Pulse colindale victory

FUKCPM

Hi all,

Firstly would like to thank all the members of this thread for my success in defeating Gladstone in Court a few weeks back for issuing me tickets for parking in my own space without a permit - genuinely if it wasn't for you and a kind neighbour of mine (who will remain nameless) I would have stood no chance!

For anyone having second thoughts on going through with an appeal please stick with it as even the court process is nowhere near as daunting as it sounds - and if any one would like my help for Colindale or any related ticket I am more than happy to share my time, documents and experience with them..



P.S. for the pro's out here - I have previously been issued with 2 or 3 CCJs whilst abroad for unpaid and unchallenged PCNs that I had accumulated over the years - out of guilt for not sending me my post my sister paid them off unwittingly. Given my recent victory can I now apply to set those aside and have the monies she paid on my behalf refunded? May be a long shot but I am willing to do what it takes..

Coupon-mad

Well done - another one bites the dust! :T

Did you succeed without even starting a thread, juts by reading what to do and with a neighbour supporting you? Well done!

As for the CCJs, if you have only just learnt about those from your sister, or credit report, in 2019, then yes - possibly - you can apply for those to be set aside, but only if you can show that the PPC were at fault by not serving the PCNs to you at your last known address.

FUKCPM

Thank you coupon-mad - your advice has been invaluable. Incidentally my neighbour did do a post here and his case was practically identical to mine so I felt it sufficient to follow his!

In terms of the CCJs I did not just find out about them - I discovered them upon my return a few months back but this case was awaiting a court date at that stage. I thought it best to allow this to conclude before taking action on the historic ones. I did raise it with the judge on the day of the hearing and he seemed to also think that it was too late.

FUKCPM

Dear all,

Sorry if this has been raised elsewhere (if it has kindly point me in it's direction) but after the case above was won two things have occurred which I would like to gain advice with regards to how to challenge correctly:

1. A plumber who visited my premises parked in my space and received a PCN despite displaying a note stating that he was on call and if any issues to ring his mobile - a claim has now been lodged with the courts.

2. I have receive 3 PCNs since on random occasions even though I never display the permit forced upon me - no claims have yet been lodged with the courts.

Given I have already won a case before in the courts can I simply use that as my defence? And is there room for a claim for compensation on these occasions given UKCPM are now just annoying/harassing me and wasting my time?

Would love to hear some positive news on this!

Many thanks as always..

Fruitcake

An authorised visitor using your space with your permission will have to be appealed/defended by the keeper of that vehicle themselves, but using the wording of your lease/AST and possibly the court judgement in your own case.

The other PCNs that you have received should all be refuted/rebutted using your lease/AST wording plus the judgement from court in your favour.

You need to be attacking the MA/Landowner or whoever employed the scammers, as well as forceful complaints to your MP about this unregulated scam.

By the way, I really like your username.

FUKCPM

Thank for the advice and the kind words Fruitcake - seems a shame that the last case cannot just simply be used as a precedent and no need to go any further. I do have my old defence to hand so no big issue either way.

Will I/my plumber be able to receive compensation given the previous case in my favour? Just feel like these clowns surely cannot continuously make me go through this over and over again with no recourse..

Fruitcake

It all depends on the wording of your lease/AST. If you and your visitors have peaceful enjoyment with unrestricted parking rights and primacy of contract, then you have a case against the scammers for DPA/GDPR breach and can make a claim or counterclaim of about £500 per "offence."

twhitehousescat

I got fed up of licking the stamps on the %^&p my old boss used to send out

Redx

Google Ukpc versus Davey success

That is how you get back at them properly

A previous court case like yours may be persuasive in any future cases but it doesn't set a precedent unless it goes to higher courts

An injunction is persuasive, hence why Roger Davey did one

Umkomaas

Given I have already won a case before in the courts can I simply use that as my defence?

Should it get to the position of them pursuing you again through a court case, and to all intents and purposes the details are the same as your previous case, check out the legal term 'Res Judicata'.

It will not apply to your plumber's case. You could, however, be his key (and powerful) witness should he get to an actual court hearing.

The_Deep

As others have said, this may be interference with your leasehold/AST rights to quiet enjoyment of your property, and possibly an offence under the Landlord and Tenants and/or Housing Acts.

Could you please let us have a summary of the court proceedings, it is always good to read about a scammer being thrashed in court over an "own space" case. Did you ask for unreasonable behaviour costs?