sufficient?)
    2. The signage at the location (contract - was there none for me as a driver?)

    P.s. Hope everyone's had a merry Christmas! I certainly won't let this dampen the end of the year for me =) :santa_smiley: :candycane4:
    Attached Files
    Last edited by stephthechosenone; 29th December 2016, 14:32:PM.
    Tags: None

  • #2
    Re: HELP - Parking Control Management at Heath Parade - NW9

    Yet another at this location! The PPC's are having a field day. As the others have been asked to do contact the council and find out the status of the road, ie adopted or not. Adopted means they are breaking the law.

    Comment


    • #3
      Re: HELP - Parking Control Management at Heath Parade - NW9

      Yes, [MENTION=39331]ostell[/MENTION], it's a real hotspot for these guys
      I've read about how many they've got going at this location - apparently it got so bad that the lady photographing the cars got assaulted!

      I've called Barnet Council and they said they can't find the property / road on their systems (what?), so she has logged a ticket with the Highways Officer and she will get back to me within 10 days (she quoted me the 12th Jan)

      Would really like to know how other cases have gone - thing about these forums is people don't tend to come back once they've been successful!

      Comment


      • #4
        Re: HELP - Parking Control Management at Heath Parade - NW9

        The parking prankster has given a suggested defence on his web site. Link Here

        Comment


        • #5
          Re: HELP - Parking Control Management at Heath Parade - NW9

          Originally posted by ostell View Post
          The parking prankster has given a suggested defence on his web site. Link Here
          Yes! He emailed me this response and posted it when I asked him yesterday. What a lad! If I win, I'm definitely donating!

          Comment


          • #6
            Re: HELP - Parking Control Management at Heath Parade - NW9

            Guess i'm no longer required then

            M1

            Comment


            • #7
              Re: HELP - Parking Control Management at Heath Parade - NW9

              Originally posted by mystery1 View Post
              Guess i'm no longer required then

              M1
              I reckon not =)

              Should I send this defence instead of the AoS to save time? The reason I ask is:

              The defence is now online and gives Gladstones time to react
              I have all the info I need (including a counter claim)

              Additionally, the text box for the defence is so small, can I direct their attention on the form to an attachment, where my defence and counterclaim will be?

              S

              Comment


              • #8
                Re: HELP - Parking Control Management at Heath Parade - NW9

                There is no need to file AOS if you are ready to enter a defence. Just file the defence.

                M1

                Comment


                • #9
                  Re: HELP - Parking Control Management at Heath Parade - NW9

                  Yes you can send an attachment to the court.

                  Comment


                  • #10
                    Re: HELP - Parking Control Management at Heath Parade - NW9

                    Whats the counterclaim?

                    Comment


                    • #11
                      Re: HELP - Parking Control Management at Heath Parade - NW9

                      Originally posted by wales01man View Post
                      Whats the counterclaim?
                      Data Protection breach
                      If no contract was made, they had no justifiable cause to retrieve my info from DVLA

                      Comment


                      • #12
                        Re: HELP - Parking Control Management at Heath Parade - NW9

                        Does anyone know if I enclose any counterclaim fee in the envelope I send?

                        Comment


                        • #13
                          Re: HELP - Parking Control Management at Heath Parade - NW9

                          Probably, you could.

                          I'd phone on Tuesday (i think that'll be when they reopen) and pay over the phone, between 0930 and 1545 if i recall correctly.

                          M1

                          Comment


                          • #14
                            Re: HELP - Parking Control Management at Heath Parade - NW9

                            Great, thanks. I'm well within the time so I will call then. Have a great weekend all! I'll keep you posted =)

                            Comment


                            • #15
                              Re: HELP - Parking Control Management at Heath Parade - NW9

                              Just finalising the defence statement - I noticed on this thread and many others that advice has been not to mention you were the driver.

                              I haven't been in contact with the claimant at all so as far as they're concerned, I was, so does this still apply at this stage? I assume not, hence the taking to court malarky...but does a presumed admission in the defence statement tell the court I was driving? (for instance, if I used sentences like, "on the relevant date, I stopped...)

                              Should I stick to saying "the driver". Will I be seen as obstructing?

                              Silly question, I know! But I've read up on keeper liability. Should I add something in the defence on this?

                              Comment

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