Appeal not accepted or rejected but receiving debt collection notices

Fruitcake

1234 wrote: »

Thanks, The signs were only only up for around 7 months. Though i have pictures of them from before.
The management Agency want nothing to do with it, they've said they will not help in any way.

I didnt know i could complain to MP as it was private land but will write a letter to them.

Show us the signs that were in place at the time of the alleged event, and the ones the scammers are referring to now.

Read the comments in red in post 1 of the NEWBIES and refer your MP to all the negative comments made by MPs across all parties about this unregulated scam. He/she should already know about the new Parking Bill that entered statute earlier this year, but refer them to that as well in case they haven't been concentrating at work.

Ask him/her to confirm that they will get involved with the construction of the new mandatory code of practice that affects tens of thousands of ordinary motorists every year in an attempt to wipe out the excesses of this currently unregulated industry that brings misery to so many, and is affecting local and national trade as well as innocent homeowners and residents.

NeilCr

Do you know who the landowner is?

They will have employed the MA so may be persuaded to apply some pressure

1234

Landowner and Managing Agency are one.

Signage is as http://i67.tinypic.com/2d9shec.jpg


I've drafted rebuttal as:

I am in receipt of your letter dated 19/08/2019.

I have not agreed nor entered any contract with your client to display any permits in my vehicle therefore, am not liable to the parking charge for the following reasons:

• Primacy of Contract:

My lease does not contain clauses requiring displaying a permit or any clause requiring me to make payments to any third party who is a stranger to that lease; the issuing of the ticket is unlawful.

My lease has primacy of contract over any restrictions you place on the land. I refer you to similar cases where the ruling was in relation to a tenant being issued a PCN from a private parking company:

* In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

* In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.

I will rely on those cases to form part of my defence, should this matter reach court. I am fully confident of winning any claim that you make against me in court.

You also refer to ParkingEye vs. Beavis. The case related to a stranger parking on private commercial land where there is commercial interest to enforce parking restrictions. It has already been established that the ruling of ParkingEye v Beavis [2015] UKSC 67 is not applicable to cases involving residential parking spaces. There is no commercial interest in the landowner in pursuing residents lawfully parked in accordance with the lease and you cannot show otherwise.

Your client is pursing me as registered keeper transferring liabilities from driver to myself as registered keeper however, the notice itself is not compliant, I refer to schedule 7(2)(a) ‘Protection of Freedom Act 2012’

specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

The observation time is absent from the Notice to keeper and the map you have included does not belong to the development your client claims they have authority to manage parking. The name of the location your client claims the parking charge notice was issued under, does not exist on any Land title/registry or deeds to the property. I have also tried to locate this via Google which fails to locate any properties by the mentioned name in either your or your client correspondences.

In summary, my vehicle was lawfully parked within the bay which is clearly marked with flat number; I deny all debts exists and instruct you to cancel the PCN. If this occurs within 14 days from the date of this letter, I will consider the matter closed. If this does not occur then I invite you to pursue this matter in court, where I am prepared and ready to mount a vigorous and robust defence against your claim.


Yours faithfully

Is this ok to submit to them?

1234

I've now received the claim for sum of £249 from County Court business center dated 6th September.

My concern is the
- Name of site is incorrect.
- Post code is incorrect although i would say it's pretty local to me.
- The previous map of the area their client is authorised to manage is of a different site.

I'm overthinking this but they might be trying to claim my vehicle was parked on this other site.

Would i write I deny the above in my defence (along with the claim), correcting the mistakes Gladstone/UKCPM have made?

KeithP

1234 wrote: »

I've now received the claim from County Court business centre dated 6th September.

With a Claim Issue Date of 6th September, you have until Wednesday 25th September to do the Acknowledgement of Service. If possible, do not do the AoS before 11th September, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 9th October 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

1234

I've submitted the Aos. I intend to write to the MP about this, is it there any recommendation as to whether write or email them?

KeithP

1234 wrote: »

I've submitted the Aos. I intend to write to the MP about this, is it there any recommendation as to whether write or email them?

Email. Far simpler. Far more reliable.

But don't overlook your Defence. Four weeks will disappear amazingly quickly.

Umkomaas

KeithP wrote: »

Email. Far simpler. Far more reliable.

But don't overlook your Defence. Four weeks will disappear amazingly quickly.

https://www.parliament.uk/mps-lords-and-offices/mps/

1234

Their solicitors have contacted me and ask me to provide them my lease. Do i need to provide it to them or just the relevant part ?

Le_Kirk

You could try a solicitor tactic and state "the lease contains sensitive commercial information and will be provided in court" but since you will be providing it to them at Witness Statement stage anyway and if it helps (maybe they read it say "let's give in"), send it now but redact all but the relevant part.