*URGENT HELP* Appealing Parking Charge taken to court

GiaPetite

Hi there. Thanks.

So I have seen this on the thread:

If your case is about YOUR OWN SPACE or parking in a residents' car park as a legit visitor, please read THIS from the parking Prankster and also consider doing a counter-claim and/or Letter before Action to the site Managing Agent:

The driver was visiting her boyfriend who lived in the flat which belonged to the carpark. I don't know what to do now?

I called the company who is the landowner of the flats and car park and they said they don't benefit from CE putting their ANPR cameras there. She said they don't make any money from it but she was very abrupt and unwilling to help me when I asked if the lady could contact Civil Enforcement Ltd to cancel the PCN. I told her there were no time restrictions on the signage and she said the residents are made aware of this. I do have a letter from my friend who used to own the property (he recently sold it) and he told me that they were never made aware visitor parking times. Regardless, it should be on the signs in black and white for a person to see themselves.

What do I do now?

Coupon-mad

I don't know what to do now?

If it's a residential car park you can use/adapt the obvious defence example for residential car parks, right there.

No link, no copy/paste. Go and get it.

GiaPetite

I have searched residential car parks for a defence and can't find it? Please can you help. I am struggling to balance this with funeral preparations...

Coupon-mad

It's in the NEWBIES thread as a link.

[Deleted User]

Incredibly rare for residential bays to have a max wait time like a supermarket might.

I'd wager that the terms of boyfriends tenancy agreement and/or documents received on signing the tenancy agreement don't restrict his car driving visitors to such periods. BTW You might want to look at that document if he's got it handy. He will also (ideally) be your witness.

GiaPetite

Ahhh I've just read the Court Claim Procedure and realised it is a long one. I was thinking and hoping that after I sent the defence off, that would be the end of it and they would drop it. This has come at completely the wrong time. I don't know where to start.

I also talked to the boyfriend's landlord and he doesn't have any paperwork anymore since moving. Perhaps he could get hold of the old tenancy agreement.

I will work on the draft now using the templates and post it here. I hope you guys can help me. What is the chances of winning this? Have you had a PCN served to a visitor in a residential carpark before?

Coupon-mad

Civil Enforcement

It won't be a long process. No hearing. They will drop it, but not quite yet.

What is the chances of winning this?

99% sure that CEL will discontinue.

Have you had a PCN served to a visitor in a residential carpark before?

Hundreds of them, 99% win here. With CEL, all have been won except one person who missed the fact the local court wanted to deal with the case without a hearing, all they needed to do was insist on a hearing and CEL would have folded.

Now, where is this residential car park with CEL at it? NEVER seen one like it, they are usually only at retail parks.

KeithP

GiaPetite wrote: »

Have you had a PCN served to a visitor in a residential carpark before?

Yes, many times.

As has already been said, have a look at post #2 of the NEWBIES FAQ sticky thread where you will find at least two residential Defences.

GiaPetite

That's good news. Can I tell you where it is here or will that identify my case?

KeithP

Yes, it's ok to do that.
Not sure it's necessary though with CEL.