VCS Parking Charges (3) - Resulted In County Court Claim Form

KimmyHrunt

Firstly, i have read the sticky posts and other posts on the forum, and i'm still not sure about my circumstances as all the other posts are related to retail parks or other types of carparks, hence the new thread. If this is wrong, please accept my apologies in advance.



Back in May i received 3 parking charge notices (on different days) for failing to display a valid parking permit in our residential parking spaces. Each time i was parked in our own designated, numbered parking space, to which i received these PCN's of £100 fine for each charge.

The parking space if somewhat on a seafront and the wind is terrible, i can only assume that the permit has blown off the dashboard when leaving the car as i've noticed it down the side of the seats etc (this does happy occasionally as i have noticed it since).

After research on the internet, i followed all advice to IGNORE the contact form VCS (i was also advised this from other residents, some of whom i have seen with their vehicles having 5-6 individual PCN's plastered across the vehicle).

I then received a Claim Form from COUNTY BUSINESS CENTRE advising the claim of over £300. I've only just received this as i've been working away and not actively had access to mail.


Firstly, are they actually in their rights to claim over £300 for me parking in MY OWN carpark space? There are signs floating around, none are illuminated by lights, and the one closest to my space if often facing the wrong way (out to sea).

Thanks for any help in advance.

K

Half_way

What does you're lease say about the parking space?
Why do you need to display a permit to park in your own space?

KimmyHrunt

Hi,

We have not signed anything in terms of the lease as the property is a friend of a friends, although there are signs dotted around saying a valid permit must be displayed at all times.

I think the idea is that if you park there, you are agreeing to the 'contract' and terms, although there is no option as its city-located, so there are no other alternatives to park in either.

I just think its astounding that if the parking permit was to be lost for example, i would have nowhere to park my car....even though i have a dedicated space and not impacting anyone else's ability to park.

I'm really unsure about all this, i've read so many different things.

The_Slithy_Tove

KimmyHrunt wrote: »

We have not signed anything in terms of the lease as the property is a friend of a friends, although there are signs dotted around saying a valid permit must be displayed at all times.

Signs "dotted around" don't allow anyone to subvert a right you may have under the lease. Therefore you MUST get hold of it and find out EXACTLY what it says about parking. This is not an option, as it will be core to your defence.

KimmyHrunt wrote: »

I think the idea is that if you park there, you are agreeing to the 'contract' and terms, although there is no option as its city-located, so there are no other alternatives to park in either.

This isn't about "ideas" and "thinking". This is about legal arguments.

KimmyHrunt

I'll get a photo of the sign and post up.

I understand, i'm not very good with things like this, hence me comming here

KimmyHrunt

Here is a picture of the signs:

The W's.imageupload{dot co dot uk}/image/BTMi

(Sorry, i can't post links due to being a new member).


FYI - the agreement with the landlord of the property is via text (we know them).

Umkomaas

Your first and only priority at this stage is to acknowledge service of the court papers. Sign up online, confirm you will be defending this in full, do not challenge jurisdiction and leave the defence box absolutely blank, your defence will come later. You will get a further 14 days (after the first 14 days) to defend this.

What date is showing on the court papers? I'm concerned that if you've already missed the court deadline you're staring down the barrel of a default judgment in full against you.

System

http://www.imageupload.co.uk/image/BTMi

System

This will turn on the VCS contract and what pics they might have.

With a claim you need to acknowledge and then provide a defence. Acknowledge the claim today following the instructions below and then search for VCS defences in 2016 threads only

1. Log in to the claim, using the claim number at the top of the first page of the form, and the claim password supplied at the bottom.

2. Select the option 'Acknowledgement of Service' and fill in personal details

3. Tick the box which says 'I intend to defend all of this claim'. Do NOT put anything in the 'Defence' text box.

4. Submit the form, and the website will display a confirmation that it has been submitted.

KimmyHrunt

Thank you.

May be a silly question, but what happens if i do indeed lose the case?

I dont know what evidence they have, i believe they take pictures.

Much, much appreciated.

peter_the_piper

Still important, as Halfway say's, to get a look at the lease to see what it says about parking.