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PCS Notice to Keeper Millenium Parking Services

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2456

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  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
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    Having read Parking Prankster, I'm not sure if I have a case to defend. Or should I just pay

    Do you want to be a prisoner in your own home and be milked for cash when there is no proven liability?
  • SR06
    SR06 Posts: 25 Forumite
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    Definitely not! I'm up for the fight. Especially if it helps others in my situation - this has been very time consuming and frustrating. Have taken enough time off work becuase of these fines already.

    At a loss as to what my next steps should be. How do I construct a defence from the information I have?
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    edited 23 January 2017 at 11:43PM
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    The parking enforcement was implemented purely to endure that all residents have the ability to parking in their own allotted car parking space without being impeded by residents or non-residents parking in the wrong places.
    Good, so that states the purpose of the permit scheme and it isn't there to penalise residents. The fact they've changed the rules recently to allow a 'warning' (how nice of them - NOT!) proves they must have been deluged with complaints.

    This entire regime is NOT ON, you know, NOT OK in a residential car park. Don't be victims. Fight this - if you pay you are total mugs (sorry) who will then be put on a suckers' list. Parking firms of ex-clampers (and I think this bunch are ex-clampers) actually used to rock cars to dislodge permits you know, and will issue new Permits just to catch people out with 'old' ones. Any excuse, all the time, while you live there.

    This is not acceptable. If you pay you are actually paying MORE than your Mum would pay even if she lost at a hearing, you know. The costs are inflated and can be argued as 'unrecoverable' as part of the defence, so even the odd person here who loses (and I can't recall more than I can count on one hand, and NONE lost so far v Gladstones) pays less than on the claim form.

    No CCJ, nothing bad. It is a no-brainer to defend. But these are not YOUR next steps, they are your Mum's the Defendant. Don't get this wrong, the Defendant is the person named on the claim form and that's the registered keeper (we hope) whose defence is strong.



    SR06 wrote: »
    Definitely not! I'm up for the fight. Especially if it helps others in my situation - this has been very time consuming and frustrating. Have taken enough time off work becuase of these fines already.

    At a loss as to what my next steps should be. How do I construct a defence from the information I have?

    Did you read 'Small Claim?' and all the info I've posted there in the NEWBIE Sthread to help you? How can you be at a loss after reading the Prankster's Blog, most people are fired up to counter-claim when it's a residential car park! did you read the Jopson v Homeguard case and Pace v Mr N, both are full, linked transcripts in the Parking Prankster's case law?

    Didn't they fill you with determination not to be scammed? Like IamEmanresu, I agree, don't be victims in your own homes.

    Tell us when you've read the 'Small Claim?' section in depth, links and all, that is found in the NEWBIES FAQS sticky thread and re-read the Prankster's Blog including the Jopson and Pace v Mr N transcripts. And reassure us that your Mum has acknowledged the claim (you can do this but in her name, assuming she's the defendant you can't unpick that).

    And what did your letter say that Gladstones ignored? Show us that as well as your draft defence, based on the absolute shedloads of other Gladstone residential car park defences on here right now. Search the forum for 'Jopson Gladstones defence' and you will no doubt find a dozen or more written in recent months, by people like you with no previous experience.

    We win cases. 100% worth fighting.

    Is the claim about both PCNs?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Half_way
    Half_way Posts: 7,054 Forumite
    First Anniversary Name Dropper First Post
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    Parking

    As you will no doubt be aware now,
    this hints that a change was enacted
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • twhitehousescat
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    3:Visitors spaces are for the use of Visitors only the car was registered to your mother ,

    she and the car were visitors

    On 25/06/2016 my mother's car had a PCN from Millennium Parking Serves for 'No permit displayed'.
    why ? the car nor the owner were registered as living at the address

    Parking Enforcement To create a fairer system, there is now a policy in place whereby the first parking transgression will receive a warning ticket which will be attached to the vehicle windscreen. 1 warning ticket will be given per vehicle per year ,
    had this car already recieved a warning in the previous 12 mths?

    Also please note that the visitor bays are for visitors only, and any vehicle displaying a permit for the numbered bays but parked in the visitors’ spaces will be subject to a warning ticket followed by a parking charge notice and fine.

    no permit was displayed
  • SR06
    SR06 Posts: 25 Forumite
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    3:Visitors spaces are for the use of Visitors only the car was registered to your mother ,

    she and the car were visitors

    They are saying that the car was parked in the visitors spot and exceeded max stay period.
    On 25/06/2016 my mother's car had a PCN from Millennium Parking Serves for 'No permit displayed'.
    why ? the car nor the owner were registered as living at the address

    This is for the car being parked in the parking bay that comes with the flat. The permit has the flat number on it, no car is registered to the bay.
    Parking Enforcement To create a fairer system, there is now a policy in place whereby the first parking transgression will receive a warning ticket which will be attached to the vehicle windscreen. 1 warning ticket will be given per vehicle per year ,
    had this car already recieved a warning in the previous 12 mths?

    No previous warnings on this car. The fines are from a few months before they changed the rules to allow a warning.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    edited 28 January 2017 at 12:04AM
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    SR06 wrote: »
    Looking for clarification before we send the acknowledge of service form back.

    As it was me that parked my mother's car in my bay and then moved it to the visitors spot, I put myself as the defendant on the claim form?
    NONONONONONO.

    And you are not filling out the paper claim form, THE DEFENDANT (Mum) is acknowledging Service on MCOL via the 'Govt Gateway' chronically useless website.
    Or is my mother still the defendant and we state that I was the driver in the defence?
    Even more ''no'' about naming you but Mum will be saying she 'was not the driver' so cannot be held liable due to Millenium not using POFA compliant NTKs (if you have checked the NTK against para 8 or 9 of Schedule 4 of course).

    Think about it - this is a court claim with a named defendant. Of course someone completely different can't randomly respond, what do you think will happen? The acknowledgement might go through but the defence would be likely struck out as easily as pushing a feather over! Wrong person!

    Anyway do the AOS in Mum's name (NO DEFENCE WORDS) then come back and show us the draft defence based on the shedloads of others you will find all over the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 58,250 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 9 February 2017 at 5:00PM
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    Why has the driver been identified in point 2 of your post? :eek: You cannot use POFA as a defence if you do that! This negates immediately point 6 a).
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    2. The registered keeper was not the driver on both dates that the PCNs were given. The driver was my son and was parking the car in his own bay that comes with the flat that he rents. The car was moved to the visitors spot only after being harassed for parking in his own bay.
    This is OK, she doesn't name you so that's fine.
    Has the claimant failed to comply with the strict provisions of POFA 2012?
    Accuse them of failure then it's their burden to prove.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 58,250 Forumite
    Name Dropper Photogenic First Anniversary First Post
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    SR06 wrote: »
    Good spot, I will change that!

    If we don't state who the driver was, how can we use the fact that The Driver was parking in The Keeper's own bay as part of a defence?

    Has the claimant failed to comply with the strict provisions of POFA 2012? In that case would I keep 2. and remove 6.?

    You now need to amend the post I have just corrected, as well as the one I have already mentioned.

    The Driver parked in the Keeper's bay with the Keeper's permission in accordance with the terms of the Keeper's lease/AST, or similar wording.

    Do NOT reveal the driver's identity. The POFA is one of the strongest appeal points there is, but not as strong as own bay. However, use as many appeal points as available to beat the scammers.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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