Devere Parking Services Ltd Claim Form received

reynolds500

Hello, need some help/advice please,

Received a NTK from Devere Parking Services Ltd on 6 Feb 2018 for a PCN for 'No permit displayed' on the 18 Dec 2017. I read the Newbies FAQs and following the advice used the template appeal to IPC members.
I received a reply on 1 Mar 2018 saying "The Parking Charge Notice was issued on the 18th December 2017 and any appeal must be received within 21 days", so the PCN will not be cancelled. They also asked for £10 to supply any information relating to the charge. They also state "We have no intention to Cease and Desist further communications with you as we believe you have entered into a contract with us and in Law we are entitled to seek the amount outstanding."
On the 1st May 2018 I received a 'Notice of Intent to Issue Court Proceedings'. I assumed this was the same as a LBC and again following advice from the Newbies thread I used 'Daniel sans' reply as a template and altered to suit. (thank you Forum members).
On 15th May I received a 'Claim Form' from Money Claims Online NN1 2LN. At one point in the particulars of the claim they state "After a Notice of Intent was sent the Defendant writes seeking information prior to issue of a claim. However he also states in another letter quite clearly this if the Claimant is a member of the trade association called the IPC which they are, then he requests that the Claimant Cease and Desist all contact." They clearly stated they would not Cease and Desist all contact in their 1st March letter.

What do I do next, I have no Legal/Court experience and am starting to worry. I do have more info about car/permit/location but do not want to put in public view if possible.

Thank you, reynolds500

Quentin

Read up in the newbie faq thread


#2 covers court claims from receipt of claim to the hearing


First job is to do the AOS - all explained there in the FAQ


If you have inadvertently used your real name as your forum name you need to get MSE to change it to something truly anonymous


The ppcs monitor this forum and can use your posts against you

Coupon-mad

After a Notice of Intent was sent the Defendant writes seeking information prior to issue of a claim. However he also states in another letter quite clearly this if the Claimant is a member of the trade association called the IPC which they are, then he requests that the Claimant Cease and Desist all contact." They clearly stated they would not Cease and Desist all contact in their 1st March letter.

That's disingenuous of them to use an older letter from you telling them to stop sending demands, to pretend they don't have to reply to your questions under the pre-action protocol for debt claims!

Typical scum PPC conduct. Do not worry, you risk nothing, you will win or lose and then it will be over, no CCJ, no repercussions on your credit, no huge costs. We see 99% of cases won, here.

So:

- do the AOS online as shown in the step by step guide in the NEWBIES thread

- wait till 25th May then send a SAR* to Devere, which is free after GDPR

- show us your draft defence, based on other 'no permit' cases. We have LOADS!

If the driver never had a permit and could not have displayed it, then see PACE v Lengyel, transcript hosted in the Parking Prankster's case law. That one shows the thought process of DJ Iyer about impossibility of contract terms, and the fact that an unauthorised non-permit holder is offered no licence to park and can only be a trespasser (not something a PPC who don't own the land, are legally able to pursue).

If the driver had a permit but it slipped down, or they were using a different car but were authorised to park, or didn't see the signs because they were hidden on a random wall behind a parked car, then you will see on other permit defence unauthorised threads (search the forum for those words).

We won't take pm's - no time - so you must tell us everything here. No worries, people show all the evidence, defence, photos, signs, letters, witness statements, the lot in their cases and win.




* search the forum to save us repeating ourselves

reynolds500

Thank you for your replies,

The PCN was issued whilst the car was parked outside the house I am renting, I have a permit for the space given to me by the letting agent and this is kept in the car a all times.

I am the only named driver on the insurance policy, is this going to be a problem? Other people can and have driven it with DOC on their own policies.

I will complete the AOS online and do a draft defence based on having a permit.

Thanks again,

reynolds500

Coupon-mad

I am the only named driver on the insurance policy, is this going to be a problem?

No, because unless you put it in evidence, the PPC can't access that data. As as you say, others can drive the car. I could have been the driver! Same as we see lots of times.

How come the car got a PCN then? Allegedly wrong permit? Parked in a visitors' bay or not in a marked bay?

reynolds500

Hi, sorry for not replying sooner, laptop issues.

PCN for 'No permit displayed'. The actual permit is a approx. 10cm square and is for the bay I park in (matching numbers on permit and sign).

I keep it loose on the dash or on the centre console, as it says 'This permit must be clearly displayed in the vehicle at all times. This permit is only valid for the allocated marked by shown above.'

Since the NTK arrived I have only left it on the dash, but it does not specify an exact place, only that it must be 'clearly displayed'. If it was on the centre console it could still clearly be seen through the driver or passenger windows, again, it does not state that it needs to be seen through the windscreen.

If Devere Parking Service Ltd were genuinely trying to stop an unauthorised car parking in the bay then surely they would have looked thoroughly for permit before issuing a PCN.
I realise the is pedantic, but that seems to be the name of the game.

Thanks, reynolds500

nosferatu1001

Have you dont the AOS yet? We cannot mind read, and the crystal balls dont work

Get your defence up here ASAP.

System

If Devere Parking Service Ltd were genuinely trying to stop an unauthorised car parking in the bay

That is the idea and they will have been authorised by the Freeholder/Mgt Co to do so. Have you had a word with the MgtCo about getting this stopped? And what did they say?

reynolds500

I completed the AOS on 23/05/18.

Can I send S.A.R. to Devere via email or does it have to be posted?

I have contacted the Managing Agents 'Urban Owners' and my email "has been forwarded on to your property manager Claire Lawlor who will respond shortly." - Nothing yet.

I am still working on the Defence, will post draft a.s.a.p.

Thanks, reynolds500

Coupon-mad

Send a SAR however you want.

Devere will probably put up obstacles & make you post it with proof of ID.

KeithP

Reynolds500, what is the date of issue on your Claim Form?