Parking Charge Notice issued even when permit is displayed

ianwordsworth

All that said.. thanks for the pointers and I will update as this progresses.

Half_way

ianwordsworth said:

UPDATE:

It's been over a year since I received the PCN and have received five letters from Debt Recovery Plus (each more 'threatening' than the last). I contacted DRP and contested the PCN after receipt of the first letter and have ignored all others. Last week I received a 'Letter to Claim' from Gladstones Solicitors seeking payment. I have contested the PCN with GS as well.
It's my understanding that a Letter to Claim is a mandatory correspondence before a claim can be made against me, though it doesn't mean that a claim will be made.

If a court claim is made against me - what is my next move? As mentioned in my original post, I have video evidence that my permit was on display and witness evidence albeit my partner. Do I need to present my case in a specific manner? What kind of evidence can I present in court? Can I request the claimant to provide additional information, e.g. at what times of day the parking space is monitored?

Any help appreciated.
Thanks.

With residential cases it is really important that you are pro active in complaining and dealing with this, dont just sit there and wait for the letters from the parking company and any other dregs to drop through your letterbox.

 you should never challenge this to the IAS either.

Assuming your lease/rental/whatever is clear you must make contact with whoever took the parking company on, if they ignore you take it further

Another key point is that you need to spell it out to all that you have only been displaying a permit as a courtesy and at your own discretion and offer them the return of the permit if they provide you with a return envelope .

Do not sit back, letting it progress to court while doing nothing will require substantial time, work, and effort on your part to stop things going wrong.

you need to be pro active in dealing with the management company and showing that you reject the permit system

If it does go to court, then this will show that you reject the scheme, and have tried all reasonable steps to stop it, plus the claimant (PPC) are being un reasonable in pursuing this, if they had no right to enforce parking restrictions on your land, and even after being told continued to hold and process your personal data for the purposes of pursuing a parking charge notice then you may also have a claim under the GDPR (regulations)

The management company is also jointly liable for the actions of its agents ( the parking company )

D_P_Dance

 isn't that the point of the forum to ask questions when answers are clear?

If the answers are clear why ask the questions/  

Ralph-y

the links below are the ones you need to read ...

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Johnersh

Out of interest, if you were to take a photo through the windscreen of the car, would you see the back of the permit in the quarterlight? I suspect you would.

In any case, the PPC:
1. know you have a permit, because they sent you one ;
2. know that you have an assigned bay (because they sent you a permit);
3. Are contracted to prevent unauthorised parking, not to pursue residents.

This is simply an over zealous parking attendant and should never be pursued.

I'd issue an "exhortation to leave" in the vernacular. Give an address for service if they intend to pursue this, but tell them that you will seek costs for unreasonable conduct of what is unmeritorious and vexatious litigation. 

Umkomaas

This is simply an over zealous parking attendant and should never be pursued.

Working under the orders of an even more over zealous and rapacious employing company!