Summons to Court and Time is Running Out!

Jasch

Hi Guys,

Apologies for the potential hundreds of rules I'm breaking but I literally only discovered this forum yesterday.

In short, I've been issued with a summons for court for an outstanding parking fine from Link Parking. This is for not displaying a permit on my car; however, according to the land registry and my lease, my parking space is considered an extension of my property.

Furthermore, no reference to parking is mentioned in the lease beyond the maintenance of visitors spaces. Ergo, do I have a leg to stand on?

Due to a habit of burying my head in the sand, tomorrow is the last day before I can pay it off (£225!) Shall I just bite the bullet and pay the darn thing?

Fond Regards,

Charlie

Redx

Jasch wrote: »

Hi Guys,

Apologies for the potential hundreds of rules I'm breaking but I literally only discovered this forum yesterday.

In short, I've been issued with a summons for court for an outstanding parking fine from Link Parking.

This is for not displaying a permit on my car; however, according to the land registry and my lease, my parking space is considered an extension of my property.

Furthermore, no reference to parking is mentioned in the lease beyond the maintenance of visitors spaces. Ergo, do I have a leg to stand on?

Due to a habit of burying my head in the sand, tomorrow is the last day before I can pay it off (£225!) Shall I just bite the bullet and pay the darn thing?

Fond Regards,

Charlie

no you have NOT received a "summons" to court

you have received an MCOL, a court claim form from Northampton , which is the modern method to claim money for alleged outstanding debts

a "summons" is for a criminal matter, whereas this is a civil matter

nobody here will tell you to pay it, we may help you to fight it but its not our remit to help you decide if you should pay or fight, that is your decision alone to make

please read the NEWBIES FAQ sticky thread, post #2 near the top of this forum, after posting the following details



the DATE OF ISSUE on the MCOL form ?

if you have done the online AOS yet ? (OR NOT)

also post the POC as well (Particulars Of Claim)

and read your lease or similar about your rights to park in your actual parking space

post exactly what the lease says below

System

What is the date in the top right hand of the firm.

What are the particulars in the middle box on the left hand side?

Jasch

Hi IamEmanresu and thank for the help.

The issue date is the 19th September 2018.

The particular of claim are:
The driver of vehicle registration AB123XYZ (the "vehicle") incurred the parking charge(s) on 03/04/2018 for breaching the terms of parking on the land at Arena Place - Napier Road Colchester CO2 7GA.
The defendant was driving the vehicle and/or the Keeper of the vehicle.
AND THE CLAIMANT CLAIMS
£160 for Parking Charges/Damages and indemnity cost if applicable, together with interest of £4.39 pursuant to s69 of the County Courts Act 1984 at 8%pa, continuing to the judgement at £0.04 per day.

Let me know if you need anything else!

Jasch

Hi Redx and thank so much for the help (and information!).

The date of issue is 19th September 2018.

I have done an AOS yet, but not declared whetehr I will defend or not (i.e. basically signed up to it)

The driver of vehicle registration AB123XYZ (the "vehicle") incurred the parking charge(s) on 03/04/2018 for breaching the terms of parking on the land at Arena Place - Napier Road Colchester CO2 7GA.
The defendant was driving the vehicle and/or the Keeper of the vehicle.
AND THE CLAIMANT CLAIMS
£160 for Parking Charges/Damages and indemnity cost if applicable, together with interest of £4.39 pursuant to s69 of the County Courts Act 1984 at 8%pa, continuing to the judgement at £0.04 per day.

And TBH the lease says very little about parking full stop. The plan of the estate clearly demarcates the parking space as mine. It defines visitor parking spaces and when and how these can be used. The parking section states:
a) Not to use any aprking space forming part of the Property for any purpose other than the parking of one private motor car... which shall be in roadworthy condition and have tax etc.

This is a clause about 'Providing and maintaining such security services for the Estate... as the management company acting reasonably and the interests of good management deem necessary' but nothing explicit.

Right, off to read sticky #2!

Redx

edit your posts above and remove the VRM, substituting it for say AB123XYZ


so the parking space is definitely mentioned on your lease and there is no mention of having to display a permit either


question ? why are you allowing the PPC to monitor your own space seeing as you have no contract with them ?

System

The date of issue is 19th September 2018.

You have at least until 19th October to do the defence but you must follow through and Acknowledge/say you will defend all the claim. When you have completed Acknowledgement, then search the threads for a Link Residential case. Plenty of them. Plenty of wins.

Jasch

Thanks, Redx: what an ingenue I apparently am...

The parking space is definitely shown on my lease plan, with the same orange box around as my flat (denoted in the key as 'property').There is no mention in the lease anywhere of having to display a permit (indeed, Link's contract with my estate has been terminated due to their malpractice; unfortunately, this was after my ticket).

As for why I let them: systematic apathy of which I am deeply ashamed...

Jasch

Right. My ignorance of all this notwithstanding, will a defence involve me going to court and having a tete ! tete with their Gladstones legal representation?

Thanks,

Charlie

Redx

it may well do, so assume YES unless they discontinue


this court will be your nearest local county court

Le_Kirk

Jasch wrote: »

I have done an AOS yet, but not declared [STRIKE]whetehr [/STRIKE]whether I will defend or not (i.e. basically signed up to it)

This does not make sense. Do you mean you have NOT done the AOS yet? Not sure you can do the AOS and then come back later to choose to defend! Others will advise.