Own Apartment Parking Fine

Nell22

Hi All,

Newbie here!:)

Today i received my first letter/claim form from the County Court Business Centre. (Dated 14 August 2018). Claim is in reference to a parking "offence" which took place on 26/03/2017, breaching the terms of parking/not displaying a permit.

Just a bit of background, I own an apartment within a complex, in which i receive my own allocated space (no other individuals/cars are allowed to park in this space, specifically designated to my apartment). The parking area is managed by UK CPM.

On the date in question, i had parked in my space as usual, though my permit had fallen from my windscreen and become lodged between the windscreen and the top of the dashboard. The whole permit was not visible, though still partially visible with the hologram showing.

Upon receiving the charge notice i wrote an appeal to PCM, outlining the situation, hoping common sense would prevail. I was met with a swift response of rejection. I then continued to ignore the chase for cash, as PCM had now transferred the claim to Gladstones.

I found this forum quite helpful with the guides that are posted, which has set me on the way to start my defence.

The bit where i need advise, I'm filling out the defence form on moneyclaim.gov.uk, i've read within the how to guides that i need to leave the defence and counter claim boxes empty, not even putting a full stop within the box. Though as I'm on the form its actually a compulsory field, with a maximum limit of 122 lines and will not let me press next without typing anything in. This might me a stupid question, do i just put a space within the text box and press next or has the template/format of submission changed since the guidelines were published?

Secondly, would anyone have a letter template similar to my situation which i can use to start building my defence letter?

Your help and advise is much appreciated.

Nell22

KeithP

Stop filling out the Defence form on MCOL.

In the second post of the NEWBIES FAQ sticky thread there is a link to a dropbox file which explain pictorially exactly how to do the Acknowledgement of Service.

Do that now to get an extra fourteen days to prepare your Defence.

Nell22

Thank you - i just realised my error and was coming back to correct this post and you had replied! Thank you for the guidance again!

KeithP

With a Claim Form Issue Date of 14th August, you have until 2nd September 2018 to do the AoS, but there is nothing to be gained by delaying.

Having done the Aos, you then have until 4pm on Monday 17th September to file your Defence.

That's four weeks away, but don't leave it until the last minute.

Nell22

thank you - all filled in, AoS submitted.

I found this useful thread by Johnersh which is in the newbie sticky (cant post link, because newbies dont have rights to post links!)

i'll read, start doing my research and drafting my letter.

I'll keep you updated on progress.

System

These UKCPM claims turn on the details of the lease.

Were UKCPM on site when you arrived?

What does your lease say about parking

What does the lease say about variation of terms for "good order" or something similar. It will be in the lease schedules possibly the last or second last schedule.

Nell22

thanks for helping out.

So i dug up my lease agreement this morning and had a read through.

I cant seem to find anything in reference to parking or variation of terms for good order? The only reference to parking is on the first page where it says "terms for (Insert flat address) and the right to use a car parking space"

Theres 6 schedules:

1. Premises
2. Rent Review
3. Staircasing
4.Assignment of whole to nominated purchases
5. Surrender by leaseholder
6. Defined terms

Non of which mention car parking or variation of terms for good order.

Have i missed something? I'm trying to upload a dropbox link with the lease agreement (i've taken all names and addresses out) - though my access is limited and cant post links because im a new user - is there a way i can share?

Le_Kirk

Nell22 wrote: »

is there a way i can share?

Yes, use Dropbox (or whichever image sharing site you choose) and post URL with broken link for example: -
hxxps://Dropbox.com.............
One of the regulars will then make your link live.

Nell22

thank you, below link:

XXX.dropbox.XXX/sh/1xalh8jfc9dwz2o/AADISAE2NtJ8XITdQTMMtBiNa?dl=0

Le_Kirk

Here is your link made live: -

https://dropbox.com/sh/1xalh8jfc9dwz2o/AADISAE2NtJ8XITdQTMMtBiNa?dl=0

Fruitcake

If the lease is silent on the requirement to display a permit, and is silent on a third party having the right to charge a resident £100 for not displaying one, it begs the question, why are you displaying one in the first place?

Part of your defence will be that there is no contract between you and the scammers, and your lease has primacy of contract and cannot be overruled by a third party. Your lease does not require you to display a permit, and this overrides anything the unregulated scammers say.

You should be tackling the landowner/management agency about this.

You should also get your MP involved.