Pcn- parking and property management

Nalasboy

Hi,

I received a pcn (from parking and property management) parked in my own space in a private underground car park in my block of flats. Unfortunately I forgot to place my permit in the window and received a ticket. I appealed the ticket as I own the space along with my flat. I now have to appear in court next week vs parking and property management/ Gladstone’s solicitors to explain why I don’t think I should have received the ticket.

My lease does not state that a permit is needed- therefore i surely can’t be given a ticket for not displaying said permit. Is my lease enough evidence to prove that I shouldn’t have received ticket in first place?
Thanks

Le_Kirk

As you are appearing in court next week, is it safe to assume that you have received formal court papers, completed the AOS, submitted a defence,Witness Statement and evidence or are you just going to turn up and hope?

Coupon-mad

Nalasboy wrote: »

My lease does not state that a permit is needed- therefore i surely can’t be given a ticket for not displaying said permit. Is my lease enough evidence to prove that I shouldn’t have received ticket in first place?

As Le_Kirk says, it is if you filed and served it as evidence in December along with your signed witness statement, as the local court hearing letter tells all parties to do.

You can't ambush on the day with evidence, not allowed.

If as we fear, you haven't done a WS and evidence, do it ON MONDAY to the court and Gladstones solicitors, sharpish...and not by email to the court, you can't email them and expect them to print it, you should TAKE your file of evidence in advance.

NOT JUST ON THE DAY!

Before you ask, no you are not stuffed, as long as you address this, if we are right.

And yes, people have won by quickly filing & serving evidence & a WS.

Nalasboy

Thanks.
The court letter does not state that I need to do anything. It only states that the claimant needs to make payment of £25 for the hearing fee.
I didn’t realise I still needed to provide witness statement etc.
If I go ahead with the witness stamens and evidence can I simply argue that I own the space and no permit is required according to my lease and use lease as evidence?
They are arguing that the signage is a contractual document and I broke that by parking without the permit.

Coupon-mad

The court letter does not state that I need to do anything. It only states that the claimant needs to make payment of £25 for the hearing fee.
I didn’t realise I still needed to provide witness statement etc.

Wrong, read it again, on the back it tells all parties what to do, ''not less than 14 days before''. You are now late and you need to DO IT ANYWAY to avoid losing.

They are arguing that the signage is a contractual document and I broke that by parking without the permit.

Errrm, of course. That is the whole premise of every private parking scam charge.

You seriously need to play catch up tonight, and read how people have recently won their cases and crib from their Gladstones WS and evidence lists, and their costs schedules.

You need to act more quickly and are sleepwalking into losing the case if you fail to do what the court told you to do. Search the forum for:

ANOTHER ONE BITES THE DUST

and read Gladstones cases and look back at recent Witness Statements, supplementary WS, evidence lists, and ther costs schedues, and COPY, sharpish!

Show us your drafts tonight, even if it's late, show us! And not just your own narrative WS, that is only part of it...

Nalasboy

Thank you @couponmad.
Can you please see below as a first draft?
I am planning on hand delivering to court tomorrow- will this suffice?

thank you

Witness Statement

I am xxxxxxx and I am the Defendant in this case. This is my supporting statement to my defence to successful appeal a parking charge notice issued by Parking and Property Management.
I, the defendant, am not the registered keeper of xxxxx but was renting this vehicle from Enterprise rent-a-car between cxxxxxx.
I, the defendant, am the owner and leaseholder of xxxxxxxx and the owner of car park spaces xxxxxx
Defense

I, the defendant, appealed the parking charge notice as it is denied that I was in breach of any parking conditions or was not permitted to park in a space owned by myself. As I am the leaseholder of both the property and car parking space, I assert that there was an absolute entitlement to park where I did when I was issued said PCN, in agreement with the lease, which cannot be fettered by any alleged parking terms.
The lease terms provide the right to park a vehicle in the relevant allocated parking space- specifying that it can not be a commercial vehicle nor can professional maintenance be taken out nor allowing detonation of the vehicle. It does not state that a permit is required to park in the allocated space.
A copy of the lease will be provided to the court.
I, the defendant, insist that the operators signs cannot override the existing rights of the residents and their visitors. I will rely upon the judgment of Pace v Mr N [2016] where it was found that the parking company could not override the tenants right to park by requiring a permit to park.
I, the defendant, deny that there was any agreement between myself and the claimant that there was any obligation to display a permit.
It is denied that the claimant has standing to bring any claim in the absence of contract that expressly permits the claimant to do so, in addition to merely undertaking parking management. The claimant has failed to provide proof of any such entitlement.


Cost Schedule

2 night shifts missed- £300

The_Deep

When you say that you own the space, what do you mean? Do you mean that it is part of your demised property and entered at the Land Registry? If so they have almost certainly committed a trespass, read this.

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

If not, and the car park is on communal land, read this

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]

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

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.

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.[/FONT]

Coupon-mad

Remove all the awful ''I, the Defendant'' phrases, horribly bad English by whoever's WS you copied!

That will not suffice, no, as I said:

And not just your own narrative WS, that is only part of it...

You will see from all the winning threads, what ELSE to serve to the solicitors and to put in a ring binder file to take in person to court this week.

You need to live and breathe this for a few hours, and put it right. This will take you one more day at least, so no submitting that tiny little WS yet.

Nalasboy

Thanks will change that now.

In terms what else I was planning on adding a copy of my lease and the other case I mention. I don’t know what else I would need to add?

I have read through so many other cases and can’t see what else I would need to add. Please can anyone advise. Thanks

nosferatu1001

You add anything and everything you can think of to *evidence your defence*
If your defence claims there are no signs, then obviously you supply photos showing that.

go through your defnece
Any thing you claim, you should try to substantiate where it is in your power to do so.

Nalasboy

Thanks for everyone’s help.
I was court today and the case was thrown out. Judge said that he had no idea why they think they have any legal rights due to signage. The solicitor was very unhappy!
:beer: