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Spring Parking ltd/DCB(Legal) 6 2019 ANPR PCNs claimform - 1-3 Upper Green East, Mitcham, Surrey, Cr4 2pe ***Claim Discontinued***


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Hitman

if you were not the driver on either of the two occasions that you were issued with the two PCNs above, you are not liable for that ticket as both PCNs are not compliant. The reason is that in Schedule 4 S9  the vampires have to stick to the wording in the Regulations.  In S( 2] [f] they completely miss out a vital requirement.

 

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

 

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

They did not include the words within the brackets so they are non compliant.   Even if you were the driver as long as you haven't appealed to them back in 2019 they will have difficulty  in proving that you were the driver.   

 

It would help if you could get photos of

the car park that could help your case. 

Things like the sign at the entrance;

by the pay machine 

 

plus other signs dotted around the car park,

especially those that have different conditions.

 

Also note where they all are as these companies often post up their signage where they would  like them to be rather than where they actually are. This damages their credibility when they get it wrong. Of course their signs may have been right at the time since yours will be current. But the photos of the signs may well be important. And you may need all the help in light of the amount of claim against you.

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  • dx100uk changed the title to Spring Parking ltd/DCB(Legal) 6 2019 ANPR PCNs claimform - 1-3 Upper Green East, Mitcham, Surrey, Cr4 2pe.
  • 3 weeks later...

Ok

they are trying to show the Court that they are acting in compliance with Court recommendations to do their best to settle out of Court. But the figures they quote are ridiculously high and no one in their proper senses would agree to. 

 

The letter is also designed to scare you into paying before the Court hearing as the  will tell you that in Court if you haven't agreed with their settlement figure and you lose there will be further charges added.

 

Their whole case is a load of c**p and that is not including the five PCNs in one day. Your PCN on the 16th is for a 16 minute overstay. Given that under the  BPA Code there is a minimum of 5 minutes Consideration time and another ten minute minimum grace period when leaving, a one minute overstay is well within those parameters.

 

On top of that the sign you posted stated a £95 charge for a breach whereas their Letter of Claim states £70 which is inclusive of debt recovery costs!!!

 

On top of that, the last two  PCNs are now dated in 2020 and one of the 16th Feb was for parking in a no parking area not for exceeding the time constraints. Heaven knows what errors their next letter will contain.

 

You must email them back and tell them in no uncertain terms that they are not to use your email address again. And that you have now blocked them from using your email. of course after you send the email to them . You then block them. other wise they will send you  an email just before the hearing giving you no chance to possibly understand the contents let alone being able to respond.

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To a certain extent it may depend on the company involved. With some one could think there was no way it could be anything other than deliberate and with a few [probably less than five] it could have been a genuine error. Though it is strange that the "errors" always seem to work in their favour.

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