PCM claim form, Ticketed in my own space!

jw505

Need help for a claim form on a parking ticket from PCM.

I live in a apartment complex where each flat is allocated a parking space, and I own the flat. PCM is the management company of the car park.

in Sep 2016 I got a parking ticket from PCM while my car is parked at its allocated space but the parking permit label slipped to the floor. I explained and then appealed the ticket to PCM but they insist the rule is displaying the permit at the window therefore the ticket... I called my managing agency but they claim they have no say in this. I ignored the following threatening letters as advised in the forum.

Yesterday I received the county court claim form (small claim court?). The claim is:
The driver of the vehicle registration XXXX incurred the parking charge on 23/09/2016 for breaching the terms of parking on the land at XXX(my address).
the defendant was driving the vehicle and/or is the keeper of the vehicle.
and the claimant claims £160 for parking charge/damages and indemnity costs if applicable, together with interest of £17.62 pursuant to s69 of the country courts act 1984 at 8% pa, continuing to judgement at £0.05 per day.

My questions:
1. what should I do at this point? is there a template I can use to reply to the claim form.
2. as it's 1.5 years ago, I can't find the original appeal and reply letter. do I need them for the appeal?
3. any other advise or things I should know?

I look forward to hearing people's advice. really appreciated!!

The_Deep

Read these

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

https://www.parkingcowboys.co.uk/residential-parking/

This is an entirely unregulated industry which is scamming the public with inflated claims for alleged breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose, and have been reported to the regulatory authority by an M.P.

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Fruitcake

What does your lease/AST say about parking/parking permits? This will have primacy of contract over anything the scammers say.

You will find information in post 2 of the NEWBIES on how to respond to a court claim by following the guide written by bargepole.


Start by acknowledging the claim, stating that you will be defending this. Do not put anything in the defence box. Not even a full stop.

The_Slithy_Tove

Get out your lease, and see exactly what it says about parking. Also look out for any clauses around the ability for the landlord/managing agent to impose "regulations" - not that any such regulations allow a third party to charge you money.

If you consider that they had no right to be "policing" your private parking space, then there's a potential DPA breach in that they have obtained your details without due cause. In which case a counterclaim, which also includes the managing agent, may be in order to focus their minds (particularly if you go for the management company).

Half_way

As mentioned above, your lease here is absolutly critical, until you provide that information any advice will be based on guesswork and not worth the effort.

Coupon-mad

Search the forum for the words 'own space' = very common scam. Read some threads.

what should I do at this point? is there a template I can use to reply to the claim form.

We assume you missed the residential cases defence template written by Johnersh, that's in post #2 of the NEWBIES thread among all the example defences.

Do the AOS on MCOL first, as the NEWBIES thread walks you through in pictures.

Then show us your adapted draft based on Johnersh's one. NO LINK PROVIDED - NO NEED.

Go and find it in the NEWBIES thread as we want you to read the whole of the second post there, and my signature tells you how to hop there, with 2 clicks.

jw505

@CM - Thanks very much for your advise. I have briefly went through the NEWBIES thread (especially 2nd post).
AOS on MCOL - Done, the claim was filed on 12/03/2018, AOS on 25/03/2018, I have till 13/04/18 to file the Defence.
I have also found the "Shared Ownership Lease" from the landlord to the previous owner of the flat. The document was dated 2006 and I bought the flat from the previous owner in Jan 2015, followed by parking ticket Sep 2016. I don't remember if we have a updated lease document from the landlord to us, I will confirm and request that from our management agent.

In the original lease document, there are three terms mentioning parking:

17. (a) Not to park or to suffer or permit to be parked upon any parking space allocated to the Premises from time to time any vehicle other than a private motor car or such other motor vehicle as may be first approved in writing by the Landlord acting in its absolute discretion

17. (b) Not to park or to permit or suffer any occupier of the Premises to park any motor vehicle on the Visitors Parking Spaces (if any) the same being intended for use by visitors only

5. The right to use the parking space allocated for the time being to the Premises the parking space allocated at the time hereof being that shown in Plan 2 with the number corresponding to the flat number of the Premises

My questions:
1. what do I need to request or confirm from my management agent?
2. I plan to draft the Defence using Johnersh's template, anything else do I need to prepare?
3. The first appeal and respond letters were in early 2017 and I didn't keep those letters, including the original PCN ticket. Do I need to obtain a copy of those for the Defence and how can I do that?
4. Any other advice?

Much appreciated for all your help! MSE forum is really kind!!

System

I bought the flat from the previous owner in Jan 2015, followed by parking ticket Sep 2016

Were PCM on site when you purchased your flat?

jw505

IamEmanresu wrote: »

Were PCM on site when you purchased your flat?

yes PCM was on site when I bought the flat.

System

yes PCM was on site when I bought the flat.

You'll argue primacy of contract in that your lease / rental agreement is unlikely to allow for you paying a third party for a contract that sits outside the lease / rental agreement.

But there is at least one judge who took the view that as the parking company was there at the time of purchase, there was an implicit assumption that their activities were accepted when you purchased. Just a heads up to have that one covered.

The_Deep

When you sa "shared ownership lease" ddo you mean that the qequity is shared with a HA? If so, report, if the HA is a registerrd charity, male a complaint to the Charity |Commissioners that they are colluding with scammers to defraud residents. Copy your letter to your MP.