Claim Form received - Gladstones - Need help!!!

pappa_golf

more ticket received , before of after this one NTK recieved for "them" , WHEN?

a lack of info makes it impossible to continue to add to this thread

Ymousanon

The_Slithy_Tove wrote: »

How about coming back with answers to the questions in post #3? These is crucial information which will direct your approach to this.

Apologies. I was neither of these. I am an estate agent and was parking on the land for an appointment.

pappa_golf

and you dont know or cannot find the land owner that hired them?

I take it that untill cancelled and your vehicle placed on a "whitelist" you will not be visiting this area again?

the whitelist needs to be applied at EVERY site you visit that hires PPCs , and a signed docci from every land owner stating that you have permission to park to be included in contract folders

Coupon-mad

Ymousanon wrote: »

Apologies. I was neither of these. I am an estate agent and was parking on the land for an appointment.

So you had rights of access to the flats in connection with one of the residents and should use the Jopson Appeal case and other case law as summarised here:

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

Have your Estate Agent firm not come across this scam yet and told some local Managing Agents that you will refuse to attend to sell any property at certain estates unless they include your cars in an exempt list (or cancel all tickets received, or kick the rogue parking company out, preferably) to protect you from court claims from their hired ex-clamper thugs?

Have your colleagues also collected these? The private parking industry is out of control again like it was before clamping was banned. In your industry you MUST get Managing Agents to cancel all PCNs or record your cars as exempt. Do this for ALL those other PCNs and as a company, send out formal complaints to all guilty Managing Agents, be proactive because this is a huge threat to you and your colleagues who cannot be reasonably expected to need a permit to briefly visit re selling a flat.

Also be more aware of signage and your company can (of course) refuse to attend places with these scum firms.

However, as you have a court claim, you must defend it so read the above link and then come back here and search 'Jopson defence' to read examples of recent similar defences you can plagiarise.

Fight this; residential car parks normally lead to or (impliedly or expressly) grant easements and rights of access for visitors of residents. The Jopson case and 'Saeed v Plustrade' can be used, plus the fact your firm might have always been allowed to park at this location, going back decades, and no change to terms has ever been drawn to your attention.

Do not feel you are guilty of any offence nor that this is a fine and you are the 'guilty party'. This is a well-known scam but unfortunately the latest thing these scum firms are doing is to bombard the courts with claims and scare people into paying charges which have no basis in law.

Also, read the links under the heading 'Small Claim?' in the NEWBIES thread as that also includes recent defence examples and info about the later (before hearing) Witness Statement and evidence stage.

Do not pay. Do not panic. Residential car parks need to kick these rogue firms OUT.

Is the car yours or is it the firm's? If the latter, how did the parking scumbags find out who the day-to-day keeper is?

Ymousanon

Thank you very much for this comprehensive reply.

This is the first time I have come across this scam but I am sure it will not be the last. I will take your advice regarding making contact with the management agent to ensure our vehicles are made exempt.

Some of my colleagues have also received PCN which I believe they are appealing.

I have now made acknowledgement of service and will seek some legal advice from a friend of mine.

I am the registered keeper but from reading certain posts know not to have any admission of driving the vehicle at the time.

In relation to drafting a defence do you have any advice or templates suitable to my needs. I have looked at the posts on the newbie form but they all start blending into one.

What other ways can I fight my case? Would it help if it was claimed no letters were ever received up until the point of this claim form?

Thanks again

Coupon-mad

Some of my colleagues have also received PCN which I believe they are appealing

And what a waste of your time that is, in a business where you do not need such drivel and should be able to rely on rights of way and the Managing Agents should be ashamed for allowing these scumbag firms on site. Residents and their legit visitors are the people fined; the 'parking management' is nothing of the sort and has no reason to be there skulking around among people's cars issuing pseudo 'penalties' at their homes.

In relation to drafting a defence do you have any advice or templates suitable to my needs. I have looked at the posts on the newbie form but they all start blending into one.

Like I said:

and then come back here and search 'Jopson defence' to read examples of recent similar defences you can plagiarise.

Would it help if it was claimed no letters were ever received up until the point of this claim form?

No. That is not a winning defence and we never suggest lies, particularly not in court. Luckily we have so much info about defending residential car park cases now you will have much to say.

Just one thought - ask the person you were visiting for a copy of their lease, or look through your firm's records for a copy of a typical lease from that site, if you keep such info. You need to see what it says about rights of access, parking, etc., in the lease of the person you had the appointment with because you ca argue that you were authorise under his/her rights and to penalise visiting estate agents is a case of 'derogation from grant'.

That term and others, are explained by the Parking Prankster in that blog already shown. You need the lease terms to argue that, and it is the vital thing you need to show, that you had primacy of contract, granted by the homeowner.

Ymousanon

Thank you. I will research the threads and posts mentioned and draw up a draft defence to come back to you with.

I have seen that some people request further information from the claimant to understand what they will be working their case on. Do you have any questions I can ask in regards to this. I.e evidence to support their claim ect...
I believe that most of the time no reply is ever given and therefore I can use this to my advantage but just wondered if you had any starting points.

Redx

your first starting point should be TO STOP THROWING TICKETS AWAY and NEVER ASSUME THIS WILL "GO AWAY"

if you have received an NTK then you read the advice in the NEWBIES sticky thread

if its a court claim (an MCOL from Northampton Bulk Centre) then again you read the NEWBIES thread , the section dealing with court claims for unpaid invoices

I am sure in your job you or your firm send out invoices. If these remain unclaimed the MCOL is there for you to claim them in a court of law (google MCOL)

this seems very quick between time of parking and an MCOL , BUT HEY HO , IT IS WHAT IT IS

THE ADVICE ABOVE IS CORRECT

you need to do your research and find recent gladstones defences to form one of your own , within the 28 days from the date of service on the form

The_Deep

Ymousanon wrote: »

Apologies. I was neither of these. I am an estate agent and was parking on the land for an appointment.

Then presumably you were there acting as agent for the leaseholder. Did you park in his/her space? Have you read this?

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

Coupon mad has given you much excellent advice on how to deal with this scum, here is some more.

Write an article about this con for all the trade papers there are. You are in a position to make it very difficult for the scammers to operate on residential sites.