N1 Claim Form from PCM for parking in resident bay (as a resident) w/ expired visitor ticket

FightingPCM

I've just received a N1 Claim Form on behalf of Parkin Control Managment (PCM) as I parked in a resident parking bay (while being a resident of the estate) with an expired visitor ticket. Can anyone help with answering this claim? I will outline the case to date as short as I can.

Back in 2017 a new scheme was introduced to the residents of my estate by PCM, and visitor parking tickets were scrapped. In accordance with this, I contacted PCM to register my vehicle under my property. They signed me up on the system (and confirmed this year that they have the fact that my car's license plates are registered on their system under a resident) but they didn't send me a new parking ticket.

I did not keep track of the fact I didn't receive a new parking ticket and a year later I forgot all about it as I hadn't been parking in resident bays. Unfortunately the side road I usually parked in was full so I parked in resident bays in the summer of 2018. I then received 4 PCM notices in the space of 48 hours.

I was able to remove 2 of them, as they went against their own rules which state they can only give a parking charge every 24 hours, but two parking charges remained.

As a resident it is in my contract to use common land - but PCM is limiting this right, by - knowing I am a resident and giving me parking charges. Furthermore, they never sent me the parking ticket I applied for - and when I appealed (there's only one stage of appeals with them), would not provide proof of postage or delivery of the parking ticket.

Could someone help with what would be best to reply to PCM. The Claim form states that I parked in breach of the terms of parking stipulated on the signage (the contract) of my estate.They also claim I agreed to pay the notice (not true).

KeithP

Hi and welcome.

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

FightingPCM

KeithP wrote: »

Hi and welcome.

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Hi Keith, The claim came from Northampton and the issue date is 20th Feb 2019

KeithP

FightingPCM wrote: »

The claim came from Northampton and the issue date is 20th Feb 2019

With a Claim Issue Date of 20th February, you have until Monday 11th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link 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 Monday 25th March 2019 to file your Defence.

That's over a month 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

why do you need a permit? What does your lease/AST say about the need to display a permit or paying a third party if you do nort display one? Does your lease have primacy? Do you have a reserved place? Read this

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

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

ShakeItOff

You mention that they knew your VRN was logged on their system, having updated it. Have you submitted a Subject Access Request to PCM to see what information they hold about you? If not, use the NEWBIES thread to get the Legal Beagles template and ping the SAR off by email to them. They have 30 days to respond, and it may be helpful to you in respect on your defence and/or witness statement.

Other thing you might find handy is to search the forum for PCM or looking for "another one bites the dust" (the tag line of cases won) to see if you can find a similar case - they are out there.

FightingPCM

Hi there, thank you so much for your replies! I really appreciate them, including the guide - sorry for not looking at it earlier!

So I've gone ahead and put forward a SAR request to PCM and informed Gladstones solicitors of it.

I'm now filling out the Acknowledgment of Service but I have a question - This car is on contract hire for my business, therefore I'm not the registered keeper. Should I change the Defendant's Fullname to my company name on the Acknowledgement of service? I don't really want to be personally liable for this is avoidable!

FightingPCM

Below is the parking section of my tenancy agreement (couldn't add images because I'm a newbie!). It says that I need to ask permission to park heavy good vehicles etc. - which I assume means that I have a right to use all other common land? There's no information on parking tickets being necessary.

Parking
a) You must not park, leave or abandon on [The estate]'s land (including the parking and shared areas) any motor vehicle (or part of a vehicle) that is an unroadworthy condition or untaxed (unless it is the subject of a valid Statutory Off Road Notice - SORN).
If you do, we may remove and get rid of it. Before we do this we will put a notice on the vehicle that we will give you 14 days to remove it. If the motor vehicle (or part) is in a dangerous condition, we may remove it without notice.
If we remove or get rid of a vehicle (or part of it), you must pay us any reasonable costs we have had to pay within four weeks of a written demand. Neither you, or any person living in or invited to your home have the right to claim against us for any loss arising from us lawfully removing or getting rid of the vehicle (or part of it).
b) You may only park motor vehicles on the property if there is a garage, parking space or hard standing with a (properly authorised) dropped kerb.
c) You must only park in areas which are set aside for parking and you must not park any motor vehicle on the roads leading to or on the estate or on access ways to garages if this causes a danger, a nuisance or annoys your neighbours or other residents on the estate You must never park a motor vehicle in any place that obstructs access by emergency Services.
d) You must get our permission before you or anyone living in or invited to your home, pars any heavy-goods vehicle, public service vehicle, trade or commercial vehicle, caravan, boat or similar item on any land we own.

How would I check if my lease has primacy? The lease does say at the beginning that "With the exception of changes to the rent and other charges, the terms and conditions of the Tenancy Agreement cannot be charged without your and our permission" - is this sufficient?

(sorry to not quote you guys! newbie rules dictate i can't use links and most of you have used them in your replies )

KeithP

FightingPCM wrote: »

Hi there, thank you so much for your replies! I really appreciate them, including the guide - sorry for not looking at it earlier!

So I've gone ahead and put forward a SAR request to PCM and informed Gladstones solicitors of it.

I'm now filling out the Acknowledgment of Service but I have a question - This car is on contract hire for my business, therefore I'm not the registered keeper. Should I change the Defendant's Fullname to my company name on the Acknowledgement of service? I don't really want to be personally liable for this is avoidable!

The Defendant is named on the Claim form.

If as an individual you are named on the Claim Form, then you are the person who needs to defend the claim.

If the company is named as the Defendant, then the company should do the Acknowledgement of Service in their name and will need to defend in their name.

Simply, the Defendant cannot be changed.

Coupon-mad

Agreed, you CANNOT change the name of the Defendant and must use that name.

How would I check if my lease has primacy? The lease does say at the beginning that "With the exception of changes to the rent and other charges, the terms and conditions of the Tenancy Agreement cannot be charged without your and our permission"

There is no 'check' needed.

You would argue that your lease has primacy of contract because you have rights of way, rights to peaceful enjoyment and quite possibly enjoy easements allowing you to park under your agreement.

So no new terms can be bolted on by some random third party.

It is for the Claimant to prove otherwise, not for you to prove as such. You just provide the evidence at WS stage, that supports your case.

FightingPCM

KeithP wrote: »

The Defendant is named on the Claim form.

If as an individual you are named on the Claim Form, then you are the person who needs to defend the claim.

If the company is named as the Defendant, then the company should do the Acknowledgement of Service in their name and will need to defend in their name.

Simply, the Defendant cannot be changed.

Coupon-mad wrote: »

Agreed, you CANNOT change the name of the Defendant and must use that name.

There is no 'check' needed.

You would argue that your lease has primacy of contract because you have rights of way, rights to peaceful enjoyment and quite possibly enjoy easements allowing you to park under your agreement.

So no new terms can be bolted on by some random third party.

It is for the Claimant to prove otherwise, not for you to prove as such. You just provide the evidence at WS stage, that supports your case.

Ah thank you both, It's very annoying that something that's a company matter is being put on me but I guess that's just another thing to raise in the defence!

I was looking to send an AOS online through MCL but I don't have a defense pack password on my claim form - is this normal? Should I send the AOS on email to the court?