urgent help needed following 2nd letter from Gladstones with 7 day deadline to pay

safarmuk

Is the only other option to pay?

No, the other option is you can defend it in court and if you win you pay nothing (and can even claim a small amount of your costs). If you lose you simply pay in the timeframe the judge orders. Either way that is then that.

However, nobody can/will tell you what to do, that has to be your decision, but if you choose to defend then people here will help you with a defence but of course nobody can guarantee a win - it all depends on circumstances and the judge.

Why not search this forum for residential parking cases (e.g. Stuart Hamilton's thread for one) and also the Parking Pranksters blog for other residential cases and information - that will help you come to your own decision.

safarmuk

Thank you. The person at the HA is away at the moment, but they have categorically stated that they will not get involved in any parking disputes at all, so I don't think that will help. I've asked for the information on dates, but I don't know if they will get back to me about that.

Again I agree with RedX, it's not that simple for the Housing Association to say this in my opinion. What have you said to them? If you have been too nice then maybe now is the time to say something like

"I am being taken to COURT by your agent for parking in the space you gave me and not displaying a permit because you didn't issue them on time - do you think that is reasonable? If not please talk to the PPC and get them cancelled"

Have any other residents had this problem? If so maybe get them together and complain as a unit - more powerful. You might also want to let the other residents know this is what is going on and could happen to them ...

Lathyrus.o

Thank you. I will try that approach with the Housing Association.

safarmuk

Thank you. I will try that approach with the Housing Association.

And speak to the other residents ...

Also should you decide to defend this (and the other PCNs that might be coming) then you need to start gathering evidence now and start doing your defence research now. Get pictures of the signs - maybe host one here like you did your letter.

Get the dates of the various PCNs clear and also make sure you have the evidence that these were before you received the permit(s) - I am presuming those came on a dated letter?

Start researching other successful Residential Parking defences here on MSE that have occurred in the last 6 months or so.

Read the Parking Pranksters blogs on Residential Parking

We are the residents of XXXXXXXX and the car with the registration XXXXXXX is my car. The Landowner issued me with the key for bay XX and I have been parking in this car park for years without any problems since the space was allocated to us. PPM Ltd has already acknowledged that my car was parked in an area where I am authorized by the landowner to park my vehicle

This interests me - what key are you referring to?
Was this allocation of this bay XX done in writing or verbally? If verbally then maybe before you get angry with the Housing Association ask them for proof of this in writing

Lathyrus.o

Hi thank you for your help and advice. The key is for a small barrier stopping anyone else from parking in that bay. I had to pay for the copy of the key to be made.

Lathyrus.o

I've emailed the HA but I don't expect a reply. They very frequently just don't reply to emails or if they do it's months later.

beamerguy

Lathyrus.o wrote: »

I've emailed the HA but I don't expect a reply. They very frequently just don't reply to emails or if they do it's months later.

So they will have a big surprise when you include them in any court action ???

There are some bad HA's, so just warn them what could happen if they don't intervene

safarmuk

Hi thank you for your help and advice. The key is for a small barrier stopping anyone else from parking in that bay. I had to pay for the copy of the key to be made.

This is what I thought you were going to say ... so, if nobody can park in your bay without your key then why an earth does it need to be patrolled by a PPC?! The only people they could ever give a PCN to would be people who you let park there ...

Do you have any documentation related to being given / receiving this key or being allocated this space? Or is this what you have emailed the HA about.

I've emailed the HA but I don't expect a reply. They very frequently just don't reply to emails or if they do it's months later.

Lathyrus.o

I'll have a look to see if I can find anything, thank you.

Coupon-mad

You need to become more assertive here, they were ticketing before the permits were issued.

Never mind that some person at the HA is away. Write to the top person immediately and I mean, immediately, telling him/her that if they do not cancel this PCN this week, if you get a small claim you need to know which dates the Housing Association person will not be able to appear in court because you will seek to include them, as they are liable for this scam.

and it is a scam to ticket:

- before the permits were issued
- and at any time in a bay that ONLY you can use.

There is no point in the PPC being there. What the Hell are you residents doing agreeing to that? WHY? You have a locked bay!

Please promise us you will not longer ask whether you should pay.

Please get really assertive with the HA this week, NOW. Ask them for dates when their representative will not be available for court because they are responsible for the unwarranted conduct of their agent and will be jointly and severally liable if you get a court claim.