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  • FIRST POST
    • Alfie100
    • By Alfie100 20th Jan 17, 2:16 PM
    • 21Posts
    • 2Thanks
    Alfie100
    Court claim - AM Parking via Gladstones
    • #1
    • 20th Jan 17, 2:16 PM
    Court claim - AM Parking via Gladstones 20th Jan 17 at 2:16 PM
    I have put this on the legal beagles forums but as yet have not received a response and need help, I acknowledged service online and that I would be defending the claim in full just do not know how to write it on the defence forms.

    I have received a court claim from AM Parking Services claiming £217.83 stating the driver of vehicle reg number incurred the parking charges on 19.09.15 for breaching the terms of parking at the address.

    The address is a block of flats where I was the tenant with a valid parking permit. I was given the permit the day I signed the tenancy with no holder provided and I can only guess that it wasn't displayed on the windscreen at the time due to moving from its place on the dashboard, the car was a convertible so is a possibility, I say guess as no ticket was left on the screen.

    No notice to keeper was received.

    The first I knew of this alleged contravention was when I received a letter from a solicitor in August 2016 demanding payment of I think £120 but with no evidence supplied.

    I responded as I had a legal right to be parked there, rent was extortionate and included the parking bay, I said sorry this is the first I know of any contravention that I was the tenant with a valid permit and enclosed a photocopy of the permit and I hope this puts an end to it.

    I have since moved house, and heard no more until a few days ago when I received the claim form.

    I hope that what I have written is a valid defence against their claim.

    Can anyone help? Thank you
Page 1
    • The Deep
    • By The Deep 20th Jan 17, 2:41 PM
    • 7,007 Posts
    • 6,079 Thanks
    The Deep
    • #2
    • 20th Jan 17, 2:41 PM
    • #2
    • 20th Jan 17, 2:41 PM
    PPCs have recently been losing these "own space" cases hand over fist. If they have obtained your details from the DVLA without due cause you can possible claim £250- £750 from them.

    Read some of these

    http://forums.moneysavingexpert.com/showthread.php?t=5574492

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

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

    http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

    http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

    http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

    http://forums.moneysavingexpert.com/showthread.php?p=71954785#post71954785
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 20th Jan 17, 4:04 PM
    • 50,131 Posts
    • 63,500 Thanks
    Coupon-mad
    • #3
    • 20th Jan 17, 4:04 PM
    • #3
    • 20th Jan 17, 4:04 PM
    I have since moved house, and heard no more until a few days ago when I received the claim form.

    I hope that what I have written is a valid defence against their claim.
    Same advice as here:

    http://forums.moneysavingexpert.com/showthread.php?t=5589029

    Come back when you have done your reading and have done the AOS online via MCOL.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • DoaM
    • By DoaM 20th Jan 17, 4:20 PM
    • 3,203 Posts
    • 3,242 Thanks
    DoaM
    • #4
    • 20th Jan 17, 4:20 PM
    • #4
    • 20th Jan 17, 4:20 PM
    Just in case it's not clear ... when you acknowledge service, DO NOT enter any defence at that point. (If you do then you can't add any defence points later in your witness statement).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Alfie100
    • By Alfie100 20th Jan 17, 4:26 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    • #5
    • 20th Jan 17, 4:26 PM
    • #5
    • 20th Jan 17, 4:26 PM
    Have already done the AOS online.

    Looks like its time to do some reading!

    Thank you for the links and replies
    • Alfie100
    • By Alfie100 6th Feb 17, 8:10 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    • #6
    • 6th Feb 17, 8:10 PM
    • #6
    • 6th Feb 17, 8:10 PM
    Am confused, acknowledged service on the MCOL website, did not write any defence.

    I have tried to log on today and it says either the password or claim number are wrong but they aren't!!

    How do I get around this?? Thanks
    • twhitehousescat
    • By twhitehousescat 6th Feb 17, 8:13 PM
    • 767 Posts
    • 910 Thanks
    twhitehousescat
    • #7
    • 6th Feb 17, 8:13 PM
    • #7
    • 6th Feb 17, 8:13 PM
    ring them in the morning
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Alfie100
    • By Alfie100 6th Feb 17, 8:15 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    • #8
    • 6th Feb 17, 8:15 PM
    • #8
    • 6th Feb 17, 8:15 PM
    Thank you just can't understand why I can't log on. Claim is dated 11th Jan so am well within the time scale
    • Alfie100
    • By Alfie100 6th Feb 17, 11:26 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    • #9
    • 6th Feb 17, 11:26 PM
    • #9
    • 6th Feb 17, 11:26 PM
    Haven't had the chance to go back and photograph signage as I don't have a car and google maps only show the building site.
    There is nothing on my tenancy relating to the parking space at all, I didn't sign for the permit it was just a coloured piece of paper with a number that bore no relevance to the space or flat number.
    I did not sign for the credit card thing I had to use to access the car park in the first place as they had shutters on it.
    Have no idea what to write as my defence totally clueless feel like giving up and paying.
    • twhitehousescat
    • By twhitehousescat 6th Feb 17, 11:31 PM
    • 767 Posts
    • 910 Thanks
    twhitehousescat
    Thank you just can't understand why I can't log on. Claim is dated 11th Jan so am well within the time scale
    Originally posted by Alfie100

    how many days ago is this?


    Have already done the AOS online.

    have they recieved it?

    "2. You should now Acknowledge Service of the claim, ticking the box that says you will defend in full. Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop. "


    did you?
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Coupon-mad
    • By Coupon-mad 7th Feb 17, 12:23 AM
    • 50,131 Posts
    • 63,500 Thanks
    Coupon-mad
    The code you need isn't the password on the claim form now, I believe it's the Government Gateway Password or ID generated when you registered. If you didn't make a note of it this stops you logging back in.

    Your defence can be emailed anyway, so never mind, forget MCOL which is not the best way to submit a defence:

    ccbcaq@hmcts.gsi.gov.uk

    Best set out in 1.5 line spaced Times New Roman font, as a word document, as per bargepole's advice in the NEWBIES FAQS thread about how to set out a defence (under the heading 'Small Claim?').

    Haven't had the chance to go back and photograph signage as I don't have a car and google maps only show the building site. There is nothing on my tenancy relating to the parking space at all, I didn't sign for the permit it was just a coloured piece of paper with a number that bore no relevance to the space or flat number. I did not sign for the credit card thing I had to use to access the car park in the first place as they had shutters on it. Have no idea what to write as my defence totally clueless feel like giving up and paying.
    Come back to this tomorrow, sit down and search 'Gladstones Jopson defence' and read all the other ones you can crib from, about residential spaces v Gladstones. Easy. you can do this, others have. No-one has lost v Gladstones here.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Alfie100
    • By Alfie100 13th Feb 17, 5:58 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    Thank you, sorry to have sounded so defeatist, am a female and husband has recently had mental health issues, I am trying to learn a new job and I just felt like giving up!

    Will read the case you have suggested as am running out of time now. I did get back into the MCOL website it was me being dumb!!
    • Coupon-mad
    • By Coupon-mad 13th Feb 17, 11:30 PM
    • 50,131 Posts
    • 63,500 Thanks
    Coupon-mad
    I am female too but can see why you have a lot on your plate.

    Look, here is a case where a person has just worked on a witness statement to overturn a CCJ, this is relevant because it's a residential defence mentioning the Jopson case:

    http://forums.moneysavingexpert.com/showthread.php?t=5598971

    You could copy some of his post #17 and would be most of the way to having done your defence. Show us, you can do this! In fact the defence is best NOT put in on MCOL, best emailed and posted.

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Alfie100
    • By Alfie100 7th Jul 17, 2:29 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    Today I received their witness statements and to be totally honest I feel like giving up.

    They have ripped my defence to shreds, have contacted the freeholder and have a signed statement from there. Photographs of my car all round including the inside except for the passenger floor which is probably where the permit was.

    I thank you for all your help but am now resigning myself to paying it.
    • Umkomaas
    • By Umkomaas 7th Jul 17, 2:38 PM
    • 14,601 Posts
    • 22,964 Thanks
    Umkomaas
    Whaaaat? Paying a fine for parking in a parking space that you are (were) paying rent for?

    How about posting up your defence and their 'ripping it apart' WS. You've been away from the forum for 5 months. Have you had any expert help in developing your defence?

    Have you got a court date yet?

    How much are they presently pursuing you for?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Alfie100
    • By Alfie100 7th Jul 17, 3:13 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    No one helped me with my defence and have been away as the court date was only sent to me in May and is set for 25th July. They are looking for just under £300. I feel that paying it rather than losing and losing a days pay is the cheaper option.

    Will elaberate a little on my first post. I lived as a tenant at the building. On signing the tenancy I was handed a credit card type of key to access the car park (there were spaces on the outside of the building accessable to everyone and underground where you needed the key mine was underground) and a permit with no holder.

    I attached the permit to the windscreen with sellotape but over time it came off so kept reattaching it but as the car was a convertible it wasnt a great solution! I can only think it fell off yet again (as it had done on many occasions) and I had failed to notice.

    The photos show the front, back and sides of my car including a photo of the inside but the drivers side only and I can only think the permit was in the passenger footwell.

    I lived at the property from November 14 to April 16 and this is the only ticket they are pursuing. They have photos of the ticket attached to my windscreen but it was not on the car as have never had a ticket attached to my car. I never received a notice to keeper and there isnt a copy in their witness statements. They have also stated they will not be attending court but via these witness statements only. They have included a copy of the original ticket (which i never received), photos, a A4 print off of one of the signs not a photo of an acutal sign, copies of letters Gladstones sent I only received one and basically said I was a tenant for that amount of time I knew the rules and should have known better!

    Gladstones sent a demand for payment which I replied to enclosing a copy of the permit and heard nothing more until the court claim landed.
    • waamo
    • By waamo 7th Jul 17, 3:17 PM
    • 2,018 Posts
    • 2,437 Thanks
    waamo
    What does the agreement you signed say about the need for a permit? Your rental agreement trumps any made up rules they put in place. Courts have repeatedly thrown these cases out as the rental agreements make no mention of the need for a permit.
    This space for hire.
    • Alfie100
    • By Alfie100 7th Jul 17, 3:27 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    Hi Waamo

    Thanks for your reply, my tenancy does not include anything about the parking bay at all it is not mentioned anywhere and I have read all 15 pages of it.
    • waamo
    • By waamo 7th Jul 17, 3:31 PM
    • 2,018 Posts
    • 2,437 Thanks
    waamo
    Have you signed anything that says you need a permit? It would be useful to see a picture of the signs too.

    Given Gladstones appear to be rather lacking in the paperwork they have sent you may have a much better case than you think. Often the wording on the signs is complete rubbish so as I said seeing that would help.
    This space for hire.
    • Alfie100
    • By Alfie100 7th Jul 17, 3:38 PM
    • 21 Posts
    • 2 Thanks
    Alfie100
    I am at work at the moment but can send you a copy of what they have sent me when I return home. Its black and white and looks like the original artwork just printed on an A4 piece of paper.

    No I never signed anything for the permit or credit card type thing. As not having to sign for permit etc wasnt included in my original defence is it not now to late to include this?
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