Residential - Car too far forward!

cp1024

I cant find a claim quite like mine, so apologies, i would like to get some advice as to what to do.
So basically i live in apartments, we have a shared carpark, i own my property, and 1 space came with my property.
Some years after, and with a different management company they decided to put the carpark under management of VCS. SO effectivly they are monitoring what i consider is a space that belongs to me and my property without asking me, for a start, i dont think that is okay.

Anyway, i was in my space, and with a valid permit, and i park slightly forward, because it doesnt block anyone( its a wide paved area that noone uses), and it allows the car next to me to get out of their space better, as their space has somthing blocking behind it.

They allege i was parked in a restricted area, by having my wheels on the line and bumper overhanging the front of the bay. I ignored it, but now i got a CC business center form for £185.

any advice? cheers.

Le_Kirk

Go to the NEWBIE thread on page one of the forum, third thread down. When you say you have a "CC business centre form" do you mean a claim form from Northampton CCBC or a LoC/LBC/LBA?

cp1024

Its called Money Claims Online
County court business center
st katherines house
21-27 st kaharines street
NN1 2LH

It almost looks legit, as it has a link to moneyclaim.gov.uk with a claim and password. ill take a look at the thread again now, thanks

Le_Kirk

That is the Northampton processing centre and is legit. You need to submit the AoS - check it all out in the NEWBIE thread.

cp1024

I will, I dont suppose i can get out of it based on information on the form being wrong? my address contains parts of my home address and parts of my works address!

I find it scary really that for parking in your own space some bunch of randomers can go and get info about you, not just registered home address, but its no coincidence they even have the road i work on in the address!!

KeithP

cp1024 wrote: »

Its called Money Claims Online
County court business center
st katherines house
21-27 st kaharines street
NN1 2LH

It almost looks legit, as it has a link to moneyclaim.gov.uk with a claim and password. ill take a look at the thread again now, thanks

Yes, yes, but what are the biggest letters on that form?

Are they Claim Form?

If so, what is the Issue Date on that Claim Form?

Detail is important and will become more so as your issue progresses.

cp1024

Yes, Claim Form dated 22nd May 2019

KeithP

cp1024 wrote: »

Claim Form dated 22nd May 2019.

With a Claim Issue Date of 22nd May, you have until Monday 10th June 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 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 Monday 24th June 2019 to file your Defence.

That's a whole month away. Loads of time to produce a perfect Defence, but don't leave it to the 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 "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.

Coupon-mad

As well as reading the NEWBIES thread post #2 for defence examples, also search this forum for VCS defence bay primacy or VCS defence space primacy

Please do those searches and see how blinking marvellous this forum is!

NeilCr

For clarity

Is the space clearly defined as yours in your lease? It's probably just the way it is written but your statement "what I consider is a space that belongs to me" leads me to ask the question.

Is there anything in the lease about parking permits?

The_Deep

If the car parking space is included on your deeds read this.

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Have you also read this?

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

Depending on whether you own the land or not there are imo two defences, no contract, or primacy of contract.

If you own the land and encroached on somewhat else's you may have committed a trespass, but only the landowner can bring a claim against you, and unless you caused him/her loss the award would be nominal.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.


thb