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  • FIRST POST
    • MrsG2711.
    • By MrsG2711. 14th Jul 17, 10:32 AM
    • 1Posts
    • 5Thanks
    MrsG2711.
    Claim form-county court business centre
    • #1
    • 14th Jul 17, 10:32 AM
    Claim form-county court business centre 14th Jul 17 at 10:32 AM
    I have received a claim letter via Gladstone solicitors on behalf of uk car park management.

    So far I have ignored all correspondence, I have done this as the pcn (invoice) was received in a residential car park where no revenue is being generated. Everyone I know who has received these invoices have ignored them but now I am unsure as to whether I should respond. I don't see how I can be fined if no revenue is being lost.

    I am thinking of just ignoring this letter too as this is simply a processing centre and their letters look like copies of an original

    Any advice welcome
Page 1
    • Quentin
    • By Quentin 14th Jul 17, 10:38 AM
    • 33,282 Posts
    • 17,211 Thanks
    Quentin
    • #2
    • 14th Jul 17, 10:38 AM
    • #2
    • 14th Jul 17, 10:38 AM
    Everyone is politely asked to read the newbies faq thread near the top of the forum before starting a new thread


    Read up now on how to deal with court claims


    If this claim is from the court DO NOT ignore it
    • Quentin
    • By Quentin 14th Jul 17, 11:01 AM
    • 33,282 Posts
    • 17,211 Thanks
    Quentin
    • #3
    • 14th Jul 17, 11:01 AM
    • #3
    • 14th Jul 17, 11:01 AM
    Is it from Northampton CC Business centre?


    If not, give us the full name and address who it is from
    • Quentin
    • By Quentin 14th Jul 17, 11:12 AM
    • 33,282 Posts
    • 17,211 Thanks
    Quentin
    • #4
    • 14th Jul 17, 11:12 AM
    • #4
    • 14th Jul 17, 11:12 AM
    That is a court claim. You must take action!


    Read up the newbies faq thread as #2
    • Coupon-mad
    • By Coupon-mad 14th Jul 17, 3:30 PM
    • 51,538 Posts
    • 65,145 Thanks
    Coupon-mad
    • #5
    • 14th Jul 17, 3:30 PM
    • #5
    • 14th Jul 17, 3:30 PM
    Thank you,
    It is not a court claim but from a processing centre who deal with admin only.
    Originally posted by Lisamrie
    It's a claim.

    For goodness sake read the NEWBIES thread post #2 and acknowledge it and learn how to defend and most likely, win and see it off for good.
    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.

    • MrsG2711
    • By MrsG2711 18th Jul 17, 6:50 PM
    • 30 Posts
    • 9 Thanks
    MrsG2711
    • #6
    • 18th Jul 17, 6:50 PM
    • #6
    • 18th Jul 17, 6:50 PM
    In regards to this, should I request a copy of the contract that CPM parking has with the Housing Trust who own the land where this ticket occurred. Apparently the car park is for emergency services only yet some people have parking rights in their tenancy agreement!

    I know there is an ongoing dispute with the residents and Housing as 'drop off and pick ups' should be allowed and covered in the contract with CPM parking.

    The stroppy woman in the housing office said 'WE won't be cancelling your ticket as parking is for private residents use, which contradicts it being for emergencies only and surely this is unfair. How can some residents have parking and others not?
    • MrsG2711
    • By MrsG2711 18th Jul 17, 6:55 PM
    • 30 Posts
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    MrsG2711
    • #7
    • 18th Jul 17, 6:55 PM
    • #7
    • 18th Jul 17, 6:55 PM
    ps. this was originally posted under lisamrie but for some reason i have had to start another account as i was unable to login to my previous on
    • waamo
    • By waamo 18th Jul 17, 7:05 PM
    • 2,099 Posts
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    waamo
    • #8
    • 18th Jul 17, 7:05 PM
    • #8
    • 18th Jul 17, 7:05 PM
    In a word yes. A copy of the contract may be illuminating. Also check what your lease says.

    Above all read the Newbies thread until it sinks in.
    This space for hire.
    • Redx
    • By Redx 18th Jul 17, 7:08 PM
    • 16,567 Posts
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    Redx
    • #9
    • 18th Jul 17, 7:08 PM
    • #9
    • 18th Jul 17, 7:08 PM
    this is definitely a court claim, the processing centre is where they all start life , so do not IGNORE it

    and yes , you can do a part 18 request for all sorts of info from the claimant , but the first thing you do is acknowledge online , then you have 28 actual days to draft up and submit a defence, so get these done asap , dont wait for info back from the claimant , as you might get nothing at all

    this is a live court claim, defend it

    read post #2 of the NEWBIES sticky thread

    than look at other recent court claim threads on here from this year ONLY

    get an idea of what they are doing and do the same

    and dig out your lease , check the wording , especially about parking (it may say nothing at all , or very little , so that is important too)

    ps:- you cannot be "fined" , these companies cannot "fine" anyone

    they can send out invoices for alleged contractual breaches

    and they can issue court claims for the same reasons
    Last edited by Redx; 18-07-2017 at 7:11 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • MrsG2711
    • By MrsG2711 18th Jul 17, 7:52 PM
    • 30 Posts
    • 9 Thanks
    MrsG2711
    Thankyou for you messages, I have sent an AoS online.

    I do not live in the place where the ticket was issued my niece does. The residents are in uproar as family and friends are getting fined even if they are 'dropping off'

    I shall request a copy of the contract and see if this is covered.
    • Redx
    • By Redx 18th Jul 17, 7:58 PM
    • 16,567 Posts
    • 20,721 Thanks
    Redx
    in that case you need a copy of her AST lease agreement , to see what rights visitors have about parking, if any

    and read the JOPSON case about "dropping off" , plus read the relevant Code Of Practice about GRACE PERIODS too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • MrsG2711
    • By MrsG2711 19th Jul 17, 5:58 PM
    • 30 Posts
    • 9 Thanks
    MrsG2711
    There is so much info on here, and i am new to this site but how do i find the Jopson case about dropping off. i tried searchig under username but nothing returned.
    • Coupon-mad
    • By Coupon-mad 19th Jul 17, 6:04 PM
    • 51,538 Posts
    • 65,145 Thanks
    Coupon-mad
    Not under username. Miss Jopson wasn't a poster here, she was a defendant in the news. We have threads about it.

    Search this board for 'Jopson Charles Harris QC' or Google 'Jopson Parking Prankster Charles Harris QC'.
    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.

    • Quentin
    • By Quentin 19th Jul 17, 6:05 PM
    • 33,282 Posts
    • 17,211 Thanks
    Quentin
    Google jopson v homeguard or enter it into the forum Search
    • MrsG2711
    • By MrsG2711 28th Jul 17, 4:16 PM
    • 30 Posts
    • 9 Thanks
    MrsG2711
    Tenancy agreement
    I have got the tenancy agreement from the resident and it reads something like this. Parking is permitted in allocated bays please ensure visitors do not block emergency entrance/exits. This was issued in 2010 but I believe later tenancy agreements do not permit any parking. There are no painted bays just spaces, of which nothing is mentioned in the agreement as to where you should park.


    The parking company has also since changed their signage, I do not remember the previous words. They are now part of IAS not BPA.


    The date of the claim was 11th Jul. do I put my defence after 28 days or 28 days plus 5??


    many thanks
    • waamo
    • By waamo 28th Jul 17, 5:21 PM
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    waamo
    So the written agreement says you can park and doesn't mention permits?

    Boy have the ppc got a tough time with this then.
    This space for hire.
    • The Deep
    • By The Deep 28th Jul 17, 5:38 PM
    • 7,382 Posts
    • 6,425 Thanks
    The Deep
    There is so much info on here, and i am new to this site but how do i find the Jopson case about dropping off. i tried searchig under username but nothing returned.
    Originally posted by lisamarie2711
    You simply google "Jopson parking"

    If you need to ask simple questions like this you need to raise your game several notches. People here will not mollycoddle you, you are expected to do the legwork yourself.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 28th Jul 17, 6:43 PM
    • 51,538 Posts
    • 65,145 Thanks
    Coupon-mad
    The Deep, believe me I am doing the leg work but each case is similar but different, and these parking companies are slimy buggars. I am not the tenant I was a visitor, but as I see it I entered the car park under the terms of her tenancy agreement. Am I correct in assuming this?
    Originally posted by Lisamrie
    Yes, your case is somewhat like infernouk's one. Read that thread.

    Have you also seen the useful threads by Daniel san and hairray?

    'A grantor cannot derogate from his grant' - the resident is granted parking rights if their 2010 says so and these cannot be removed or varied, certainly not by an interfering third party bunch of ex-clampers who have more recently rocked up, after a fast buck by bleeding residents dry, with no due diligence or checking which residents have primacy of contract giving them a right to park already.

    They can't offer you anything of value, because the resident already offered the parking to you that day.

    The resident should be your witness at the hearing to confirm this and the fact you were parking under their authority which pre-dates these third party parking firm of chancers.
    Last edited by Coupon-mad; 28-07-2017 at 6:45 PM.
    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.

    • The Deep
    • By The Deep 28th Jul 17, 7:22 PM
    • 7,382 Posts
    • 6,425 Thanks
    The Deep
    as I see it I entered the car park under the terms of her tencny agreement. Am I correct in assuming this?

    That would depend on where you parked. If you trespassed in someone else's space then no. It would also to some extent depend on what your aunt's lease/AST says about parking. Residents have a contractual right to "quiet enjoyment" If PPCs seek to dilute that right they may come a cropper.

    What does the lease/AST say specifically about parking and where did you park?
    You never know how far you can go until you go too far.
    • MrsG2711
    • By MrsG2711 29th Jul 17, 11:54 AM
    • 30 Posts
    • 9 Thanks
    MrsG2711
    lease-parking
    The exact words are:
    Parking: You must make sure that other members of your household or visitors only park vehicles in the parking areas. You must not park where vehicles could block emergency access or exit points, or where they could cause inconvenience, nuisance or a potential danger.

    There are no actual painted bays neither is it specified that your park in certain areas, they may try saying I was not in a bay, but to me a bay is marked with painted lines.
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