Independent Appeal Service Declined

The_Deep

Some more reading

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

https://bmpa.zendesk.com/hc/en-us/articles/213077149-Milton-Keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute

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/tenancy-agreement-not-overruled-by.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/smart-parking-settle-out-of-court-for.html

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

ralphicous

Coupon-mad wrote: »

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:


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.

I am sorry coupon_mad but before I had even discovered this forum, I had already told them the driver was my friend because I was too naive regarding PCNs back then. I simply went to the PPC to appeal and had told them the truth about the parking space. On hindsight I should not have named the driver if only I knew that they would not budge one bit.

But I'm not budging either, I figured that I am quite late to reply to Gladstones because they sent the letter back on the 19th December. Because we are expecting our first child, my time had been much more needed in caring for my wife, frequent trips to the midwife, hospital appointments and working so frankly I do not have the time or stamina anymore... I will just have to see what they do from now.

So with this I am certain that they will proceed on taking me to court. I will just have to base my defense on the fact that I cannot see the need to present a parking permit on my lease terms.

Wish me luck, I will update everyone after all of this is done.
Thanks!

ralphicous

Today's update; COUNTY COURT CLAIM RECEIVED

I have today received a county court claim form against Gladstone Solicitors Limited Court address; County Court Business centre , 4th Floor St Katharine's House 21-27 St Katharine's Street, Northampton, NN1 2LH.

They are asking for the following;

Amount Claimed: £152.86
Court Fee: £25.00
Legal representative's costs: £50.00
Total Amount: £227.86.

Their particulars of Claim did not necessarily match my appeals and communications with the PPC (parking and property management). They stated;

"The Driver of the vehicle registration ** ** *** incurred the parking charge(s) on 13/08/2016 for breaching the terms of parking on the land at (My address). The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle AND THE CLAIMANT CLAIMS £150 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £2.86 pursuant to s69 of the County Courts Act 1984 at 8£ pa, continuing to Judgement at £0.03 per day. " Signed by Jamie William Ashford (claimant's legal respresentative).

First off, they did not take into account that I was not the driver nor the keeper but the resident of the property that the PPC are supposedly "protecting". I have once again read through the terms of use for our flat and the parking space 31 and I could not see anything that there are instructions from the Land lord that we as leaseholders should present a permit to park on space 31.

I know I said that I would stick to the basis of the terms of lease but are there anything that I should look out for?

My plan is to respond to the claim online (moneyclaim.gov.uk) and start typing up my story.

I would highly appreciate your advice!

Thanks!

Timothea

ralphicous wrote: »

My plan is to respond to the claim online (moneyclaim.gov.uk) and start typing up my story.

Don't do this. You will need to submit a proper legal defence, not your story.

Read the NEWBIES sticky, especially the stuff about court procedures. Read the other examples that people have provided. Then read it all again.

You have 14 days to acknowledge the claim. You should do this online before you forget BUT LEAVE THE DEFENCE BOX EMPTY. This will give you another 14 days to prepare your defence, so 28 in total.

People on this forum will help you with your defence.

Timothea

When is the baby due?

Coupon-mad

My plan is to respond to the claim online (moneyclaim.gov.uk) and start typing up my story.

If you mean Acknowledge ONLY, yes.

Then draft a defence here first.

Did you send Gladstones what I told you to send, to tell them before the court claim that you are neither the keeper nor the driver?

Or are you saying the claim has come to your friend? Please explain who has this claim. Makes no sense that they sent a claim to you as you can't be held liable.

I am sorry coupon_mad but before I had even discovered this forum, I had already told them the driver was my friend because I was too naive regarding PCNs back then. I simply went to the PPC to appeal and had told them the truth about the parking space. On hindsight I should not have named the driver if only I knew that they would not budge one bit.

That is a GOOD thing - so they know you were not the driver. I guess you didn't give that person's postal address though?

But I'm not budging either, I figured that I am quite late to reply to Gladstones because they sent the letter back on the 19th December.

WRONG, LOOK WHERE THAT HAS GOT YOU... should have replied. Now it is harder for you!

ralphicous

Timothea wrote: »

Don't do this. You will need to submit a proper legal defence, not your story.

Read the NEWBIES sticky, especially the stuff about court procedures. Read the other examples that people have provided. Then read it all again.

You have 14 days to acknowledge the claim. You should do this online before you forget BUT LEAVE THE DEFENCE BOX EMPTY. This will give you another 14 days to prepare your defence, so 28 in total.

People on this forum will help you with your defence.

Thanks. I will acknowledge the claim but I will not write my story! I will read and re-read the Newbies section again.

ralphicous

Timothea wrote: »

When is the baby due?

29th March :j

DoaM

You've still not confirmed WHO has received the claim - YOU or your friend?

ralphicous

Coupon-mad wrote: »

If you mean Acknowledge ONLY, yes.

Then draft a defence here first.

Did you send Gladstones what I told you to send, to tell them before the court claim that you are neither the keeper nor the driver?

Or are you saying the claim has come to your friend? Please explain who has this claim. Makes no sense that they sent a claim to you as you can't be held liable.

That is a GOOD thing - so they know you were not the driver. I guess you didn't give that person's postal address though?

WRONG, LOOK WHERE THAT HAS GOT YOU... should have replied. Now it is harder for you!

Hi Coupon_mad,
-Yes I will only acknowledge the claim online and will draft a defence here first.

- Unfortunately due to the holiday posts being slow, I received the LBC on the 28th December which was dated on the 19th December so technically I did not have enough time to reply as we were away during the new years with family and only got back after the first week of Jan.

- I feel really embarrassed saying this but I have indeed provided my friends name and address back when I have initially appealed the PCN. But I had made it clear to them that they need to chase me for this PCN because I had authorised my friend to park on my space.

-Just to confirm that I was the one who received the Court claim and not my friend.

I feel so frustrated that I had not discovered this forum before I appealed initially. I wouldn't have been in this mess otherwise.