Impending court case - Private parking space ticket

Le_Kirk

Six years to start court cases of this type. If you have got to the point of submitting the AoS, when you submit your defence, attach a covering letter detailing both cases (by reference number) and request that they be consolidated to save the court time and expense. You could search the forum for two claims abuse of process by Coupon-mad and have a look at this post and similar you might find.

KeithP

36Hertz wrote: »

Issue date was 11th Nov - Can someone tell me the deadlines I have?

If you are saying that you have a County Court Claim Form with that Issue Date, then yes, I can do that.

With a Claim Issue Date of 11th November, you have until Monday 2nd December to do the Acknowledgment 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 16th December 2019 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.

36Hertz

OK So update time for this...

So I have had an email from my estate agents as I have been talking to them about this for some time.

The car parking space in question is in a carpark which has spaces for multiple flats in our row of houses which are owned by multiple landlords.

Apparently my estate agents used to do the block management for the car park and were the ones who signed a deal with the car parking company

How ever it now appears that they have worked out that they stopped doing the block management quite some time ago and the land owners took back control of dealing with this - Which I would assume means that the car parking company has no contract in place and should not of been issuing tickets.

Apparently my landlord has struck a deal with the parking company and is going to pay the two fines that have been put on my two cars

BUT the estate agents want me to sign an amended agreement that says i now adhere to the parking company rules regarding permits

The estate agents are pretty insistent that I sign this amendment TBH not sure that I really want to as it then ties me to having to agree to the car parking company's rules - Also not really wanting to sign it before court cases are shut down as surely it would be an admission of guilt?

Seems to be something fishy going on here as not sure why the landlord would agree to pay it if there was no contract in place

I now have the estate agent hassling me to sign this new agreement

I am also wondering if i can now counter claim against the car parking company for wasting my time and also breech of data protection - I dont have the exact date the estate agents stopped doing block management but im pretty sure its going to be a lot longer than the time period of when the tickets went on the cars at the end of last year. But surely if no contract in place then they should not of been issuing tickets?

I also know for a fact that they are un able to find out who owns one section of the car park as it was resurfaced a few months back and one area was not done as they could not find the land owner - Surely this means that CPM dont have permission from all landowners for the area so they are unable to get a contract signed by all landowners to work there?

I still have to submit defense for second hearing but first hearing has been submitted can I add on something to the defense for that regarding this if needed?

Coupon-mad

Apparently my estate agents used to do the block management for the car park and were the ones who signed a deal with the car parking company

OK.

How ever it now appears that they have worked out that they stopped doing the block management quite some time ago and the land owners took back control of dealing with this - Which I would assume means that the car parking company has no contract in place and should not of been issuing tickets.

Sounds like the Managing Agents never told them, so this is the Agent's fault (assuming you mean the actual MANAGING AGENTS for the estate/flats, and not your own 'letting agent' who cannot have taken out a contract with a parking firm).

Apparently my landlord has struck a deal with the parking company and is going to pay the two fines that have been put on my two cars

OK but I wonder if in fact the Managing Agents are going to pay the PPC off to cover their backs.

BUT the estate agents want me to sign an amended agreement that says i now adhere to the parking company rules regarding permits

Absolutely NOT.

Tell them that you object to this derogation from grant, and realise someone is trying to cover their backs, and that you will not sign away your rights so that designated bay MUST NOT have parking enforcement, and you are sure your landlord won't agree to vary his lease to take away unfettered parking rights, either.

The estate agents are pretty insistent that I sign this amendment TBH not sure that I really want to as it then ties me to having to agree to the car parking company's rules - Also not really wanting to sign it before court cases are shut down as surely it would be an admission of guilt?

They are trying to cover their backs, tell them you realise this and refuse to amend your agreement, which was provided by your landlord, flowing from his leasehold title, and grants unfettered parking rights to one bay, or on a first come first served basis of several bays, without permit or penalty (does it?).

Seems to be something fishy going on here as not sure why the landlord would agree to pay it if there was no contract in place

I agree.

I now have the estate agent hassling me to sign this new agreement

Not surprised, they want to sort out their previous oversight & cover their backs, and they are stuck with a contract with the parking firm until they end it (at a cost) and it's cheaper to try to knock you into line and continue with the contract with the PPC as if nothing happened. DO NOT AGREE.

I am also wondering if i can now counter claim against the car parking company for wasting my time and also breech of data protection - I dont have the exact date the estate agents stopped doing block management but im pretty sure its going to be a lot longer than the time period of when the tickets went on the cars at the end of last year. But surely if no contract in place then they should not of been issuing tickets?

True, but I doubt the PPC knew that. I say it's the Estate Agents' mess up, leaving a contract in place that is now effectively void in some parts of the car park. They are trying to make the best of it and keep the PPC sweet, and cover it all up - no, no, no.

I also know for a fact that they are un able to find out who owns one section of the car park as it was resurfaced a few months back and one area was not done as they could not find the land owner - Surely this means that CPM dont have permission from all landowners for the area so they are unable to get a contract signed by all landowners to work there?

It's the Estate Agents again who messed up, they can only alter your landlord's lease (assuming that's a private landlord) by imposing parking charges and onerous restrictive terms, if thy obtained a 75% consensus of agreement from ALL leaseholders, with no more than 10% objecting.

The Agents will have undertaken no such consensus, and have breached the Landlord & Tenant Act in terms of trying to vary leases and cause a private nuisance to the residents. This is called 'derogation from grant' in that they have taken away or adversely altered rights already granted and affected your (and your landlord's) peaceful enjoyment of the designated parking space. Derogation from Grant is not allowed.

I still have to submit defense for second hearing but first hearing has been submitted can I add on something to the defense for that regarding this if needed?

Yes, and add the wording about getting both cases consolidated into one hearing. Repeat the magic words about consolidating the cases at EVERY stage, and you will find the words by searching:

two claims? abuse of process consolidate

36Hertz

Also worth noting is that CPM although they acknowledged my SAR request it has been nearly two months now and they have not sent me anything in any way shape or form for that - What do i do about this?

KeithP

Give them seven days notice then complain to the Information Commissioner's Office.

36Hertz

Update:

So I have just checked on MCOL and even though I politely told my estate agents that I do not want this paying by my landlord (or as I suspect them) they have gone ahead and paid both claims which is now showing both claims as PAID on the MCOL system

Not exactly happy about this as I would of quite happily gone to court for both cases especially as I have it in writing that the contract between CPM and the Landowner did not exist

I also feel that if it happens again they can say "well you paid last time" as it looks like we did even though it was not me who paid which kind of makes it look like an admission of guilt

Guessing there is nothing I can do now and I do not need to bother filing any defense now? (Was going to do this today)

Any advice??

Also I am away now until next weds which is after defense should be submitted by so today was last chance to do that for me - Guessing I have no need to now but is there any reason I should do it (if i even can?)

The_Deep

Guessing there is nothing I can do now


Of course there is. Why not write to the PPC saying that this was paid without your knowledge or consent, and ask them to refund monies paid and take you to court if so inclined where you will consider counter-claiming for data breach and trespass.