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[Help] PCN help Please.



BlackDog

New member
Aug 19, 2024
5
Hi, can our resident expert on these please give me some advice on what to do (other than pay the thing).

Yesterday my Son (who is a student and not working and learning to drive, if that has any relevance) was out driving with my Wife and went to the cinema in Worthing. He parked in a Pay & display car park at the bottom of Portland Road, near Boots. Anyway they mistakenly thought that after 18.00 you didn't need a ticket, as my wife checked a nearby meter, which turns out to be a meter for the street and not for the carpark. So fair enough it was a mistake and they should have got a ticket.

Any way the fine/penalty is £100, and has been issued by a company called GXS.

I am aware of ways of not paying these so would appreciate any help an advice.

Thanks
Did you win the appeal? What happened May I ask as someone having issues with the same
Place.
 




LadySeagull

Well-known member
Jan 21, 2011
1,247
Portslade
Which place?

Which Parking firm?

What was the PCN issued for?

All PCNs about 'leaving the site' (if issued by a BPA company) should be easy to win at POPLA, as they never have photos of the driver leaving the site.
 


BlackDog

New member
Aug 19, 2024
5
Which place?

Which Parking firm?

What was the PCN issued for?

All PCNs about 'leaving the site' (if issued by a BPA company) should be easy to win at POPLA, as they never have photos of the driver leaving the site.
It was Portland road car park in Worthing issued by GXS. I had bought a ticket from the council machine literally right next to the cars parked not realising it would not be valid. The PCN was issued within the time I had bought for. When I appealed it showing my ticket (with Portland Road written on the ticket) they said I’d bought it from the wrong ticket machine showing a different machine with a sign saying pay here. It turns out was a cash only machine whereas the council machine had a card payment option. I didn’t have any cash and had also tried the other local car park which was closed for some reason. I appealed with a polite email and referred to the ticket I had bought etc so have pretty much said I was the driver. The return to my appeal threatens me that if I appeal to an Independent Appeals Service but waiver the lower fine of £60 vs £100.
 


BlackDog

New member
Aug 19, 2024
5
It was Portland road car park in Worthing issued by GXS. I had bought a ticket from the council machine literally right next to the cars parked not realising it would not be valid. The PCN was issued within the time I had bought for. When I appealed it showing my ticket (with Portland Road written on the ticket) they said I’d bought it from the wrong ticket machine showing a different machine with a sign saying pay here. It turns out was a cash only machine whereas the council machine had a card payment option. I didn’t have any cash and had also tried the other local car park which was closed for some reason. I appealed with a polite email and referred to the ticket I had bought etc so have pretty much said I was the driver. The return to my appeal threatens me that if I appeal to an Independent Appeals Service but waiver the lower fine of £60 vs £100.
What do you think @LadySeagull?
 


LadySeagull

Well-known member
Jan 21, 2011
1,247
Portslade
You should just ignore GXS and certainly ignore the £170 threatograms from debt collectors.

They don't come knocking.

You don't have a 'fine'.

There's no 'independent' appeals service.

TOTALLY IGNORE unless you move house (if so, tell them, obviously, because safely ignoring means seeing & opening the letters at least).

If you get a court claim then post on MSE. Over there we defend cases every day.

Nobody risks a CCJ.

Nothing bad. Very easy (I've won cases at Brighton, Lewes and Worthing courts and never lost) and I've written a Template Defence used by tens of thousands of people.

But GXS are not litigious so don't worry!
 




Giraffe

VERY part time moderator
Helpful Moderator
NSC Patron
Aug 8, 2005
26,946
Beware if you park in Sussex Uni and haven't registered your number plate you'll be getting a PCN.
 


BlackDog

New member
Aug 19, 2024
5
Thanks
You should just ignore GXS and certainly ignore the £170 threatograms from debt collectors.

They don't come knocking.

You don't have a 'fine'.

There's no 'independent' appeals service.

TOTALLY IGNORE unless you move house (if so, tell them, obviously, because safely ignoring means seeing & opening the letters at least).

If you get a court claim then post on MSE. Over there we defend cases every day.

Nobody risks a CCJ.

Nothing bad. Very easy (I've won cases at Brighton, Lewes and Worthing courts and never lost) and I've written a Template Defence used by tens of thousands of people.

But GXS are not litigious so don't worry!
Thanks @Lady Seagull. If the ‘fine’ is £60 and I do get a court hearing (bearing in mind I am from the other side of the country) won’t it cost me more to hire legal help and attend the hearing than to pay the fine? Or do you not think it will get to that?

Also is this page and the advice about popla not authoritative?

Where do I need to post on money saving expert if I need any help?
 


LadySeagull

Well-known member
Jan 21, 2011
1,247
Portslade
You don't need to 'hire legal help' to defend a poxy parking firm dross small claim. They are easy to beat. Think of court as the only fair 'dispute resolution on offer. Not scary. Often dropped before hearings because it's not robust defendants that these firms seek.

And the hearing (if any) would be at the local court nearest you. Not the one nearest the car park! And not the choice of the parking firm either. It's heard near you.

You do not have a fine.

You do not have a debt.

GXS are not litigious anyway.

IGNORE, HONESTLY.

This is bespoke advice for your situation and taking into account that it's only benign GXS.

Advice will differ depending upon the scammer in question so NSC posters should feel free to ask me about other PCNs. Ignore is not for all cases. Some are easier and some are harder than this.
 
Last edited:






South Stand Bonfire

Who lit that match then?
NSC Patron
Jan 24, 2009
2,374
Shoreham-a-la-mer
You don't need to 'hire legal help' to defend a poxy parking firm dross small claim. They are easy to beat. Think of court as the only fair 'dispute resolution on offer. Not scary. Often dropped before hearings because it's not robust defendants that these firms seek.

And the hearing (if any) would be at the local court nearest you. Not the one nearest the car park! And not the choice of the parking firm either. It's heard near you.

You do not have a fine.

You do not have a debt.

GXS are not litigious anyway.

IGNORE, HONESTLY.

This is bespoke advice for your situation and taking into account that it's only benign GXS.

Advice will differ depending upon the scammer in question so NSC posters should feel free to ask me about other PCNs. Ignore is not for all cases. Some are easier and some are harder than this.
Just out of interest, has anyone to your knowledge turned the table on any parking firms when they have been issued dubious “fines” and sued them in the smalls claims court for harassment or similar ?
 


LadySeagull

Well-known member
Jan 21, 2011
1,247
Portslade
Yes there have been successful claims and counterclaims but not too often. They would depend on specific legal arguments and circumstances.

It isn't harassment to pursue a debt that the Claimant has reasonable cause to believe is owed.
 




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