CPS UK/Gladstones PCN Claimform - Spring Street, on 02/03/2022 ***Claim Discontinued***

[Nicky Boy]

Hi TS,

 

I suspected it was 8 Spring street, but when you search for the postcode, it comes up with an area at the top of Spring Street where it Joins Spring Bank...

/assets/images/govuk-opengraph-image.png

Summary of freehold - Search for land and property information

SEARCH-PROPERTY-INFORMATION.SERVICE.GOV.UK

So I think the number 8 is just a Google Maps anomaly...

 

I suspect it may be this?...

/assets/images/govuk-opengraph-image.png

Summary of freehold - Search for land and property information

SEARCH-PROPERTY-INFORMATION.SERVICE.GOV.UK

 

HU2 8JX

 

Also, planning permission should be quite recent because Google street view doesn't show a "car park" there until 2018.

 

Google Maps

WWW.GOOGLE.CO.UK

---

Find local businesses, view maps and get driving directions in Google Maps.

 

[TS6014]

Ah yeah I see what you mean. Still odd how there is no planning permission. I got in touch with Hull city council this morning to see if they know hopefully they get back to me soon. 

Edited October 5, 2022 by TS6014

[FTMDave]

21 hours ago, TS6014 said:

Can't find the land owner or any planning applications online.

Good news.  Lack of planning permission is a criminal offence and that means the chuckle brothers' signs are illegal.

 

So two things to do now.  I see your defence filing date is 16 October, a Sunday.  MCOL often has work done on it at the weekend.  Probably best to file our generic defence on the Friday.

 

Secondly, make a note to come back here on 1 November if there are no replies to the CPR or the SAR, and we can think of alternative ways to try to get our hands on the PCN.

 

 

[miley_b ob]

This is indeed the same car park that I posted about a couple of years ago. Back then the idiots were late in sending the original PCN out, so it was past the 14day limit under POFA to establish keeper liability. They also did a tonne of other stuff wrong. The signs were poor, there was no clear sign at the entrance, the PCN had a generic address of Spring Street Hull. I counted 7 car parks on that 1/4mile street! 

 

After we sent the snotty letter in reply to their letter before action, my brother never heard from them again. For those that can recall the Snotty Letter we sent, I am happy to report that he did get his trip with the family to Disney World this summer, but unfortunately he had to pay for it himself and not with a contribution from the Parking clowns.

 

If its any help with this situation, I never did find any planning permissions and when sending correspondance to the London PO box address, letters always came back undeliverable.

 

After contacting the idiots pretending to be interested in taking up their services for our works car park, I got the following local address for them.

 

Complete Parking Services Ltd 
PO Box 728

Hessle

HU13 3BL

 

This is were we sent the snotty letter and we have never heard from them since.

Edited October 9, 2022 by miley_b ob

[TS6014]

I appreciate your input thank you! I am hoping they do respond with the original PCN and they have made the same mistakes as they did with your brother!

[dx100uk]

@miley_b ob

dont forget to update your own thread too.

[FTMDave]

@miley_b obThanks so much for coming on and being so helpful.

 

I love the part where you conned the fleecers into giving an address!

 

As dx says, when you have a mo please update your own thread.

[TS6014]

I've noticed the Hessle PO box is on the signs in the car park. However the address on the court form is a London address. Presumably the same one you tried to contact @miley_b ob. How can they have an address on a court form if the letters come back!?

[FTMDave]

Because they're using Gladstones solicitors for the court claim, papers are sent to Will & John in Warrington.

[FTMDave]

Ho!  Ho!  Ho!  From the retards' site:

 

Tailored to individual needs, we offer a turnkey solution: preparing land, acquiring planning permission, site installation, cash collection, machine servicing and site maintenance all the way through to parking enforcement. 

 

https://www.completeparkingservices.co.uk/home

 

Planning Permission

We work with local authorities to ensure that all necessary planning applications are submitted ensuring legal obligations are met.  All Health & Safety regulations are addressed.

 

https://www.completeparkingservices.co.uk/our-services

 

So that's great ammo for your WS further down the line.  They emphasise themselves, twice, the necessity of planning permission - yet have not even applied for it at the site in question.

 

Also Google Earth is very up-to-date for 142 Cromwell Road, Kensington - August this year.  There's the British Council there.  One (or two) estate agents.  No sign of the chuckle brothers.  Why would the inbreds lie about having an address in London?  To pretend they are big boys in the industry perhaps?

[TS6014]

Hi guys.

 

Before joining this forum I had emailed the original firm for an SAR. Obviously now since joining I know NOT to email them. However they have sent me the original PCNs. I will now have no further contact with them as per advice. 

 

I have attached it.

 

It may sound maybe like I'm grasping at straws but I'm sure the original PCN was different to this. However it's what they've sent. This was from the original parking firm somebody named Jamie. 

original pcn.pdf

 

I also got in contact with the solicitors regulation authority to ask about Gladstone's claiming for the added on 70 pound. They replied : -

 

Until this new Code comes into force, I understand that Parking Operators are still covered by existing codes of Practice.

 

The International Parking Community (‘IPC’) Code of Practice allows operators to add a sum of £70 in respect of debt recovery 

costs, to be recovered from the motorist. This is in addition to the unpaid parking charge, which is typically £100.

 

In the circumstances, parking operators are entitled to instruct the firm to seek recovery of an unpaid PCN in the sum of £100, plus £70 for debt recovery costs and the firm is obliged to act in accordance with the 
instructions it receives from its client.

 

Because I don't have access to the original PCN I guess there's no way to know.

 

Feel like they seem to have covered quite a lot of bases. I wasn't the driver and obviously it can be passed onto me because of their original PCN.

 

Feel like at this point it might just be worth paying before court. 

[brassnecked]

Except under the existing POFA idf suing The Keeper they can only claim the Original Invoice sum aka £100, the £70 can only be claimed from The Driver.

[TS6014]

Still heard nothing back from Gladstone's regarding the letters I sent. 

 

Regarding planning  permission. I had been searching about Spring street but according to the post code on the letter it's classed as Portland street. Will have to search that. 

[Nicky Boy]

So, in their reply to your SAR, all they sent was the pcn?

No follow up reminders? no letter before claim?

 

And, the only mail at your old address was the court claim form?

 

Seems like a big jump from pcn to court claim with nothing in between.

[Nicky Boy]

HEY!

 

Look what I found...

 

COMPLETE PARKING SERVICES LIMITED filing history - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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COMPLETE PARKING SERVICES LIMITED - Free company information from Companies House including registered office address, filing history...

 

Apparently, they don't exist any longer.

 

I think others may start with various legal comments about this one!

[Nicky Boy]

Also,

 

You've left your name showing on the pdf in the last post...

[TS6014]

I saw that but then there's this too 

 

COMPLETE PARKING SERVICES (CPS UK) LIMITED overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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COMPLETE PARKING SERVICES (CPS UK) LIMITED - Free company information from Companies...

 

In the SAR I sent before joining this forum I requested, should I have asked for more? : 

 

ALL photos taken
All letters/emails sent and received, including any appeal correspondence.
A PDT machine record from that day, of payments made .
all data held, all evidence they will rely on, and a full copy of the PCN and NTK. 
 

[dx100uk]

Should have just stated all data 

 

Dx

[FTMDave]

The retards have obviously been copying other boys' homework as the PCN is not as bad as in miley_b ob's case.  There are actual photos this time and they have respected the POFA 14-day rule.

 

2 hours ago, TS6014 said:

Feel like at this point it might just be worth paying before court. 

Well, it's up to you but because costs are already included in the claim we always think it's worth fighting them in court.

 

The current claim is for £260.

 

If you win in court you pay £0.

 

If you lost you pay £260 plus £25 hearing fee less a bit of interest but it's not much and also probably (but not certainly) less the £70 Unicorn Food Tax they've made up.

[TS6014]

Do you think it's worth fighting @FTMDave?  My main argument was I wasn't driving however they seem to have covered that in their PCN. 

[dx100uk]

god dont give in!!

 

dx

 

[TS6014]

I have searched their postcode for the car park and still nothing on the planning permission front. 

[FTMDave]

I've had to hide your post with the "reminder letter" attached.  You left your full name showing.  Please redact properly using the upload guide.

[FTMDave]

Regarding giving in.  Firstly, as posted above, if you give in it'll cost you £260.  If the court case goes badly you'll have to possibly cough up £285 but more likely £215 (depends on the judge) so we'd suggest to keep fighting.

 

There are other things to consider.  As you'll have seen from miley_b ob's thread they really are retards.  That's not just an insult, never before have we seen a company that tries to outsource its paperwork to a third party.  We can't be sure of course, but take that and their not having a real office and the fact that their income from a few tiny dingy car parks in Hull can't be huge, and it's probable that they have other jobs and have just latched onto the private parking rubbish to make an extra few illicit quid.  They haven't a clue what they're doing.  You do.

 

A common tactic by these disgusting companies is to issue a court claim (it only costs £35) to try to get the motorist to wet themselves due to the horror of that dreaded word COURT and pay up.  Presumably lots do.  But they have no real intention of doing court.  A short time before the court date they discontinue the case.  That could easily happen in your case.

 

So keep fighting!

 

I think though at this stage you should tell us what really went on re driver, payment (or not), input of correct registration number (or mistake), or whatever.

[lookinforinfo]

Relax TS. Do not pay a penny. In order to get you to pay the PCN MUST comply with PoFA2012. It does not. If you read all  the Protection of Freedoms Act 2012 Schedule 4 section 9 you will see why.

 

More specifically sub section [f] makes it clear where they have gone wrong by deviating from the PoFA script.

f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(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;

 

You will note that CPS states that the keeper becomes liable if the amount is outstanding after 28 days. But 28 days from when-the date the PCN was issued, the date you received it or two days after the PCN was issued [with allowances made for bank holidays].

 

PoFA is quite specific that it is 28 days from when the PCN was given. It may be a small point in itself but at the start of section 9 the Act states that this section must comply with the requirements mentioned below.  

The second thing is that they creditor can only claim keeper liability if all the applicable conditions are met. yet they miss out that very  statement in their own PCN!

 

Also there is no provision in PoFA for any extra charges over and above the amount stipulated on the PCN yet CPS seem to think that they can add extra charges which have been described by many judges as an abuse of process.

 

So keep your money in your pocket.

 

Especially as you can point out that your car was not parked in HU2 8JX at the time they claim since that Postal address relates to Portland Street Hull.

 

If  you check the post code for Spring Street Hull  in postcode finder you get HU2 8RB, HU2 8Rd and HU2 8RA. If you have read section 9, almost at the start it states that the PCN must specify the relevant land on which the car was parked. As they have got the postcode wrong that is a massive fail.