Own Apartment Parking Fine

Redx

please start your own thread by using the red NEW THREAD button, top left of this forum

copy and paste your post above into the new thread and then delete your post above

also add the DATE OF ISSUE on your claim and also the full details of the POC and the full details of the costs being claimed too, plus add the full name of the parking company (claimant)

do not put any personal info or references in your posts

alanta22

Doing it now. Thank you!

Nell22

Hi All,

Updating on the progress of this one so everyone that is going through the same has an example to follow in real time.

Three separate court dates have now been set for tickets that i have incurred on the dates:

18th Feb
19th March
18th April

Is this normal to be over so many days? Could they not consolidate into one? I have to submit evidence to the court and PCM next week (2 weeks prior to hearing).

Might thoughts on evidence are:

- My lease
- Pictures of my parking spot that clearly have my parking number/flat number on it

Anything else, my case argument is main centralised around the fact that my lease does not state that a permit should be displayed for my allocated spot, nor does it mention any rights of third parties.

Is there normally a standard format that i should be submitting evidence?

Thanks

nosferatu1001

Did you not ask for the three claims to be amalgamated, on your DIRECTIONS Q????? Thats the obvious place to do it!
The court cannot know there are three, you have to tell them
If you didnt, ask them to do it now
Write to the judge allocated the first hearing, and copy in the other 2, and ask that they are heard together as they concern the same place, location, alleged breach of contract etc, and the claimant should have filed a single claim. You can also ask they strike out claims 2 and 3 as an abuse of process, as they are usign up more valuable court time than is required

Have you read post 2 in the newbies thread, which covers this stage completely?
For a start, you havent mentioned your Witness Statement!

Coupon-mad

Three separate court dates have now been set for tickets that i have incurred on the dates:

18th Feb
19th March
18th April

The court won't realise that these are carbon copy claims unless you tell them!

Write to the Judge and ask for them to be merged, as we always advise people to do!

Do that NOW, send or take it to the court 1st class this week, so the Judge gets that letter to read before you then hand in your WS and evidence file (ideally hand delivered).

Assuming you won't hear back very quickly, I would then hand over to the usher next week with the WS and evidence for the first hearing, ANOTHER copy of your letter asking for the claims to be merged and for the WS & evidence to apply to all three claims, and that they should be heard on that first date and the other dates be vacated.

Address it to the 'presiding Judge' for claims xxxxxx xxxxxx and xxxxxx or the named Judge in the allocation letter. Mark it urgent and ask the Usher to pass the letter to the Judge, telling him/her that the letter is urgent because it involves a significant saving in court time & duplication and avoids a serious abuse of process by the Claimant.

Might thoughts on evidence are:

- My lease
- Pictures of my parking spot that clearly have my parking number/flat number on it

Yes. You can get away with the front page an extracts from the lease to be filed & served for this stage, but take the full lease with you in your bundle on the day.

Anything else, my case argument is main centralised around the fact that my lease does not state that a permit should be displayed for my allocated spot, nor does it mention any rights of third parties.

Print out the usual cases that deal with the same thing: PACE v Noor, Link v Parkinson, etc. (from the Parking Prankster's case law pages) as you will see in other people's WS and evidence bundles on this forum.

Search the forum for Witness statement primacy of contract Pace and you will find some to copy! This has been done before umpteen dozen times, and you need compelling evidence so no stinting on it or assuming you will win.

You need to convince the Judge, with evidence that you have primacy of contract and that PCM are not offering anything by way of 'consideration' that you do not already have as a grant, or implied or express right to park, under your lease.

Is there normally a standard format that i should be submitting evidence?

Yes, in a ring binder with a contents page, all pages numbers, your WS first then all your numbered evidence as referred to (by that number) in the WS. Have a look at the examples in the NEWBIES thread.

Nell22

Thanks Coupon-mad - taken all your points on board and will be sitting down tonight to draft my witness statement and my bundle tonight.

I have received the claimants WS and bundle as per below. I'm a bit worried that they're already arguing against the points I'm going to make in my statement. Am I overthinking this, or do they have some valid points within their statement?

I'll requote my dropbox link from earlier in the thread.

Nell22

Le_Kirk wrote: »

Here is your link made live: -

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

Link to dropbox which has lease and witness statement (10 jpegs)

nosferatu1001

The jpegs could be uploaded to tinypics etc and the pics loaded here
I dont follow dropbox links.

Nell22

https://imgur.com/a/Bjmt7P5

thanks for the tip - also available above.

Coupon-mad

LOL. What template drivel.

You don't 'abandon' your rights and remedies under a leasehold agreement just because a third party sends you an innocuous looking permit that they tell you to display, and they do not give you any choice to opt out.

Have you done this already, which is what I said to do first, this week:

Write to the Judge and ask for them to be merged, as we always advise people to do!

Do that NOW, send or take it to the court 1st class this week, so the Judge gets that letter to read before you then hand in your WS and evidence file (ideally hand delivered).