Parking dispute help. County Court Claim issued, my DEFENCE in post #63

neopl

(When you say you have unfortunately extremely short time ln your "life" - is that literally or because you are a busy bod??)

I am just very busy. At this stage I am fighting purely for principle, because the amount of time I spent on this has already exceeded the financial worth of the fine. Considering that I will have to show up to court, this will further have a financial impact as I will lose the day's wages. So, all in all, paying would actually be far cheaper, but I've gone way too far to give in, let’s take it right down to the bloody razor wire.

Quentin

When you win a court claim (as defendant or claimant) you do get to ask for your (allowable) expenses in attending court to be reimbursed by the loser.


This includes lost wages (capped at £95), travel costs/parking charges etc

Coupon-mad

If this is a Council owned car park, then it is not 'relevant land' under the POFA and they will need to explain this:

We are satisfied that our Notice meets the requirements of Schedule 4 of POFA.

Write back and state that you believe the land is Council owned, therefore there can be no POFA so are they trying to mislead you? Ask them NOW to explain.

Also please answer my questions earlier:

Was the first PCN a postal one, or did you have an actial PCN on the car, or was it a 'THIS IS NOT A PARKING CHARGE' (myparkingcharge.com) on the car?

Have you checked the terms of your lease, and the points about your 'rights of way, rights to pass/repass, and/or Rights of Third Parties Act 1999? This is what you will need to know, and show, to win at a hearing (you can do it!).

neopl

Was the first PCN a postal one, or did you have an actial PCN on the car, or was it a 'THIS IS NOT A PARKING CHARGE' (myparkingcharge.com) on the car?

Have you checked the terms of your lease, and the points about your 'rights of way, rights to pass/repass, and/or Rights of Third Parties Act 1999? This is what you will need to know, and show, to win at a hearing (you can do it!).

I had a yellow notice on my car that instructed me to go on a website and pay.
What lease are you talking about? If it is about my house, there is nothing there about the parking as this car park use to be free for everyone to use, until few years ago when the city council introduced permits). Also, just to be clear, not sure that it matters, I rent from a private person, it is only the little car park that is council owned.

This is all a bit much... I suppose not, but won't it really be enough for the judge, the fact that I live there and have a parkig permit?

If this is a Council owned car park, then it is no 'relevant land' under the POFA and they will need to explain this:
“ We are satisfied that our Notice meets the requirements of Schedule 4 of POFA.
”
Write back and state that you believe the land is Counil Owned, therefore there can be no POFA so are they trying to mislead you? Ask them NOW to explain.

So basically I should state that that the land is council owned, and therefore there can be no POFA. And ask to explain their comment in relation to their notice meeting requirements of schedule 4 of POFA, when this is not relevant due to council owned land?

Coupon-mad

I had a yellow notice on my car that instructed me to go on a website and pay.

In an envelope called 'myparkingcharge' yet the envelope said 'THIS IS NOT A PARKING CHARGE'? I am asking because I wrote a defence re such a case this week and it's linked in the NEWBIES thread.

What lease are you talking about?

Your own residential lease/tenancy, but only if the car park was part of the estate? Sounds like it's not?

If it is about my house, there is nothing there about the parking as this car park use to be free for everyone to use, until few years ago when the city council introduced permits).

Also, just to be clear, not sure that it matters, I rent from a private person, it is only the little car park that is council owned.

not relevant

No, not just 'relevant'; it's a phrase that has a meaning:

not 'relevant land' under the POFA definition

neopl

Car park is not part of the estate, that is correct.



I can't remember what the notice stated exactly. I think I still have it somehwere at home. I will look for it when i get back home after work.What I remember at present time is that it linked me to a website where I could make a payment.


thanks for the clarification re 'relevant land. ' I'll type up what I said earlier and will throw it in the post later. Should I also specifically ask if the ''VCS is trying to mislead me?''

The_Deep

You say that your landlord has no interst in the parking space, therefore I assume that you have a contract with a third party? What does that contract say about displaying a permit?

Coupon-mad

Should I also specifically ask if the ''VCS is trying to mislead me?''

Yes of course ask that question, it is vital.

And don't throw a letter to a parking firm in the post box, take it to the PO Counter - 1st class - & ask for a FREE certificate of posting (a receipt with the postcode on it).

DO NOT send it 'signed for' obviously...it's a PPC (and it'll be Saturday when it arrives!).

neopl

Yes of course ask that question, it is vital.

And don't throw a letter to a parking firm in the post box, take it to the PO Counter - 1st class - & ask for a FREE certificate of posting (a receipt with the postcode on it).

DO NOT send it 'signed for' obviously...it's a PPC (and it'll be Saturday when it arrives!).

this is what I penned up, any suggestions as to things to add? Perhaps throw my parking permit for a good measure?

''I would like for you to explain your comment in your previous letter to me. (I am including a copy, highlighted, in the envelope). You stated:


‘’We are satisfied that our Notice meets the requirements of Schedule 4 of POFA’’.



[FONT=&quot]I would like to bring to your attention that the land on which the car was parked, and on which I have permission to park, is council owned, and therefore there can be no POFA. This is not relevant land under the POFA definition due to it being council owned. Are you deliberately trying to mislead me? ''[/FONT][/I]
[FONT=&quot]
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You say that your landlord has no interst in the parking space, therefore I assume that you have a contract with a third party? What does that contract say about displaying a permit?

[/FONT]
[FONT=&quot]The contract is between me and the city council, I could not find it last night so i am unsure of the wording. I'll request a copy from the council.
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Coupon-mad

and on which I have permission to park,

Flipping heck NO. Think about what 'not relevant land' actually means!

Perhaps throw my parking permit for a good measure?

Again, no, you are not getting what 'no keeper liability' means.