New Generation Parking - County court claim

Ped_Mota

Hi everyone,

I want to apologise in advance if my questions have been answered elsewhere but I have searched the forum for an answer and not had much luck.

My situation:

I received a parking notice charge for parking outside my friend's flat on a Friday night (7th April) which was on a privately owned land.

I received a pcn through my parents letter box a few weeks later (my car is registered to that address but I have moved away) - I did not realise I had a PCN until July 2nd. On that exact day I went on their website to pay the fine but it said the amount to pay was £0.00 (I print screened this).

Nevertheless I put in my card details on the website to pay and I thought that would be that.

Today I went to my parents house again to find another letter which was a county court claim!!!

Now I don't know where I stand. Given that there was £0.00 to pay on that day I can't show a bank statement but I do have the print screen.

What is my best course of action? Contact the solicitors or admit part of the claim in reply to the county court claim?

Your advice would be much appreciated.

Quentin

Everyone is politely asked to read the newbies FAQ thread near the top of the forum before starting a new thread.

There you will find step by step advice on what to do with a court claim.

Follow the walk through that is linked in that thread to doing an Acknowledgement of service which gets you an extra 14 days to get your defence sorted out.

Coupon-mad

Did you see this, read about this nasty firm and make it your mission to beat them - a great experience, most people say:

http://forums.moneysavingexpert.com/showthread.php?t=5664709

Today I went to my parents house again to find another letter which was a county court claim!!!

Same as all the others then - we win over 99% of defended claims (one loss, I can recall, which is no big deal, no CCJ if the loser then pays).

What is my best course of action? Contact the solicitors or admit part of the claim in reply to the county court claim?

No. Reject the entire claim - you do not contact the solicitors at this stage, you are dealing with the court.

But the first thing to do is do the AOS, online at MCOL, leaving the defence box blank, as fully explained in the sticky thread in capital letters which was calling to you, when you hit 'new thread' on page one, a step back: 'NEWBIES PLEASE READ THESE FAQS FIRST' (did you miss that sticky thread?). Post #2 of that top thread, is all about all stages of defending and winning a court claim v a scumbag PPC.

Ped_Mota

Thanks for your replies guys.

I kind of panicked after getting the county court letter - even though I had read the newbie thread, I wasn't sure how I would be able to dispute the claim.

I have now done the AOS as per instructed.

Coupon-mad

Great, now start reading other defences, and things like the prankster blogs, where relevant - this one seems worth you reading even though the Judge debunked some valid points of defence (always include everything) the consumer still won and it's a residential car park:

http://parking-prankster.blogspot.co.uk/2016/12/new-generation-parking-management-youve.html

...if your claim is from Gladstones, read loads of other recent defences just be searching this forum for 'Gladstones defence'. You will find a pattern to copy and adapt and get the best bits from, into your own draft.

And ask your friend for a copy of his tenancy agreement, urgently, and get some photos of the signs this week and show us it all.

Ped_Mota

Thank you. I have read that particular thread actually which

The issue I have is that the car was not parked in an allocated space but rather on the side of the road just like many others that were there at the time. I am not confident about the AST including a clause for parking on the road/pavement.

I will take photos of the signs and post them up here.

Regarding your question about Gladstone, you are correct, the claim is from them. I have read that there is a letter (LBC) that claimant usually sends before the county court claim - I did not receive this letter neither have I received any other letters from the claimant between the initial PCN and the county court claim. Is this normal practice?

Following your advice I will read other Gladstone defences but for the moment I am not sure the basis that I am going to use for my case.

Coupon-mad

Where is the location? Please give us the name of the place, we may know about it.

Some 'residential' roads are in fact Public Highway (Council owned), like here where UKCPM are in hot water, or will be soon:

http://forums.pepipoo.com/index.php?showtopic=113814

It is not normal practice not to send any LBC, in fact a solicitor has to. So that gets added into your defence. Most Gladstones defences you will read, cover their woeful failure to follow the Practice Direction and you will see what I mean when you read some search results over the coming days.

Ped_Mota

Paxton drive - Bristol. On google maps you will see a white van parked in front of the "Paxton drive" sign. My car was parked a couple of cars back. There are now signs around that area (google maps is not updated).

Coupon-mad

Seems possibly public highway if it was at the entrance road near the road name sign. Ask the local Council Highways to check their definitive map and tell you (and confirm to you by email) how much of the entrance road and where, in Paxton Drive, is public highway and where that ends, which TRO covers the area and where exactly is the boundary where any 'private land' area starts.

It may help you hugely, and you are entitled to this information, so insist. Maybe there is a map attached to a Traffic Regulation Order (TRO) relating to the area, so check any TRO already linked on the LA website, this weekend (now) to see if it is clear or not.

Did you find this:

https://www.ipetitions.com/petition/paxton-drive-parking

Seems to be a common problem for the residents.

System

Looks like private. See http://www.paxtondrive.co.uk/

Some comments about Remus before someone suggests contacting them

They manage my property in London and it´s the worst experience I´ve ever had in y life with a management company. Avoid them if you can.

Extremely rude, totally unprofessional and couldn't manage their way out of a wet paper bag. We all know that most property management companies are uncaring and ineffective but this company sets new standards in gross negligence and arrogance. My sympathies lie with all those unfortunate to own or rent in a building "managed" by them!

Seems like a combination of aggressive PPC, uncaring MA and what another site called "vindictive residents"

You might want to consider moving.

Ped_Mota

Thankfully I don't live there - my friend who does live there, does complain an awful lot about them.

The parking fines have only really started since Apr-May this year so I was one of the first few...