Parking claim form received

Hanna83

Hi all

Hoping that someone can point me in the right direction as I’ve read a lot of posts that are similar but not quite the same as my situation, maybe you can help me if this has been raised previously.

I have lived in my flat for 5 years. The HA is southern housing. On 2nd January of this year a permitting scheme was introduced. By the 14th January I had 9 parking tickets. I called PCM and explained that I live here, that I couldn’t get a permit at the time because I was in and out of the hospital and could not find my V5. They informed me that when I found it, got my permit then they would cancel the tickets as they would be able to see I was a resident. I got my permit. They didn’t cancel my tickets. I called them twice more after receiving further letters to which they stated they would cancel the tickets. After that, I stopped opening the letters.

I have since received last month a letter from Gladstones, which I foolishly ignored. And then today a claim form from Northampton.

I contacted southern housing and they spoke to PCM who said ‘ as it was at the stage of going to court they could not cancel the tickets but would be prepared to come back with an offer of settlement’

Am I wrong that I don’t want to settle? I just believe it is overly punitive to charge someone £160 per ticket for parking in the same place they have for 5 years and not taking into consideration the fact that this is a new scheme. Four other residents of this block of flats also received the same claims form today.

Oddly I had 9 tickets but they only have listed 4 on the claim form, will they come back with a separate claim for the other 5?

I have not at any point said I was driving the car, because actually, I wasn’t. But I am the keeper.

Thankyou for any advice

onlyfoolsandparking

Did PCM confirm in writing they would cancel the tickets? or did you get the name of the person you spoke to at PCM?.

Hanna83

They didn’t confirm in writing, I have the persons name. I know I should have got it in writing but I’ve never experienced anything like this i just took them at their word. My head clearly wasn’t in the game at that point.

onlyfoolsandparking

It's not your fault it comes as a shock to us all in the beginning but you are where you are with it.


There is lots of information available here good information too, it's all in the NEWBIES thread of which you must start reading. There's specific sections regarding residents permits and what you can/should do.


There are also many threads on here regarding residents parking, find them, read them, learn more about the game your now firmly in.


You can legally fight and beat this and with the amount your talking about you are going to have to fully defend the court claim.


There's a complete section on court claims explaining exactly what to do and in what timely manor it has to be done.


Other more experienced posters will be along with more specific information that you'll need to deal with this, in the meantime do get reading, it will definitely help you

Half_way

You need to get out your lease/rental now and look at what it says regarding parking, I'm assuming that this is an own space issue, and the parking company want you to display a permit to park in your own space, or to be more accurate to charge you for something to which you already have rights to.


Again get out your lease/rental agreement, and report back here

Hanna83

Thanks, the car park is immediately adjacent to the block of flats and has no designated parking, it is a park in any space situation. I will find my tenancy agreement. Sorry if it takes me a while to respond to any comments I’m reading all the newbie threads. This is a real education!

Hanna83

I should also mention southern housing own the car park

onlyfoolsandparking

Hanna83 wrote: »

Thanks, the car park is immediately adjacent to the block of flats and has no designated parking, it is a park in any space situation. I will find my tenancy agreement. Sorry if it takes me a while to respond to any comments I’m reading all the newbie threads. This is a real education!

Your right about that it really is an education, I have found that too, I have been fighting my PCN for 6 months now and I'm still learning as you will have to learn too.


I've only read little bit regarding residents parking but I think you've got a fairly decent chance with your parking problem, no resident should be penalised for parking in their own space or space connected with their own property.


As I said other more experienced posters will guide you better than I can but you will have to put the legwork in yourself defending this BS.;)

Half_way

although you have already had dealings with southern HA, , you should now be looking at clarification from them, or to be more precise a method of pulling the rug form under the parking companies antics.


What you were told about being unable to cancel once court proceedings have started ( ie papers issued) is complete nonsense
However it infers that Southern HA do not want this to proceed


Dear Southern HA
further to my previous correspondence, you stated that your contacted your agents, PCM and requested them to cancel the parking charge notices issued to my vehicle however they (PCM) refused to do so as they stated that proceedings had already started, and instead , your agents, PCM offered a settlement.
Please can you confirm that you took the above action

Coupon-mad

Four other residents of this block of flats also received the same claims form today.

Send them all here to post about their cases, and tell them to read the NEWBIES thread (second post only) first, and do the AOS online to buy a bit more time to defend.

[Deleted User]

If you have not already done so, acknowledge service of the claim through MCOL immediately, but do not enter anything in the defence box at this stage. You will then have roughly one month from the date of the claim in which to submit your defence.

Your tenancy agreement is the document of paramount importance insofar as this matter is concerned.

I would, therefore, suggest that you post your tenancy agreement in its entirety here as a pdf file (after redacting any personal data) so that we can see what it says about parking and other matters.

If you do that, I shall gladly draft your defence for you. I shall post it here no later than Tuesday.