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U.K. Car park magement limited taking me to court

Hi everyone .. I've never posted on this forum
Before but I need help.
In the block of flats where I live they have hired a company (U.K. Car park management ltd) to hand out parking tickets to people who park around here.

So I've lived here in 2012 and in march 2016 I got 3 tickets sent to my flat . 2 of which I wanted to fight because I had sold that car on the 29th of February 2016.
The other one I was liable for it to be honest but I kept reading that I should ignore. So I never made any contact with them until recently they sent a court claim form pack. I responded to it within the 14 days .
I acknowledged one ticket and disrupted the other two on the basis that I had sold my car. I sent the paper work to the court and to gladstones solicitors which act on behalf of uk cpm ltd .
But even though I sent proof of me selling my car they still want to send me to court!
So now I have to wait for a n180 form from the court. They have opted out for no mediation and they want it NOT to be an oral hearing so a judge would just make a decision based on paper work.

So my next question is does it sound like they're going to go through with it ?
A few other residents here have received the same claim
Forms..

I'm just annoyed now because now I have a permit and a space but I didn't before as there wasn't any spaces available .
Parking in my area is all permit only so there was no where else I could park I also have a young child so it's not easy to just park anywhere.


Anyway does anyone have any advice ?
«13

Comments

  • Klk92
    Klk92 Posts: 11 Forumite
    Forgot to add I rang 8 solicitors today in my area and none of them said that they would deal with this kind of issue. They would only deal with more serious matters
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 16 December 2016 at 5:56PM
    If they did go through with it I suspect that they would come a huge cropper. Your lease/AST usually trumps any silly T&C from scamming parking companies. Courts are getting wise to the scam and people are n ow suing these companies for unlawfull accessing their date from the DVLA.

    Read this

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

    Consider counter suing them for DPA breaches, someone did so recently and was awarded £750.

    More reading

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

    http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 December 2016 at 5:54PM
    Please give us the timelines of each ticket. Dates of alleged events, date each PCN/NTK arrived.

    Very few solicitors know as much about private parking scams as the expert regulars on here or pepipoo.com.

    You will get the best advice there is available right here, for free.

    What does your lease say about parking and parking permits?

    You definitely want a hearing in front of a judge in your local court, and no mediation.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Klk92
    Klk92 Posts: 11 Forumite
    For the car I sold : 2nd and 3rd of march 2016
    And for the I have at the moment : 3rd of march 2016.
    All of the tickets were for £100 but£60 if paid within 14 days.

    I have a permit now which was issued in December 2015 .

    There's nothing about on my lease about Parking.
    It's actually quite confusing because inside there's a sign that says visitor parking but outside it says no visitor parking at all.

    I would 100% understand if I had the ticket because I just decided to park there for NO reason at all. But I am a resident. Also there are only 15 spaces for 24 flats. So there are still a lot of residents who can't park and are still being issued with tickets!
  • Klk92
    Klk92 Posts: 11 Forumite
    Fruitcake wrote: »
    Please give us the timelines of each ticket. Dates of alleged events, date each PCN/NTK arrived.

    Very few solicitors know as much about private parking scams as the expert regulars on here or pepipoo.com.

    You will get the best advice there is available right here, for free.

    What does your lease say about parking and parking permits?

    You definitely want a hearing in front of a judge in your local court, and no mediation.


    So I am supposed to receive a H180 from
    The court. The non oral hearing would only go ahead if I agree to it. So would you suggest that I say no to that? I'm just not sure

    Thank you again
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    please clarify

    car one (now sold) , the dates that the tickets were placed on car , and the dates you got the NTK (letters about them) thru the post , also what date did you sell the car ,
    Save a Rachael

    buy a share in crapita
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Klk92 wrote: »
    So I am supposed to receive a H180 from
    The court. The non oral hearing would only go ahead if I agree to it. So would you suggest that I say no to that? I'm just not sure

    Thank you again

    Nobody knows if you will get a N180 (is it N, not H, I don't know) form until it happens. The scammers may be bluffing and hope people will ignore and get a default judgement, or get scared and pay up.

    You have a very good case if they do try court but you have to do the legwork and defend it. The Deep has given you links to similar cases where the resident won, so you should read up on them.

    The non oral hearing will go ahead if you don't contest it. It is not a case of you agreeing, it will happen if you don't challenge it!

    I already said, you want a hearing in front of a judge, not one heard on papers (non oral.)
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Klk92
    Klk92 Posts: 11 Forumite
    pappa_golf wrote: »
    please clarify

    car one (now sold) , the dates that the tickets were placed on car , and the dates you got the NTK (letters about them) thru the post , also what date did you sell the car ,

    Car one (now sold)
    They were placed on the Car on the 2nd and 3rd of march 2016 (2 tickets) I received a letter for each one on the 31st of march 2016 and 1 of April 2016

    I sold the car on the 29th of February 2016
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please also give us the date you told the DVLA you had sold the car.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Klk92
    Klk92 Posts: 11 Forumite
    Fruitcake wrote: »
    Nobody knows if you will get a N180 (is it N, not H, I don't know) form until it happens. The scammers may be bluffing and hope people will ignore and get a default judgement, or get scared and pay up.

    You have a very good case if they do try court but you have to do the legwork and defend it. The Deep has given you links to similar cases where the resident won, so you should read up on them.

    The non oral hearing will go ahead if you don't contest it. It is not a case of you agreeing, it will happen if you don't challenge it!

    I already said, you want a hearing in front of a judge, not one heard on papers (non oral.)


    Ok great thanks for your reply.
    The solicitors sent me an email with their "client's completed directions questionnaire" but it actually isn't complete. They only filed out their details like name address email etc. They just added onto the email that they do not want to mediate as it doesn't work for these cases and they want the non oral hearing as the costs for both parties would be disproportionate.

    There was another attachment which is a request from them to the court saying that if they could send the defendant (me) a N159 form which is where I have to put down if I agree with it being a non oral hearing.
    Does this mean they would have to pay more for a county court ?
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