County Court claim form received for parking ticket where I live, however the permit had fallen down

Georgina8

Hello

I have received several parking fines from UK Car Park Management Limited for the car park that belongs to the property where I rent a flat.

My tenancy agreement states that I have the right to park there and doesn't say anything about displaying a permit as when I first moved there you didn't need a permit.

They brought this in later down the line.

On a couple of occasions my permit fell down and they gave me tickets, I disputed the tickets however they said that I still had to pay them as they had tickets showing that the permit wasn't displayed.

Although I did argue it doesn't state where the permit should be displayed so I could display it on the side of my car which there are no photos off.

I refused to pay as I pay monthly for a parking space within my contract and feel I have every right to park there.

I have now got 28 days to submit my argument to County Court or pay £243.99 for the first ticket and then I am expecting to have the same issue with several tickets.

Any help with what to wright or any laws which support me would be great?

I am going to send a copy of my tenancy agreement stating that I have the right to park there.

Redx

you do the AOS after reading post #2 of the NEWBIES FAQ where there is a walkthrough (top of this forum, third thread down)

you send the DPO at UK CPM an email SAR asap, to get everything they have on you (and to cause them some work)

then you start to draft your defence and post it on here, minus personal info

what is the DATE OF ISSUE ?

what does the POC say ? (no personal details mind)

and add the full breakdown of charges from the form too

I would advise you to read the dozens of other similar court claim threads on here, until you get an idea of the "game" you are in

and start with the DEFENCES by member BARGEPOLE, expand on one of those

and dont "send" anything to anyone at the moment

the time for evidence and a WS is much nearer the court date

the only thing you will be sending is your completed defence as a signed and dated pdf when it is completed, as an email attachment to the CCBC in Northampton, no evidence goes with it, just the defence itself

Umkomaas

You need to follow the advice given in the NEWBIES FAQ sticky, post #2 about how to deal with a court claim. UKCPM have become one of the most litigious PPCs in the country and this is likely to go the full way, so you need to be on top and ahead of the process rather than simply reacting to each stage by posting here 'what do I do now' questions.

There are so many UKCPM threads about residential parking cases, so you'll need to do lots of research to understand all their nuances and how to handle them. Here are a few search keywords to start your research:

'UKCPM court'
'Primacy of contract'
'Derogation from Grant'

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

I am going to send a copy of my tenancy agreement stating that I have the right to park there

Not at this stage - this will be a vital bit of the evidence you submit with your Witness Statement, much closer to your court hearing date (about 3-4 months away).

You should be aware that UKCPM are having no involvement in this at present, you are on an automatic conveyor belt of claims (aka 'roboclaims') instigated by Gladstones solicitors. No matter what you send them at this stage, you won't get any sensible reply and you certainly won't get any cancellation. You must plough on.

The one communication you should make though is to send UKCPM a SAR - this should provide you with every piece of information they hold on you. Here is a link to a template that you can adapt to your personal circumstances.

From Legal Beagles:

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Can you give us the 'Date of Issue' shown on your claim form, then (hopefully) KeithP will pick it up and advise you on your first couple of key dates for action. As of now, you need to Acknowledge Service (AOS) of receipt of the claim to 'buy' you an additional 14 days to develop your defence. There is no purpose in delaying the AOS.

beamerguy

Follow everything said above

Residential is now the money making scam for UKPCPM and the incompetent Gladstones solicitors

They will fail in court as YOU have the rights to park.

The courts are fed up with this Gladstones bunch trying to scam people.

A few UKCPM examples to read

https://parking-prankster.blogspot.com/search?q=UKCPM

The_Deep

Read this and complain to your MP.

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Your lease/AST almost certainly gives you primacy of contract and these scammers may be committing an offence under The Landlords and Tenants Acts by interfering with your right to peaceful enjoyment of our property.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Half_way

You should also be coming down on the management compan like a ton of bricks, insist that they cancel this, and any other pakrig charge notices, and isnsist that they instruct their agents to cancel any court proceedings with immediate effect.
If they refuse and state that they cant stop the court proceedings as their agents have already comenced court proceedings, ask the management company why they are missleading you, and ask for a name so that they can be added to any counter claim ( breach of GDPR/harrasment/unreasonable action) that you may take in the courts

SandraX

You can't have it both ways, ie complain about non permit holders parking in your area and then not displaying a permit. It's your duty to ensure the permit is displayed, end of.

I would have got a ticket at the hspt car park if I had not checked the ticket i bought and placed on dash - it was a windy day and as i closed the door the ticket flew off the dash, so double check and if you have a permit, ensure it's fitted securely.

Umkomaas

You can't have it both ways, ie complain about non permit holders parking in your area and then not displaying a permit. It's your duty to ensure the permit is displayed, end of.

And when you return home and find a non permit holder in your parking area, with a PPC ticket on the windscreen - how does that help you?