Impending court case - Private parking space ticket

36Hertz

Hi Guys

Long story short........

Rented flat with private off street parking space - Rented in 2012

Nothing in contract about parking company having any rights to ticket or permits needed - Car parking company apparently started working the area in 2018 - Contract was renewed this year and still nothing about parking company nor any mention of needing permits

Letters to myself and my partner containing PCN notices - Partner does not live here but i parked her car in my spot on the date in question as i use her car frequently

I have argued as well as estate agents and to some degree the landlord with the parking company - They seem to have let my cars ticket slide but have pursued my partner to court even though they know I parked the car there.

Court claim form letter has arrived at partners house addressed to her - Acknowledgement of service form sent off with myself as defendant.

SAR request sent off - they emailed back demanding i fill out a form on website but i have replied and argued they have already proved my ID as their agent has been sending me emails as well as they fact they sent my data - Photos to third parties (estate agent) without any form of ID check

Car parking company seem to have no idea of who is even in charge of my space, nor even if they should be patrolling it nor if they should of issued tickets - Have this in email exchange between them, My estate agent and my land lord - This was after they started court action

CPM is parking company and Gladstones are solicitors


Am in the process of drafting defense letter - Can anyone have a look at what I have so far and if it is any good?

Will post below if yes many thanks

Molts

Am in the process of drafting defense letter - Can anyone have a look at what I have so far and if it is any good?

Will post below if yes many thanks

Yes of course. Post it up, personal info redacted. Plenty of knowledgeable members on here to give you sound feedback.

Hopefully you have read the newbies thread and drafted the defence based on the wealth of information contained within?

36Hertz

Molts wrote: »

Yes of course. Post it up, personal info redacted. Plenty of knowledgeable members on here to give you sound feedback.

Hopefully you have read the newbies thread and drafted the defence based on the wealth of information contained within?

Many thanks ill post it a bit later as need to edit out personal info

And yes i drafted it based on what I have found on here so far in other threads

The_Deep

They … have pursued my partner to court even though they know I parked the car there.

Has she told them that? If that is the case she should consider a counter claim.

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Le_Kirk

This doesn't sound right. Who is named as the defendant on the letter that arrived at someone else's house? If it is your partner, you cannot defend it.

KeithP

36Hertz wrote: »

Court claim form letter has arrived at partners house addressed to her - Acknowledgement of service form sent off with myself as defendant.

That worries me.

You simply cannot change the name of the Defendant by doing that.

If your partner is the Defendant named on the County Court Claim Form, then it is her that must defend the claim.

What is the Issue Date on the Claim Form?

I suggest your partner now files an Acknowledgment of Service in her name.

36Hertz

KeithP wrote: »

That worries me.

You simply cannot change the name of the Defendant by doing that.

If your partner is the Defendant named on the County Court Claim Form, then it is her that must defend the claim.

What is the Issue Date on the Claim Form?

I suggest your partner now files an Acknowledgment of Service in her name.

Yes my partner is named as the defendant - They chose to issue court proceedings on her even though myself and my estate agents and (i think) my land lord informed them before they started court proceedings that it was me who parked the car there

It said on the claim form "defendants name if different from that named on this form " (or something to that effect so i filled it in as i parked the car there?

Issue date was 7th Oct

worried now

Coupon-mad

It said on the claim form "defendants name if different from that named on this form "

Course it does; that's for people who've changed their name by marriage, etc. How do so many posters think that innocent little sentence means they can CHANGE a party to a court claim to someone else?

No.

YOU CANNOT PUT YOURSELF DOWN AS DEFENDANT AND AT THE MOMENT YOU HAVE PUT HER AT RISK OF A CCJ BY NOT ACKNOWLEDGING THE CLAIM.

36Hertz

Coupon-mad wrote: »

Course it does; that's for people who've changed their name by marriage, etc. How do so many posters think that innocent little sentence means they can CHANGE a party to a court claim to someone else?

No.

YOU CANNOT PUT YOURSELF DOWN AS DEFENDANT AND AT THE MOMENT YOU HAVE PUT HER AT RISK OF A CCJ BY NOT ACKNOWLEDGING THE CLAIM.

Whats the best plan of action moving forward then?

Coupon-mad

Check MCOL, is it showing as acknowledged?

36Hertz

Coupon-mad wrote: »

Check MCOL, is it showing as acknowledged?

Just logged on and it is showing the following:

A claim was issued against you on 07/10/2019
Your acknowledgment of service was received on 23/10/2019


Nothing else other than the options to Dispute etc etc