ANOTHER ONE BITES THE DUST!

Ralph-y

hi, and welcome to the forum ........

there will be plenty for you to read up on ...

go to the newbies thread/ discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

dealing with more that one enquiry per thread/ discussion
 only leads to confusion

then visit the start page

https://forums.moneysavingexpert.com/forumdisplay.php?f=163&order=desc

where you will find the 'new thread button  ' 'new discussion'


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Ralph

nosferatu1001

Brilliantly done Lego! 

D_P_Dance

Lynsey, please read this. and start your own thread if you need advice.

http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

What does your lease/AST say about parking? Does it mention the need to display a permit? 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 Ten Acts.

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 enacted

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

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

Snakes_Belly

Very well done. Love to see VCS hit where it hurt's them most. 

I would be tempted to write to the management company. You must be paying them to manage the communal area's which includes the car park. You are not paying them to be dragged through the courts. Maybe they will think twice about renewing VCS's contract. There has to be a better way to manage the parking that to employ this company. 

Le_Kirk

This is a post from March 2nd so we have already congratulated the OP.  Linseygirl1 already has a thread running and has received advice on it.  To @Lynseygirl1 if you want to ask a question of a previous poster, it is best to send a PM (use the facility at the top of the page - it's a bit like an e-mail system) rather than on the open forum and it just confuses posters as you can see from the responses to your post.

Coupon-mad

Lego posted his documents earlier in the thread I'm sure.

HamzaM21

Lego-9 said:

Tuesday morning last week I successfully defended 2 residential claims (consolidated) before DDJ Royle in Sheffield. DDJR really went to town on the C (VCS). It was a joy to be part of – a joy to win and see the C shattered. Thankfully, I landed a very clued up Judge (J) who was very appreciative of my novice and commended efforts that I made + awarded my costs +£600. However, these efforts were not just mine so I consider this victory, ours. 
Thank you to everyone on this forum. Thank you to the expert members and their tireless efforts to make this forum an oasis amidst these pirates and their PCNs. Without this collective, many people would unfortunately succumb to the PPCs. In my instance and many others, it goes to show with a bit of research and some extra time in your day can go a long way in succeeding and defending a claim. I hope I can continue to help anyone that intends (strongly suggested) to defend a claim. 

The J dismissed the claim on three counts + grilled the C for further negligence. 

The J was satisfied that my Tenancy gave me unfettered right to park my vehicle in the noted grounds and the PPC had no right to override my rights through imposing conditions of parking without being an agent or party to the tenancy.

The J also had been satisfied that there had not been a clear chain of contractual command from the PPC to the landowner. I had requested the chain of command at LBC stage (Template Used). The contract provided by the C at my set aside hearing had not been an agreement with the landowner. I made my main defence around this point. Read through the contract and applied for a Land Registry title to evidence that the landowner had not been the party in contract with the C.

The J would have been willing to dismiss the Claim just off the fact that the witness statement had been provided by someone who had been employed a year and bit after the event of parking and would have dismissed their WS. 

The J went further on to grill the C for sending the WS on the morning of the hearing and lack of detail of their POCs. The J further went onto to state that they were perilously close to being in a position to award further costs for unreasonable litigation under CPR. 

The J awarded my costs for the day + set aside hearing fees. Tried to push my £1200 total cost but the J wasn't satisfied, although very close they were, that the C had acted and litigated unreasonably. 

Please do ask anything about the process and I will do my best to respond!
Happy fighting everyone.

 

@Lego-9 Hi mate, amazing to read about a win against these parking scams. I have my hearing coming up and am very anxious about the whole process as I never seem to have luck on my side with these things, despite remaining on the side of compliance at all stages of my life. However, in my case the parking company is saying that I have not paid and that my car was parked without displaying a valid ticket on site. I however, have bank statements showing payment going out to Excel Parking services for the date of the contravention and have also had evidence for another bogus claim (which went to CCJ stage as I was unable to respond in time), but nevertheless they are trying their hand again and trying to claim twice for the same POC albeit different cars of mine. I have referenced this in my WS, but would be good to get a low down of what I should expect at the hearing as my heads all over the place at the moment. My WS and claimants WS supplementary WS can be found here should you wish to read over it to help provide any pointers. Anything would be appreciated. Thanks

https://www.dropbox.com/scl/fi/74jm66de58koetrl60l7y/bundle-supplemental-statement-k6qz7591_N-Redacted.pdf?rlkey=f1fg24t8p85c3mn84c7hl0x6g&dl=0

Coupon-mad

This win is from over 3 years ago.  It's an archive thread and well out of date now.

The OP hasn't been here for 2 years:

Jun 11, 2018

Join Date

Nov 30, 2021

Last Active

This isn't the thread you are meant to go to when you search the forum for keywords:  Another One Bites the Dust.  
You are supposed to change the search to NEWEST when you use the search function.