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  • FIRST POST
    • CurtisJames
    • By CurtisJames 7th Sep 17, 6:52 PM
    • 7Posts
    • 1Thanks
    CurtisJames
    I Need Help! Private Parking Solutions Ticket County court Claim
    • #1
    • 7th Sep 17, 6:52 PM
    I Need Help! Private Parking Solutions Ticket County court Claim 7th Sep 17 at 6:52 PM
    Hello there,
    First time posting on here but i have tried to get some tips/advice from this site before in regards to this issue i could really use some help.

    So on the 7ths of June 2016 i came out of gym to find a ticket on my car from Private Parking Solutions. On this day i came round to the back entrance and was buzzed in by the gym owner. i parked next to a gym parking space which has no signage and no bay lines on the floor what so ever!! I Ignored the ticket because i as well as loads of other people park there all the time, i pay my gym membership and should be able to park but other people from the business center and church take all the spaces.

    But anyway i started received letters in the post each month, first it started with PPS (Private parking solutions) they sent me 2 letters one saying i am being charged £65 which i ignored, the other saying have to pay £100 which was on 08/08/2016 i proceeded to ignore. Then DRP (Debt recovery plus) started sending me letter the first one was on 19/09/2016 Telling me 'how i could pay the now £160 Parking Charge'... i still ignored it i got another letter on the 4/10/2016 'Notice of intended court action £160' i which i rang up and told Them Im refusing to pay and im not legitimizing this ticket in anyway the person i was talking to said hes only here to take payments and cant do anything.

    Then on the 12/10/2016 i got another letter from DRP saying 'The time to to challenge the charge has now expired'.. i just thought my efforts of phoning had not worked. Next letter from DRP came on the 27/10/2016 Saying 'Reduced payment offer to £136.00 to avoid court action' i continued to ignore.. A month and a bit went by and i got a letter from (Zenith collections) on 05/12/2016 the letter stated 'we would urge you to act now to take advantage of our discounted settlement offer of £80' and that i must pay within 14 days or it will go back to £160. by this point i thought this is some kind of scam sending 3 different company's after me upping and lowering prices like you would do in a retail supermarket, Again i Ignored this letter and i didn't hear anything for about 5 months and thought they had giving up.

    But on 12/05/2017 DRP sent me a 'Letter before referral for legal action' for a charge of £160. so 5 months had gone past without a peep from anyone and it had been over a year now since i actually got the parking ticket it then all started again! sometime after i got a letter from Gladstones Solicitors which is not dated but said 'we have been instructed by PPS (Private Parking Solutions) in relation to the £160 debt. i again ignored this letter as i did all the rest because i thought it was just another letter to scare me into paying.

    I got another letter on the 03/8/2017 from Gladstones titled 'Letter before Claim' intending i pay the full amount in 14 days i searched around for some advice on the web and I got a well written template from another post from this site which was similar to mine, printed it and sent it to them at there address and got no Reply or acknowledgement. but today i came home to find a dreaded brown envelope saying 'Claim form' the county court business centre in Northampton. PPS are claiming using Gladestones solicitors for the amount of 249.85.

    At this point i don't have a clue what to do i need some help!

    Bare in mind i have kept almost all the letters they have sent me and not one of the letters i have provides any photographic evidence or proof.

    Regards
    Curtis James
    Last edited by CurtisJames; 07-09-2017 at 7:20 PM. Reason: Reading newbie post #2 and Added paragraphs sorry
Page 1
    • Redx
    • By Redx 7th Sep 17, 6:56 PM
    • 16,567 Posts
    • 20,719 Thanks
    Redx
    • #2
    • 7th Sep 17, 6:56 PM
    • #2
    • 7th Sep 17, 6:56 PM
    please edit the above into readable paragraphs

    and please read post #2 of the NEWBIES FAQ sticky thread at the top of this forum
    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
    • Coupon-mad
    • By Coupon-mad 7th Sep 17, 6:59 PM
    • 51,537 Posts
    • 65,144 Thanks
    Coupon-mad
    • #3
    • 7th Sep 17, 6:59 PM
    • #3
    • 7th Sep 17, 6:59 PM
    At this point i don't have a clue what to do i need some help
    ...after you read post #2 of 'NEWBIES PLEASE READ THESE FAQS FIRST' yes, we will help!
    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.

    • CurtisJames
    • By CurtisJames 7th Sep 17, 8:00 PM
    • 7 Posts
    • 1 Thanks
    CurtisJames
    • #4
    • 7th Sep 17, 8:00 PM
    • #4
    • 7th Sep 17, 8:00 PM
    please edit the above into readable paragraphs

    and please read post #2 of the NEWBIES FAQ sticky thread at the top of this forum
    Originally posted by Redx
    Thanks i have had a read through that post and completed the first step in fighting back i need to put together a good defense now
    • Lamilad
    • By Lamilad 7th Sep 17, 9:24 PM
    • 1,178 Posts
    • 2,340 Thanks
    Lamilad
    • #5
    • 7th Sep 17, 9:24 PM
    • #5
    • 7th Sep 17, 9:24 PM
    and completed the first step in fighting back
    I trust that means you have completed the acknowledgement of service?

    Read a few good defences and use them to build your own. We will advise further from there.

    i parked next to a gym parking space which has no signage
    This alone is, potentially, a winning point so your defence should focus heavily on the fact that the signage id woeful/non existent and no contract has been formed.
    • CurtisJames
    • By CurtisJames 11th Sep 17, 7:19 PM
    • 7 Posts
    • 1 Thanks
    CurtisJames
    • #6
    • 11th Sep 17, 7:19 PM
    • #6
    • 11th Sep 17, 7:19 PM
    This alone is, potentially, a winning point so your defence should focus heavily on the fact that the signage id woeful/non existent and no contract has been formed.
    Originally posted by Lamilad
    I have included this into my draft but can anyone give me anymore useful information on anything else i can add to my defense and how i can word it professionally

    i was thinking about adding the harassment letters i have had from debt collecting agency's ?
    • CurtisJames
    • By CurtisJames 11th Sep 17, 7:38 PM
    • 7 Posts
    • 1 Thanks
    CurtisJames
    • #7
    • 11th Sep 17, 7:38 PM
    • #7
    • 11th Sep 17, 7:38 PM
    Should i put in my draft that they haven't provided any evidence to support there claims ? i.g Photos
    • KeithP
    • By KeithP 11th Sep 17, 7:44 PM
    • 4,503 Posts
    • 2,826 Thanks
    KeithP
    • #8
    • 11th Sep 17, 7:44 PM
    • #8
    • 11th Sep 17, 7:44 PM
    There are lots of example defences linked from post#2 of the Newbies thread.

    Can you not nix and match from those?
    .
    • CurtisJames
    • By CurtisJames 11th Sep 17, 8:04 PM
    • 7 Posts
    • 1 Thanks
    CurtisJames
    • #9
    • 11th Sep 17, 8:04 PM
    • #9
    • 11th Sep 17, 8:04 PM
    There are lots of example defences linked from post#2 of the Newbies thread.

    Can you not nix and match from those?
    Originally posted by KeithP
    Thanks and i have looked through quite abit to find ones which are similar to my case, if you have a link of one you think may help please link it here for me to have a read

    here is what i have so far

    (Draft)
    I deny I am liable for the claim for each of the following!
    reasons:
    The facility in which my car was parked is not accessible to the!
    public, to get into this facility you have to be buzzed in and!
    authorized by someone who has a unit on the premises which i did,!
    i contacted the staff at my gym which observe me via camera and!
    allowed me to enter the facility to park my vehicle.

    I pay a monthly charge of £40 to Bodywork's Gym to use their!
    facilities and, in particular, to be able to park my vehicle.
    I!continued to pay this monthly charge for parking and at the date!
    of the alleged parking infringement was up to date and payed for.

    Private parking solutions LTD Claim that my Vehicle was parked in!
    a 'No Parking Area' Yet there is no Signage to justify these!
    claims, however there is signage that indicates (GYM ONLY)which i!
    find confusing. Therefore the terms were not made clear, there are!
    no road markings or signs to indicate such a claim

    I have also Recieved dozens of letters from multiple different!
    Debt collectors agency's threatening court action and increased!
    charges. This in my view is an offence under Section 40(1)(a) of!
    The Administration of Justice Act 1970. The reason is that this is!
    not a debt until a court issues a judgement against myself and!
    until a court does so Private Parking Solutions cant enforce!it.
    • nosferatu1001
    • By nosferatu1001 12th Sep 17, 11:41 AM
    • 865 Posts
    • 973 Thanks
    nosferatu1001
    Authorised
    No "z".

    same as it is defenCe, not defenSe. UK spell checker needed!

    A defence is a series of legal arguments why you are not liable. they relate to signage, already being authorised to park due to xyz reasons, etc. If you look at other defences you will know this already.

    any reason you are identifying the driver? Usually we advise that the keeper defends.
    • CurtisJames
    • By CurtisJames 12th Sep 17, 10:11 PM
    • 7 Posts
    • 1 Thanks
    CurtisJames
    any reason you are identifying the driver? Usually we advise that the keeper defends.
    Originally posted by nosferatu1001
    Thanks i missed that. as to the spelling the computer i am using only has wordpad BUT before submitting my statement i will have it checked

    I have made a few changes and added more information here is what i have today but im still not happy with it, If you have anymore advice please share it with me

    2nd Draft Defence

    It is denied that i owe any debt to the claimant or that any debt is in fact owed or that any debt exists or could ever exist or has ever existed. That in any event the claimant has failed to comply with the requirements of the Civil Procedure Rules and that their claim is both unfounded and vexatious.

    1. The facility in which my car was parked is not accessible to the public, The car park has a security gate which can be opened only by authorised personnel, i.e someone who has a unit on the premises. I contacted the staff at my gym via intercom and they observed me on camera and authorised me to enter the facility and park my vehicle.

    2. My vehicle was not parked on any yellow lines or footpaths and was not obstructing anything, you do not need a permit or ticket or pay and display of any kind to park so i can not understand why the claimant thinks i am liable for any kind of charge.

    3. The reason for this parking company's presence on this gated site can only be for the sole purpose of deterring parking by uninvited persons, for the benefit of drivers authorised by the leaseholder businesses. Instead, contrary to various consumer laws, this Claimant carries out a predatory operation on those very people whose interests they are purportedly there to uphold.

    4. I pay a monthly charge of £40 to Bodywork's Gym to use their facilities and, in particular, to be able to park my vehicle. I continued to pay this monthly charge for parking and at the date of the alleged parking infringement was up to date and payed. i have been using this same facility for over 5 years now and have never had a problem with parking in that exact space.

    5. Private parking solutions LTD Claim that my Vehicle was parked in a 'No Parking Area' Yet there is no Signage to justify these claims, however there is signage that indicates (GYM ONLY) which i find confusing. There are no road markings what so ever or was there signage to indicate such a claim. Therefore the terms were not made clear.

    6. Section 18.3 of the BPA Code of Practice which gives clear instructions as to the placing, visibility and clarity of any signs that are used to form contracts. It says: 18.3 You must place signs containing the specific parking terms throughout the site.

    7. It is denied that the signs used by Private parking Solutions can have created a fair or transparent contract with myself in any event. The signs were insufficient in terms of their distribution, wording and lighting hence incapable of binding the me to there contract, which distinguishes this case from the Beavis case:

    8. The signs are believed to have no mention of any debt collection additional charge, which cannot form part of any alleged contract. I have received dozens of letters from multiple different Debt collectors agency's threatening court action and increased charges. This in my view is an offence under Section 40(1)(a) of The Administration of Justice Act 1970. The reason is that this is not a debt until a court issues a judgement against myself and until a court does so the Private Parking Solutions cant enforce it.

    9. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. I believe the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.

    10. The charge the claimant levying is an unfair term (and therefore not binding) pursuant to the Unfair Terms in Consumer Contracts Regulations 1999.
    • KeithP
    • By KeithP 12th Sep 17, 10:18 PM
    • 4,503 Posts
    • 2,826 Thanks
    KeithP
    The Unfair Terms in Consumer Contracts Regulations 1999, were replaced on 01 October 2015 by The Consumer Rights Act 2015.
    .
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