Independent Appeal Service Declined

ralphicous

Thanks for your reply!

I will get in touch with DVLA but I am 100% sure that Advantis is acting on behalf of Parking & Property Management.

Because I believe that I don't have any dispute with DVLA, am I right to just ignore Advantis' letters?

ralphicous

Sorry about this! but the letter was in fact a DVLA matter (mistake on my part) and had nothing to do with the private parking ticket I received in August.

It was only me being paranoid and thought that PPM had escalated the matter to a debt collector.

pappa_golf

have you have invoiced the parking co for effectively renting out your space , your friend seems to have a "Maintenance/Builder permit". , have you been paid for the use of your land yet?

might be worth asking for a copy of the contract you "must" have signed over this matter ?

ralphicous

Hope you all had a good festive break!!

Ok here's a real update relating to this PCN:

I have now received a Letter Before Claim from Gladstones Solicitors pertaining to the PCN my friend received from PPM who I authorised to park on my specific allocated parking space.

The amount outstanding is £150 and that;
"The debt s relate to parking charges (detailed above) for which you are liable. Full details of the charges have previously been provided to you within the Parking Charge Notices and/or Notice to Driver/Keeper that have been served upon you. The Claimant will rely on these documents int he forthcoming action against you.
We refer to you to the Practice Direction for Pre-Action Conduct under the Civil Procedure RUles and in particular paragraph 13-16 of the same which concerns the COurt's power to impose sanctions for any failure to comply.
We now require you to pay the full amount within 14 days. Alternatively, you shoudl provide an acknowledgement of receipt of this letter and a full written response within 14 days. Your response should provide your full account of the circumstances that have led to the charges being imposed and should include confirmation as to who the driver of the vehicle were at the time of each incident and a current address for services for each driver.

Unless a satisfactory response is provided, we are instructed to start proceedings against you without any further notice in order to recover the amounts due and costs associated with the recovery of them. The amount that is claimed may therefore increase in terms of costs and any interest that is recoverable"

I am not certain why they are asking me for my defence because all they need to do is to read my appeals that PPM had and IAS had rejected. As per James Couzens on this article, " My advice for any tenants who find themselves doing battle with a private parking firm is to read the terms of the lease that relate to parking and rights of way."

It is exhausting to be dealing with this type of nuisance especially that my time is devoted to caring for my wife who is also giving birth to our daughter in 3 months, not to mention work would it be recommendable that I contact a defence solicitor already?

As always I am greatful for your advice!

Many thanks!

Redx

the cost of employing any solicitor is not worth it , its not recoverable by you , plus the vast majority know nothing about this topic anyway and bad advice is worse than none at all !!

there are plenty of threads on here about GLADSTONES in this year of 2016 alone , suggest you read a few and acquaint yourself with how they go about things

at this stage you should tell them nothing at all

but you may wish to reply to the LBCCC denying any debt is owed, so look for those replies too , especially read all the advice by coupon mad in her replies to gladstones letters

and read this too

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

and read the JOPSON court case blog as well

another "own space" one here

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

plenty more if you look, such as

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

ralphicous

Redx wrote: »

the cost of employing any solicitor is not worth it , its not revoverable by you , plus the vast majority know nothing about this topic anyway and bad advice is worse than none at all !!

there are plenty of threads on here about GLADSTONES in this year of 2016 alone , suggest you read a few and acquaint yourself with how they go about things

at this stage you should tell them nothing at all

but you may wish to reply to the LBCCC denying any debt is owed, so look for those replies too , especially read all the advice by coupon mad in her replies to gladstones letters

and read this too

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

and read the JOPSON court case blog as well

another "own space" one here

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

plenty more if you look, such as

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

Thanks so much Redx!! I appreciate it!

yotmon

ralphicous wrote: »

The amount outstanding is £150 and that;
"The debt s relate to parking charges (detailed above) for which you are liable. Full details of the charges have previously been provided to you within the Parking Charge Notices and/or Notice to Driver/Keeper that have been served upon you. The Claimant will rely on these documents int he forthcoming action against you.

But were you actually served with a notice to driver/keeper - I thought that it was sent to your friend the 'keeper' ? I know that you ticked the wrong box when you appealed to the IAS, but Coupon Mad gave you some advice in relation to this. (See #30).

Lets just see how their client relies on these documents in any forthcoming action against you !

Coupon-mad

And see this overview about defending a residential car park PCN claim:

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

You said:

To summarise my point, I had purchased this flat along with the parking space where my friend got a pcn for parking on my designated parking space.

Remind me, were you NOT the driver and NOT the keeper of the car either? How come Gladstones are writing to you?

ralphicous

Coupon-mad wrote: »

And see this overview about defending a residential car park PCN claim:

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

You said:

Remind me, were you NOT the driver and NOT the keeper of the car either? How come Gladstones are writing to you?

Hi coupon_mad,
The reason is because I had told the PPC to chase me as I did not want this burden to be on my friend who came to visit us in our new flat.

Upon checking the title plan, deeds and lease agreement I cannot see anywhere that I had to present a parking permit to park on my designated space. I hope that this will help me through my defense with Gladstones since I have not responded to their LBC that they had sent last month.

Coupon-mad

I have now received a Letter Before Claim from Gladstones Solicitors pertaining to the PCN my friend received from PPM who I authorised to park on my specific allocated parking space.

The reason is because I had told the PPC to chase me as I did not want this burden to be on my friend who came to visit us in our new flat.

Upon checking the title plan, deeds and lease agreement I cannot see anywhere that I had to present a parking permit to park on my designated space. I hope that this will help me through my defence with Gladstones since I have not responded to their LBC that they had sent last month.

You are going to have to respond robustly and tell Gladstones:

- you are nether the keeper nor the driver

- you are only the resident, who wrote to effectively complain about the unfair PCN and the only method to do this was a fruitless 'appeal' imposed on people by the IPC, which is not fit for purpose in this case for a person who can't be liable.

- the driver will not be named

- you have no liability in law whatsoever

- if their client wishes to pursue it they will either have to:

(a) identify the driver

or

(b) send a Notice to the registered keeper, outside of the POFA deadline but this will not allow them to pursue the keeper anyway.

Tell them:

Upon checking the title plan, deeds and lease agreement I cannot see anywhere that a driver had to present a parking permit to park on my designated space and I was not that driver nor that keeper.

And tell them you intend to sue their client for misuse of data because you are not the liable party and are being harassed, when you have primacy of contract.