Urgent Help - Claim Form

Coupon-mad

I have contacted the letting agent and have read through my tenancy agreement - it doesn't mention anything about a parking space. They forwarded me onto a company which they say looks after the grounds there and the parking, however they say they cannot provide the proof i need that i have the right to park there.

So, what made you believe you could park there? What was written by the letting agent about the place, or what was told to you by the landlord when you signed up? What were you given or told or led to understand, what made you decide to park there?

I'm not criticising BTW, I think private parking firms need to get the heck out of people's faces and lives and clear off from home property. Their sheer greed will hopefully be their downfall one day, just like clampers.

What about your actual landlord, do you have his/her name and would they supply you with a copy of their lease or their understanding about the parking situation? Maybe they have an old email or letter, giving them and their authorised residents/family, a right to park. It's not just about your tenancy agreement, there is a leaseholder who owns your flat isn't there? Any possibility of asking them what their lease says about parking or if they have any letters offering/confirming a right of way or right to park?

CCG___87

It's fine i don't think you're criticising, i cant stress enough how appreciative i am of your help! I'd be clueless otherwise and probably end up giving them money but i intend to fight this and win with the help of people on here.

So when i moved into the flat, i was given a parking permit by the letting agent which allowed me to park in my allocated bay. I didnt receive any written conformation of this and after checking the tenancy agreement i cant see anything in there either.

After speaking with the letting agent, they said they have nothing to do with the parking and this is looked after by the 'block management' which is another company. So having spoken to the 'block management' company, they said "Unfortunately I do not have any other information other than the attachment sent in the previous email. You will need to contact your landlord/letting agency regarding documentations required" -

The information in the previous email was a few emails from the letting agency and this company which you can see here - dropbox.com/sh/wdvenvhwz6ecogn/AADh2188Xf6iJNePF_AQnQlfa?dl=0


I have found the actual landlord's address and wrote him a letter asking for any documentation he has which proves i have the right to park in that space. So hopefully he comes back with something that helps.

Coupon-mad wrote: »

So, what made you believe you could park there? What was written by the letting agent about the place, or what was told to you by the landlord when you signed up? What were you given or told or led to understand, what made you decide to park there?

I'm not criticising BTW, I think private parking firms need to get the heck out of people's faces and lives and clear off from home property. Their sheer greed will hopefully be their downfall one day, just like clampers.

What about your actual landlord, do you have his/her name and would they supply you with a copy of their lease or their understanding about the parking situation? Maybe they have an old email or letter, giving them and their authorised residents/family, a right to park. It's not just about your tenancy agreement, there is a leaseholder who owns your flat isn't there? Any possibility of asking them what their lease says about parking or if they have any letters offering/confirming a right of way or right to park?

CCG___87

Just wanted to make my situation a little clearer..

i received two PCN's for parking in my own allocated bay for having an 'invalid permit' - however i was never sent an updated permit after it ran out. It was emailed to my housemate who i dont have much communication with and who doesnt use the parking space at all. (have proof of this in emails).

Secondly i received another PCN for parking in the bay next to mine because somebody had parked in my space. It's worth noting that this car park is also a pay and display car park, so i often get people parking in my bay and have to use another space. Ive taken a photo of the sign which you can see below - I dont think it's very clear and it says absolutely nothing about a permit. Plus my space (32) is not even mentioned anywhere on the sign. Then theres also a few other signs dotted around the carpark like sign two below.

Surely theres something i can use in my defence here as there's two different signs? Once again any help or advice with this is grealy appreciated and thanks for your patience. Not going to let them win!

Sign one - dropbox.com/s/9rojrkv0cfsfld2/IMG_5171.JPG?dl=0
Sign Two - dropbox.com/s/gz7oimeal5kukr6/IMG_5176.JPG?dl=0

Thirdly, today i found an older PCN from a few months before the above. They never tried to claim for this and it isnt noted at all on the claims form. Could i use this to my advantage to show that the claims are totally meaningless and they dont lose any money maybe?

bargepole

CCG___87 wrote: »

... Surely theres something i can use in my defence here as there's two different signs? Once again any help or advice with this is grealy appreciated and thanks for your patience. Not going to let them win!

Sign one - dropbox.com/s/9rojrkv0cfsfld2/IMG_5171.JPG?dl=0
Sign Two - dropbox.com/s/gz7oimeal5kukr6/IMG_5176.JPG?dl=0

Thirdly, today i found an older PCN from a few months before the above. They never tried to claim for this and it isnt noted at all on the claims form. Could i use this to my advantage to show that the claims are totally meaningless and they dont lose any money maybe?

You are focusing on all the wrong aspects here.

The signage has no effect, it cannot vary the terms of your tenancy agreement, which is what you rely on as the primary contract allowing you to park there. What the signs say, or whether they are the same or different is completely irrelevant.

The third PCN, which is not at issue in this case, is also irrelevant.

The argument that they have incurred no loss is also a non-starter, that was killed off by the Supreme Court judgment in Beavis.

Coupon-mad

Did the actual permit you were handed at first, have an expiry date on it at all?

Send me a private message - by clicking on my username - and I will work with you on a defence off-forum. I've written a couple recently for posters here, all done free - and I'm sure I can adapt it.

Others will be able to confirm I am trustworthy, if you are concerned (my postcount shows I'm part of the furniture!).

CCG___87

Hi,

Just wanted to post an update about my case - i won!

So i arrived at court, after waiting for a few hours we were called in to see the judge. It was at manchester county court, but i've forgotten the name of the judge. She was female and i'm pretty sure her name began with an O (if anyone's interested).

I made sure i was well prepared beforehand and read through their WS, making notes so that i would be able to defend anything they said. However in the end i didnt even have to go through any of my defence/witness statement and we were only in there for about 10 minutes! The judge said that she had read through the statements beforehand - and as soon as she started to speak i could tell that it was going to be fine. She asked the claimant to talk through his claim and basically just picked apart everything he said, leaving him fumbling around through his papers and stuttering with no idea how to respond. She then went on to say that his claim was a waste of the court's time and seemed fairly angry with him..which was great! It looks like they are wising up to these clowns because she said that their company had better seriously consider bringing these claims to court in the future or they will be investigated.

Then after about 5 minutes of him basically looking stupid infront of the judge, he said he wanted to withdraw his claim. To make things even better, i was awarded £170 in costs. Not only that, the judge mentioned that it would usually be paid within 14 days but in this case she was bringing it forward to 7 days. (however it's now been 7 days an surprise surprise, they havent paid up yet)

So all in all it was a good day! Just want to also so a massive thank you to Coupon-mad for her help throughout this and without her help i definitely wouldn't have been able to do all of this. It's nice to know that there are people nice enough to dedicate their time helping total strangers with things like this! From my experience in court, id say that they are definitely wising up to these fraudsters and their tricks - at least in manchester anyway!

Redx

welll done , glad you saw this through after a shaky start

and thanks go to coupon-mad and baregepole etc for assisting in various ways too

I did tell you that they were SIMPLE , and not INTELLIGENT PRATS , ie:- SIP (and they have been GLADSTONED once more)

CCG___87

Ah yeah sorry i missed anyone out..Thanks to everyone else who gave me any advice along the way!

waamo

I do hope you've considered sending baliffs to extract your money from them.

Coupon-mad

CCG___87 wrote: »

Hi,

Just wanted to post an update about my case - i won!

So i arrived at court, after waiting for a few hours we were called in to see the judge. It was at manchester county court, but i've forgotten the name of the judge. She was female and i'm pretty sure her name began with an O (if anyone's interested).

I made sure i was well prepared beforehand and read through their WS, making notes so that i would be able to defend anything they said. However in the end i didnt even have to go through any of my defence/witness statement and we were only in there for about 10 minutes! The judge said that she had read through the statements beforehand - and as soon as she started to speak i could tell that it was going to be fine. She asked the claimant to talk through his claim and basically just picked apart everything he said, leaving him fumbling around through his papers and stuttering with no idea how to respond. She then went on to say that his claim was a waste of the court's time and seemed fairly angry with him..which was great! It looks like they are wising up to these clowns because she said that their company had better seriously consider bringing these claims to court in the future or they will be investigated.

Then after about 5 minutes of him basically looking stupid infront of the judge, he said he wanted to withdraw his claim. To make things even better, i was awarded £170 in costs. Not only that, the judge mentioned that it would usually be paid within 14 days but in this case she was bringing it forward to 7 days. (however it's now been 7 days an surprise surprise, they havent paid up yet)

So all in all it was a good day! Just want to also so a massive thank you to Coupon-mad for her help throughout this and without her help i definitely wouldn't have been able to do all of this. It's nice to know that there are people nice enough to dedicate their time helping total strangers with things like this! From my experience in court, id say that they are definitely wising up to these fraudsters and their tricks - at least in manchester anyway!

:T

Great court report! I would have eaten my BHAFC hat & scarf if you'd lost.

I was more than happy to help with this defence off-forum, which others might be interested to learn, involved a parking bay owned by the OP's landlord under a Deed of Covenant which was included in the defence evidence. Nothing to do with the shared car park area, and so the PPC were trespassing to ticket in that bay.

Did I tell you that you might now be able to make a complaint to the Information Commissioner online (a simple form) then use that very likely upheld decision, in various bits of simple evidence needed to support a claim to sue SIP for data misuse? You could claim, say £500 a pop for each trespass (2 x £500 = £1000 would be worth thinking about and you have six years to get your revenge, unless SIP go under first).

I probably wouldn't claim data misuse for the third one, just the two that were in your landlord's OWNED bay.

You might want to wait till you have moved away as it's best to sue the landowner as well...to force settlement. Maybe next year, whenever you want!