Been to court, won, but still more cases!

Hasfro

Hi all. I got a PCN for parking in my own space without a permit. I appealed and they rejected. I appealed to the IAS and they rejected again, then sent court stuff. I did my research, submitted defence followed by witness statement. Gladstones didn't turn up at court and the judge reviewed the lease dates vs their contract and dismissed their case for contract primacy. Didnt want to award me witness expenses at my work day rate but did award me about £65. So overall I feel like I lost money as this cost me more in terms of lost earnings and all the time invested in researching for the defence. I mentioned this to the judge and he said it's the first case against you and they maybe just wanted to find out so I can't penalise them.

But now the same company is taking me to court again for another ticket. Although I am sure I will win again, especially that I provided the first ruling as evidence, this is still costing me. And they have sent a third letter before claim for 2 more tickets. This is now clear harassment but I am not sure what I can do about it. It is affecting my job as I am supposed to be travelling for work at short notice and I've just had to decline some work because of the second upcoming case.

They haven't paid the outstanding £65 and am not even sure how I can force them to pay that. I contacted the property management company and sent them the ruling saying these guys are know they have no case but just doing it for maximum inconvenience. The management agent e-mailed them and then emailed me back saying they said they would chase the remaining tickets. And then said they cant get involved.

Not really sure where to go with this.

Coupon-mad

I reckon it sounds similar to Lamilad's cases v Excel. He'll probably be posting here again tonight. Lamilad wrote a letter to the Court when Excel kept coming back with new claim after new claim, so maybe that could be adapted.

They haven't paid the outstanding £65 and am not even sure how I can force them to pay that.

Discussed here in a case where an OP beat Gladstones, got £170 in costs to be paid within SEVEN days (Judge must have been annoyed!) and they had not paid yet:

https://forums.moneysavingexpert.com/discussion/5566501

HTH

The_Deep

This is appalling, if one of my tenants were harassed thusly I would go after the MA and the PPC as if there were no tomorrow.

If they do not pay you on time issue a claim, you will win and it will cost them your travel loss ofearnings and court fees. If you issue a counter claim the cannot pull out. If you lost money as the result of the action, sue the PPC and the MA. They should put you in the place you were before they commenced the action.

Tell all your neighbours post it on Communal notice board, raise it at the AGM, RA meeting, and inform fir landlord/headlease holder as this is an attempt to infringe you leasehold right to quiet enjoyment. Possibly a criminal act and/ot btreach of the Landlord and tenants' Acts.t

You have all the cards here, do not be a doormat,

Some reading.

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

https://bmpa.zendesk.com/hc/en-us/articles/213077149-Jopson-v-Homeguard-2016-

mistercesq

Hasfro wrote: »

Hi all. I got a PCN for parking in my own space without a permit. I appealed and they rejected. I appealed to the IAS and they rejected again, then sent court stuff. I did my research, submitted defence followed by witness statement. Gladstones didn't turn up at court and the judge reviewed the lease dates vs their contract and dismissed their case for contract primacy. Didnt want to award me witness expenses at my work day rate but did award me about £65. So overall I feel like I lost money as this cost me more in terms of lost earnings and all the time invested in researching for the defence. I mentioned this to the judge and he said it's the first case against you and they maybe just wanted to find out so I can't penalise them.

But now the same company is taking me to court again for another ticket. Although I am sure I will win again, especially that I provided the first ruling as evidence, this is still costing me. And they have sent a third letter before claim for 2 more tickets. This is now clear harassment but I am not sure what I can do about it. It is affecting my job as I am supposed to be travelling for work at short notice and I've just had to decline some work because of the second upcoming case.

They haven't paid the outstanding £65 and am not even sure how I can force them to pay that. I contacted the property management company and sent them the ruling saying these guys are know they have no case but just doing it for maximum inconvenience. The management agent e-mailed them and then emailed me back saying they said they would chase the remaining tickets. And then said they cant get involved.

Not really sure where to go with this.

Which PPC is this?

bargepole

The_Deep wrote: »

If they do not pay you on time issue a claim, you will win and it will cost them your travel loss ofearnings and court fees.

No.

You do not need to issue a claim when you already have a Judgment order in your favour.

You apply to the court for a Warrant of Control. There is a £110 fee which is added to the debt, and the court will then send bailiffs to enforce it.

safarmuk

This is a very interesting scenario, I would like to see the PPC and IAS appeal rejections especially if you told the you were a resident/leaseholder assuming you are willing to share them (with personal data redacted). I have several friends in a similar situation on a Residential Estate and this information would be useful (especially if this is the same PPC).

Would you be willing to share this information and let us know who the PPC is?

Lamilad

bargepole wrote: »

No.

You do not need to issue a claim when you already have a Judgment order in your favour.

You apply to the court for a Warrant of Control. There is a £110 fee which is added to the debt, and the court will then send bailiffs to enforce it.

To the OP - please keep us updated on the WoC. I've seen loads of people advised about this after not being paid but I've not read about anyone actually going through with it and sending the baliffs round.

Hasfro

Update to all. So since yesterday I have actually received a cheque of the £65. What I did 10 days ago after I received a letter threatening further court action for the other tickets is; I sent an e-mail to Gladstones with the court order attached, and said in summary "Your client should have paid a month ago, if I dont get payment in 14 days I will apply for a warrant of control". Yesterday before I got home I posted here as I thought they wouldnt pay. But when I got home the e-mail seems to have worked.

To The Deep; I have e-mailed the property manager a number of times and they continue to refuse to get involved. I think they arent being fair and I should be able to complain to the Ombudsman Services. But before I go that route I have sent him another e-mail highlighting my disappointment and insisting that he gets them to back off. If he doesnt I will ask to complain to his management and then the Ombudsman's services. I just didnt want to ruin relations with them as they will stay after all this is over. But if it is inevitable then I will.

To mistercesq the PPC is Parking and Property Management Limited

To safarmuk Is it Parking and Property? I am willing to share. Is there a way for private messages on this thing?

To Lamilad I would have liked to use bailiffs, but I was worried that because they are a company it becomes harder to take work products. Although I think their signs around my parking area would be fair game I think ;-) Anyway I am very likely to be chasing them for more money as I have a second upcoming case.

Half_way

I think the term you are looking for is tortuous interference of lease.
The management agents need a walloping over this, read these from Lynzer on pepipoo and come back with your thoughts:

Guide to residential parking
http://www.thebridesmother.co.uk/Media/residential-parking.pdf

a few templates/examples:
http://www.thebridesmother.co.uk/Media/Templates.pdf

The_Deep

OP, of course they are not being fair, and they are not acting in the best interests of either the residents, or the head-lease holder. they are involved, up to their necks.

Do not be worried about upsetting the MA, I have crossed swords with several and it has done me no harm, indeed I got very assertive with one lot who wanted to instal a PPC that they dropped the idea like a hot cake.

Has the PPC paid you yet? If not trot off down to the court on Monday to get the warrent

Loadsofchildren123

Halfway means "tortious" rather than tortuous.

This is outrageous! I'd write to the court and ask for this case to be reserved to the same judge because it is harassment and the judge is already familiar with the issues.

Invest in a transcript of the judgment, not just the order. It will be more persuasive. It won't cost much. You have to choose from a list of approved transcribers and then fill in a form and send it to the court for it to send the tape out.

Also write to the PPC/solicitors to say it's harassment and you'll be seeking an injunction at the next case to prevent them from issuing these spurious claims.

Threaten a claim against the MA for tortious interference with your leasehold rights. And tell the PPC you will be issuing claims for DPA breaches. Anything to put them off.

On the WoC issue - is there a minimum amount or can you apply for any amount? It's very easy to do and in fact the bailiff companies offer a service where they do it all for you, so I don't understand why people are put off doing it.