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Messages - Dan Waterman

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1
Private parking tickets / Re: Never Received a PCN
« on: June 12, 2024, 01:23:22 am »
Dear DWMB2

Thank you so much for your kind advice and the time you spent trying to help me.

Since I can't upload the letters sent to me, I will try to cope and paste the letters sent to me by email:

On 15 March 2024 I received this email:

 "Dear Mr. XXX,
 Re: Parking Charge Notice Number A59196 (Vehicle: xxxx)
 Site: DHB Marina North Car Park
 Issue date: 07/02/2024
 
Further to your email.

A Notice to Keeper was sent to you on the 7/2/24 and a final demand on the 7/3/24, I have attached copies of both letters together with the certificates of post.
The account is with BW Legal, they will contact you if not already, it is they that you must communicate with.
PCN A59659 was cancelled as we did not respond to the IAS within the given time, the IAS did not rule in your favour.
Please be aware, we cannot assist any further."


2
Private parking tickets / Re: Never Received a PCN
« on: June 09, 2024, 11:54:11 pm »
I have been trying all night to send a copy of the letter but I can't.
I tried with screenshots (30kb size) and PDF (900kb size) but didn't go through, tried for hours. Keep asking me to report this to the Administrator.

"An Error Has Occurred!
The upload folder is full. Please try a smaller file and/or contact an administrator."

Thank you both for your time

3
Private parking tickets / Re: Never Received a PCN
« on: June 09, 2024, 07:04:25 pm »
I really appreciate your answers and time.

They have provided electronic proof that they have delivered the second PCN but I truly and honestly never received it. As I explained in my last message here, why would I appeal a PCN but ignore the second one? I am an academic and I can read and write, so I find this utterly unfair.

Thanks again

4
Private parking tickets / Re: Never Received a PCN
« on: June 08, 2024, 11:49:50 am »
Thanks for your comments.

Thing is, I am not arguing the rules of the parking, but I never received the PCN.
Had I received it, like the first one, I'd have at least appealed on time.
Secondly, I did not park nor did I leave the car.

I just want to quote this I found somewhere:

"The definitions [for parking] are taken from Acts of Parliament, Halsbury’s Laws of England, leading textbooks and verbatim judgments from across the Commonwealth. As such its definition of parking should be influential in parking cases.

Its definition of parking comes from Lord Greene’s judgment Ashby v Tolhurst (1937). He held:

You take a car park ticket in order to obtain permission to park your car at a particular place, and parking your car means, I should have thought, leaving your car in the place. If you park your car in the street you are liable to get into trouble with the police. On the other hand, you are entitled to park your car in places indicated by the police or the appropriate authorities for the purpose. Parking a car is leaving a car and, I should have thought, nothing else.

Words and Phrases legally defined” Fifth edition (2018)."

Any thoughts?   

5
Private parking tickets / Never Received a PCN
« on: June 08, 2024, 12:51:43 am »
Hello Everyone,


I am seeking your advice on an urgent matter regarding a parking charge notice (PCN) issued by GXS Services Ltd.

In March this year, I took my daughter out twice to teach her to drive, utilising a car park operated by GXS Service Ltd in Dover. I initially received a PCN, which I promptly appealed and won. GXS claims that I did not win the appeal but "the PCN was cancelled as they did not respond to IAS within the given time". This has been sorted, and I do not have to worry about it.

What bothers me, however, is that six weeks later, I received a final notice from GXS, demanding payment of £160 for failing to appeal against a second PCN that I never received. I used the parking space twice, so two tickets have been issued.

I emailed GXS but they claimed to have proof of sending the second PCN, which is untrue as I never received any such notice.

Furthermore, during the time in question, the car was never parked. It was in motion continuously for the entire duration of 22 minutes. My daughter and I remained in the vehicle the entire time and never left it.

Now, BW Legal, GXS's legal representative, is demanding payment of £170 or threatening court action.

I have seen other people complaining about not receiving a PCN notice. I am wondering if this is a tactic that's been used by the private parking companies. Why would I appeal a PCN but deliberately ignore the second one? 

I would greatly appreciate any advice or assistance on how to proceed with this issue.

Thank you.

Dan

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