Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Elipsis
    • By Elipsis 9th Jun 17, 6:44 PM
    • 8Posts
    • 1Thanks
    Elipsis
    PCM taking me to court for parking in my own space?
    • #1
    • 9th Jun 17, 6:44 PM
    PCM taking me to court for parking in my own space? 9th Jun 17 at 6:44 PM
    Hi,

    I've tried reading the stickies and my head is just a blur (I blame the pregnancy hormones) and so I was wondering if someone could give me some advice on this.

    Basically, in November I was parked in my own spot and got a PCN from PCM. My parking permit had fallen onto the floor from my dashboard and I hadn't realised. However, since my lease contract states that I have right to park in that and does not mention anything about needing a parking permit, I was advised to ignore. Not sure if these was wise rather than to appeal, but I've appealed before for the same thing at my previous residence and been rejected, so I thought it was pointless. I ignored everything that came through. Then last week I got a letter from some solicitors saying that I had 7 days to pay or they "may" take me to court. However, I was on holiday and therefore only got this through today, the same time as the final demand from the solicitors stating that I have 7 days to pay and the client has instructed them to issue court proceedings. However, this has also expired.

    The letter says if I don't pay I will get a CCJ, however I have some questions about this:

    1) If they do issue court proceedings, do they not have to tell me the date so I can go argue my case?
    2) Is a CCJ not only issued if I don't pay the court's sum - they can't give me a CCJ for not paying a PCN?
    3) Have they even got a case? I mean £100 for parking in my own space (which has obviously now gone up) is ridiculous. I have got a parking permit, it had just fallen down. Could I realistically get a cease and desist order against them?
Page 1
    • Elipsis
    • By Elipsis 9th Jun 17, 7:51 PM
    • 8 Posts
    • 1 Thanks
    Elipsis
    • #2
    • 9th Jun 17, 7:51 PM
    • #2
    • 9th Jun 17, 7:51 PM
    I should add as well, the PCN's did not give me any address or website which I could send an appeal to nor did it give me any evidence.
    • Coupon-mad
    • By Coupon-mad 9th Jun 17, 7:51 PM
    • 48,804 Posts
    • 62,302 Thanks
    Coupon-mad
    • #3
    • 9th Jun 17, 7:51 PM
    • #3
    • 9th Jun 17, 7:51 PM
    Same as all the other residential cases. They will try a small claim and you will likely win. You can't appeal now but we see these all the time, stick around and start searching the forum. We have loads of cases like this every week.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Elipsis
    • By Elipsis 9th Jun 17, 8:05 PM
    • 8 Posts
    • 1 Thanks
    Elipsis
    • #4
    • 9th Jun 17, 8:05 PM
    • #4
    • 9th Jun 17, 8:05 PM
    Do you think it's worth sending an email to the solicitors explaining that they gave me no form of appealing (only a hotline to pay) and that as a resident of the property my contract overrides any contract they may have with the management company?
    • Elipsis
    • By Elipsis 9th Jun 17, 8:06 PM
    • 8 Posts
    • 1 Thanks
    Elipsis
    • #5
    • 9th Jun 17, 8:06 PM
    • #5
    • 9th Jun 17, 8:06 PM
    I was mostly just afraid because reading some stuff online made it seem like because I'd ignored it, they automatically will win
    • Coupon-mad
    • By Coupon-mad 9th Jun 17, 8:10 PM
    • 48,804 Posts
    • 62,302 Thanks
    Coupon-mad
    • #6
    • 9th Jun 17, 8:10 PM
    • #6
    • 9th Jun 17, 8:10 PM
    Do you think it's worth sending an email to the solicitors explaining that they gave me no form of appealing (only a hotline to pay) and that as a resident of the property my contract overrides any contract they may have with the management company?
    Originally posted by Elipsis
    No. The solicitors are not reasonable. Search the forum for their name. Please do some homework on other threads. We win 99% of defended cases (could be 100% as I can't recall one that lost where we helped throughout).
    Nothing to worry about.

    What did you learn from the court section when you read the 'NEWBIES PLEASE READ THIS FIRST' thread at the top?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Fruitcake
    • By Fruitcake 9th Jun 17, 8:31 PM
    • 40,150 Posts
    • 80,236 Thanks
    Fruitcake
    • #7
    • 9th Jun 17, 8:31 PM
    • #7
    • 9th Jun 17, 8:31 PM
    We see more and more of these every day. The scammers and solicitors ignore anything and everything you say, but you have to go through the process in order to win.

    Your lease trumps any made up Ts and Cs the scammers may try to add. Your lease has primacy of contract and more and more of these cases are being thrown out by the judges, but they have to be defended to ensure they don't get a default judgement against you.

    Have a look here about some of the daft case the scammers have brought. You should respond to every letter you get from the scammer's solicitors, and rebut everything they say. Start by quoting the cases from the link below where judges have said a third party (parking scammers) cannot add Ts and Cs to an existing contract (your lease/AST) where you already have an unfettered right to park.

    Personally I would send the permit back telling the scammers you withdraw any implied right of access, you will not submit to any third party parking scheme, and any further tickets received in your demised space will be treated as trespass.

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
    Last edited by Fruitcake; 09-06-2017 at 8:34 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Elipsis
    • By Elipsis 9th Jun 17, 8:32 PM
    • 8 Posts
    • 1 Thanks
    Elipsis
    • #8
    • 9th Jun 17, 8:32 PM
    • #8
    • 9th Jun 17, 8:32 PM
    I learnt they rarely take to court. And out of 19043 tickets issued this year they have taken just 156 to court. Which does help to make me less stressed about the situation.

    If you believe that a letter to the solicitor won't help, I will sit back then and wait for the Claim Form to come through (if it comes through). And since they only gave me 7 days and that has now expired, I expect that through very soon if it were to come.
    • beamerguy
    • By beamerguy 9th Jun 17, 8:43 PM
    • 5,627 Posts
    • 7,262 Thanks
    beamerguy
    • #9
    • 9th Jun 17, 8:43 PM
    • #9
    • 9th Jun 17, 8:43 PM
    Who is the solicitor ???
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Elipsis
    • By Elipsis 9th Jun 17, 8:46 PM
    • 8 Posts
    • 1 Thanks
    Elipsis
    Gladstone Solicitors
    • beamerguy
    • By beamerguy 9th Jun 17, 9:05 PM
    • 5,627 Posts
    • 7,262 Thanks
    beamerguy
    Gladstone Solicitors
    Originally posted by Elipsis
    That figures ..... Gladstones are the most incompetent solicitors
    who we now see on a regular basis that they fail in court

    Judges do not like these scammers wasting the courts time especially with residential parking where you have a right to park.

    CCJ's only happen if you lose in court and do not pay.
    They are trying to scare you

    There is no point in contacting Gladstones, you will be talking to
    the brain dead so as said above .... just wait now and if a real claim comes from a court, normally Northampton, then come back here for all the help you need.

    In the meantime read up on these incompetent solicitors here
    http://parking-prankster.blogspot.co.uk/2017/

    In the search box at the top type in
    1: Gladstones
    2: Residential Parking.

    Have a good laugh especially what Gladstones get up to
    and Judges who whoop them
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 9th Jun 17, 9:44 PM
    • 13,963 Posts
    • 21,927 Thanks
    Umkomaas
    Just don't panic into rushing in and end up paying. You've got plenty of time to see what develops - and to do lots of reading so you have all your ducks in a row to defend a relatively easy case.

    You own/lease/rent your property with legal rights, with paperwork which far outstrips any third party rocking up and trying to change things to your detriment.
    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.
    • Coupon-mad
    • By Coupon-mad 9th Jun 17, 10:14 PM
    • 48,804 Posts
    • 62,302 Thanks
    Coupon-mad
    Gladstone Solicitors
    Originally posted by Elipsis
    Search this forum for 'Gladstones' and have a chuckle.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Half_way
    • By Half_way 10th Jun 17, 9:43 AM
    • 3,686 Posts
    • 5,222 Thanks
    Half_way
    Ask yourslef this:
    1: Why do you display a permit to park in your own space? would you also accept a permit to flush the lavatory after 10pm, with a clause stating failure to comply will result in a Pooing Charge Notice (PCN) of £80 reduced to £60 for early payment?
    2: what are the terms of your lease/rental/AST?

    With residential own space cases the management company's who take on these parasites should be kicked as hard as possible.
    You should consider a counter claim, or a separate claim against the management company and the parking company for a breach of the data protection act, as if your lease/rental is clear then they will have had no just cause to access and process your data
    read this : http://parking-prankster.blogspot.co.uk/2017/05/motorist-awarded-900-for-data.html
    You must go for the management company as well as they are more likely to pay up, and think twice about taking on a PPC again.

    Theres some posts by Loadss of Children ( i believe the Coupon mad may have the links) and some info put up by Lynzer on pepipoo here :

    Residential parking cases - courtesy of Lynzer on pepipoo http://www.thebridesmother.co.uk/Media/residential-parking.pdf
    Template letters/ideas, again thanks to Lynzer on pepipoo
    http://www.thebridesmother.co.uk/Media/Templates.pdf
    with templates do not use as is, try to understand them and modify to suit your needs, as ever post any response up on here
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

225Posts Today

1,189Users online

Martin's Twitter