Devere Parkingin residential space

damnParking

Hi, I am new here. Than u for all the help u provide here, (not sure if I will be on time to defend myself) but I want to try! I have been reading to get up to date with everything u comment but it is quite tedious so I will explain my situation and see what u think. I Arrived yesterday from holiday and had a letter from the 31st of December with a claim form. I have checked the forum about how these should look like and seems a genuine one.
I live in a residential space where we are allowed to park one car. We got two PCN´s stating that we were not showing the permit (we have to swap it between cars quite often) both with the not having a parking permit on display. I am quite short on time because as far as I know I need to reply to this in 14 days.
I need to send the AOS right? and that would give me some more time to get my defence ready. What would be my best way of defence, seems to me quite unfair to get a 100 pound ticket in my residential parking because the permit fell in one of those swaps..

Thank u!

Fruitcake

Follow the guide to court in post 2 of the NEWBIES written by bargepole, and yes, start with the AoS, but put nothing in the defence box.

Dig out your lease/AST to see exactly what it says about parking as this has primacy of contract. Those rights cannot be taken away buy a third party scammer.

Look especially for (or lack of) anything about a third party being able to issue charges or take you to court, or having to display a permit.

Complain to the landlord/landowner, and the MA/HA if they brought in these parasites. They are not there to scam genuine residents but are supposed to stop people who do not have the right to be there.

KeithP

I see you mention "the 31st of December", is that the Issue Date on your Claim Form?

Did your Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

damnParking

Thanks for the advice. Ok, I have done the AoS. I just had a quick look to that post, and there is quite some information to digest. i will post again when I understand how to proceed. Thank u very much again

damnParking

KeithP wrote: »

I see you mention "the 31st of December", is that the Issue Date on your Claim Form?

Did your Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

Yeah that is the issue date, and it comes from:
COUNTY COURT BUSUNESS CENTRE,
ST KATHARINE´S HOUSE
...
NN1 2LH

Does it clarify anything?

Thanks

Le_Kirk

It means it is genuine and KeithP will be back shortly to give you deadlines for defence submission.

KeithP

With a Claim Issue Date of 31st December, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 4th February 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should 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 "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put 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.

The_Deep

Read this

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

What does your lease say about needing a permit to park? If it is silent on the matter let them take you to court, counterclaim, and take them to the cleaners.

This is an interference in your leasehold right to quiet enjoyment so complain to your MP as 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.

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. .

tu

damnParking

HI! It took me some time to find out the info needed. I have checked my tenant agreement and it does not say anything regarding the parking, however, the company that manages the building is a different one, and there are papers in the entrance with some guidelines for living in this building (noise limits, pets, smoking etc) where it mentions that the parking is managed by a third party company that can impose fines, and refers to their terms and conditions on a sign post that apparently is somewhere in the parking lot.

I guess that is not binding as a contract would be. Should I then complain to the company that rents the flat or the one that manages the building? Are there some steps to complain to my MP (I will have to investigate yet what is this).

Also I would need some help with the wording for my defence, as I am a foreigner and maybe my formal writing is not great for this kind of speech. And I would definitely prefer to have this issue fixed without having to go to court

I hope you can help me,

Thank you!

The_Deep

where it mentions that the parking is managed by a third party company that can impose fines, [/B

Do they actually use the word "fines"? All they can issue is invoices for alleged damages for alleged breaches of alleged contracts.

The wording on your landlord's lease is very important, can you get a copy from him/her.


s on invoives d

Half_way

Also take a picture of that sign, and post it up here