CC defense for parking with a permit

Forest22 · 26 March 2017 at 1:57PM

Can someone please help me with the wording for my defense on MOCL?
Summary of events...
Parking scheme introduced by property management company, without consent of property owners, in Aug 2015. I am an owner/occupier. In December 2016, I received a parking ticket for not displaying a valid parking permit (Permit Obscured - Cannot Ascertain Validity). My parking permit was clearly displayed, as usual, on my dashboard. I was parked in my 'legally allocated' parking bay with the correct, corresponding permit.
I challenged the ticket via a phone call with the Director of the parking company and followed up by email with photographic evidence of the permit on my dashboard, clearly visible from my windscreen. On the phone call he stated ' this site costs me money'. I never received a written response to my email.
In January, I received a reminder notice with photographs showing my car taken from several meters away. The dashboard/ticket isn't visible from this far away but the ticket issuer would have definitely been able to see and read my permit when affixing the penalty charge.
Again, I contested by email saying this was wrongly issued and I would not be paying.
I have been out of the country for several months and have returned to a solicitor's letter dated February and a CCClaim dated 10 March. I have just completed the acknowledgement of service form (online) to allow me time to respond as I've only just got back to the UK.
I have immersed myself in the forum but this feels slightly different. Besides the fact that residents believe the scheme to be illegal and have told them to remove signage from the property since 9 December 2016 (which they still haven't done), a permit was clearly visible. A ticket has never been received previously or since this incident.
Any wording to support my defense, which I must submit this week, would be most gratefully received.
thanks you

Fruitcake · 26 March 2017 at 2:25PM

Have you read the court guide written by bargepole that is linked from the NEWBIES thread? This gives you advice on when ad how to fill in the court paperwork. Hopefully you left the defence box blank when you acknowledged the claim and said you would defend it.

There is also a lot of information about appeal points in the NEWBIES thread, plus information here about permits and residential parking court cases that will help in your defence.

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

What does your lease/AST say about parking or permits. A third party (the parking scammers) cannot add on Ts and Cs to an existing contract (your lease/AST.) If it doesn't mention permits, why are you displaying one at all?

Lamilad · 26 March 2017 at 2:25PM

Unless they have a photo showing your dashboard without your permit on display then they have absolutely no proof that a contravention has occurred. This claim is completely without merit and should be struck out as offering no cause of action.

More details are needed to offer meaningful advice. For starters which parking company is this and what do the particulars of claim state?

Fruitcake · 26 March 2017 at 2:29PM

Also do a search for "own space" on this forum.

Do you own the parking space, or do you rent it?

Who owns the car park? Have you complained to them about it? If so do you have anything from them to support your case?

Forest22 · 26 March 2017 at 3:22PM

Thank you for your RSVPS
Yes, I have read the info on how to post MOCL but this feels 'different' to everyone elses complaints.
I have and was displaying a permit, and sent evidence to parking company but no one is replying to me!
I have an allocated parking space that came with the purchase of my property...no change to the lease has ever been asked for/agree to and again, the parking co have been told this!
I have evidence of the permit in my car, I have a picture of the space as per my lease, I have emails I have written contesting validity of their ticket.
Just wondering if anyone had any legal jargon I could include that was relevant and pertinent.
This is so draining

Forest22 · 26 March 2017 at 3:23PM

The parking company is Parking & Property management ltd

Guys_Dad · 26 March 2017 at 3:33PM

It is not different.

You need to construct your defence in a structured way.

1. No "offence" occured. The photos were taken in a manner to deliberately create an income for the PPC. Your permit was on display and submit photos - theirs and yours.

2. Your lease - it has primacy. Is there anything in it that refers to a PPC or the right of the landowner/management company to charge leaseholders for parking or contraventions?

3. Signage - the letter you got re a PPC being appointed and the onssite notices - what do they say? do they refer to unauthorised parking or what.

4. You have never given your consent to vary the lease as far a parking control goes. Should an unauthorised vehicle occupy your leased space, then it is you as leaseholder that would be inconvenienced and not the actual landowner to whom you have paid to occupy that space. Certainly there may be an argument for PPCs to manage the common roadways, verges and other areas not covered by a lease, but your right to use what you have paid for is not overridden by a subsequent arrangement between the landowner/agent and a PPC that you had never agreed to.

That's about it as far as your case goes although some regulars may wish to refer you to case history - such as Jopson.

Lamilad · 26 March 2017 at 4:26PM

Get reading lots of other threads involving parking and property management Ltd (PPM). There's plenty on here and loads on pepipoo:

http://www.pepipoo.com/search-results.htm?cx=002954149332536547518%3Aurx9dzjvubm&cof=FORID%3A9&ie=UTF-8&q=Parking+%26+Property+management&sa=Search&siteurl=forums.pepipoo.com%2Findex.php%3Fshowforum%3D60&ref=forums.pepipoo.com%2Findex.php%3Fshowforum%3D60&ss=4047j2595953j11
(ignore ads at the top)

Also worth a read:
http://parking-prankster.blogspot.co.uk/2017/03/parking-and-property-management-ltd.html

Half_way · 26 March 2017 at 4:46PM

Yet more stuff to digest, this time form Lynzer on pepipoo
Guide to residential parking
http://www.thebridesmother.co.uk/Media/residential-parking.pdf
A few template letters
http://www.thebridesmother.co.uk/Media/Templates.pdf

Have you engaged the management company at any point?
if not then you need to do so immediatly.
Have you informed the management company that you have only been displaying a permit at your own discretion?
have you told the management company that they must call off the court action initiated by their agents with immediate effect?

Coupon-mad · 26 March 2017 at 11:21PM

Not difficult to find this (hat tip to Umkomaas for this comprehensive reply to another one exactly the same):

http://forums.moneysavingexpert.com/showthread.php?p=72307213#post72307213

No different from any other cases; just make sure you include the Jopson case and PACE v Noor, Link v Parkinson, etc.

We win v Gladstones so please read the NEWBIES thread post #2 several times, the links will help you (only post #2 of it).

CC defense for parking with a permit

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