Alliance Parking - A S Parking

360ollie

Perfect, Thanks Coupon 

360ollie

Hi all, hope you’re well!

update with the PCN’s.
one of PCN’s has been cancelled! (after sending a few emails to the Estate/ land manager) I finally received a reply!

The issue is however, the land is split up into 3 estates. The estate that I stayed in does not cover the visitors side of the land and therefore cannot get remaining 2 cancelled. (this is done by another estate manager/ residents scheme). All 3 estates are on the same piece of land and all use alliance parking.
NB- I will try and get hold of the estate manager who deals with the visitors.

 The main point of this update was to mention I have yet to receive a statement of claim which provides sufficient information (1month since I sent the letter by post) and also nearly a month since I requested a SARs (15 days over the time requested to send me this info- I gave it abit long to allow for COVID) but nothing yet.

I said I would seek the courts advice if they fail to meet the deadlines when sending the letter. What should I do now? I’m guessing that if it does go to court I can show the court this information and hopefully have sanctions placed on them.

Is there anything I can do or send to them in the mean time?

many thanks 
Ollie

KeithP

They have a calendar month to reply to a SAR. They do not have to comply with any tighter restriction you may impose.

Nothing more for you to do. Wait patiently for a County Court Claim Form to drop through your letter-box.

While waiting, you could be thinking about writing a Defence.

360ollie

KeithP said:

They have a calendar month to reply to a SAR. They do not have to comply with any tighter restriction you may impose.

Nothing more for you to do. Wait patiently for a County Court Claim Form to drop through your letter-box.

While waiting, you could be thinking about writing a Defence.

Hi Keith,
With regards to statement of claim, they haven’t provided me with any details, so therefore not complied with the CPR or PD’s?

For all intents and purposes, I don’t actually know what grounds/basis they’re bringing a claim. Their statement of claim only stated that I owe them money for an outstanding debt?

Le_Kirk

You will (should) receive full particulars of claim when you receive the court claim form from Northampton CCBC.  If the claim form does not give full particulars, you can use this in your defence (as ONE of your technical/legal arguments).  However, it doesn't seem to bother judges from cases I have read on the forum.

Coupon-mad

I don’t actually know what grounds/basis they’re bringing a claim. 

Reply and ask - and point them to the pre-action protocol for debt claims and tell them you want a full explanation and a copy of the contract (the sign) that they are relying upon.

And what possible legitimate interest do they think exists for harassing legitimate visitors, because the ParkingEye v Beavis case doesn't save them and predatory ticketing like this is fully distinguished from the Supreme Court case.

360ollie

KeithP said:

They have a calendar month to reply to a SAR. They do not have to comply with any tighter restriction you may impose.

Nothing more for you to do. Wait patiently for a County Court Claim Form to drop through your letter-box.

While waiting, you could be thinking about writing a Defence.

I checked my emails and I sent the email for a SAR’s request on the 5th of last month. Tomorrow is the 5th... So with regards to SARs is there anything I can do with this, that fact that the haven’t complied with the time period. Presumably use it as part of my defence in some way?

Coupon-mad said:

I don’t actually know what grounds/basis they’re bringing a claim. 

Reply and ask - and point them to the pre-action protocol for debt claims and tell them you want a full explanation and a copy of the contract (the sign) that they are relying upon.

And what possible legitimate interest do they think exists for harassing legitimate visitors, because the ParkingEye v Beavis case doesn't save them and predatory ticketing like this is fully distinguished from the Supreme Court case.

Okay brilliant, I will get onto that shortly! 

Thankyou!

Umkomaas

360ollie said:

KeithP said:

They have a calendar month to reply to a SAR. They do not have to comply with any tighter restriction you may impose.

Nothing more for you to do. Wait patiently for a County Court Claim Form to drop through your letter-box.

While waiting, you could be thinking about writing a Defence.

I checked my emails and I sent the email for a SAR’s request on the 5th of last month. Tomorrow is the 5th... So with regards to SARs is there anything I can do with this, that fact that the haven’t complied with the time period. Presumably use it as part of my defence in some way?

Not a game changer in the context of your Defence, but you could cause the PPC some minor grief by lodging a complaint with the ICO. However, I doubt they'll be interested unless a week or two have passed since the deadline, they're not working with stopwatches on this. 

nosferatu1001

It does not provide any form of defence to the underlying charge 

just cis they did wrong doesn't mean the driver might not also be in the wrong. 

360ollie

Good evening all, 
Another update on the parking dispute, I know its been a while and you've probably lost interest now!  so apologies about this!

As far as I am aware, we have managed to get 2 of the 3 PCN's cancelled through speaking to property managers etc...  
But yet again, I have received another LBC for the same PCN. - https://www.alliance-parking.co.uk/county-court/

However, I have ALREADY filed a LBC reply for this on the 29/05/2020 stating that I was to defend the claim and that I required more information. The information that I asked for is as follow's:

1. ·         I request a full copy of all statements of accounts, all photos of all 3 cases as well as times and dates.
2. ·         Details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated,

As well as this I attached my reply (defence?), as followed:

1.     May I remind you that I had parked my vehicle in the ‘visitors bays’. These are bays that do not have any markings across them or signs to suggest that they are used solely for visitors. As you can see, I have also taken a photo of the sign outside the bays. (I attached an image of the sign displayed and a picture of the bays without any markings at the time of the PCN).
2. The parking sign reads - ‘Parked without a Valid* permit displayed face-up on the dashboard or attached to the windscreen, enabling all of the printed information to be inspected’
3.  *Permits are not valid for commercial vehicles parked between 19:00-07:00
4. This is the only information that your sign provides on the definition of ‘Valid’
5. Looking at the photo’s that your attendant had taken of my car, you will be able to see that I was displaying a permit, sent by Alliance Parking, dated 01/01//20. Objectively, I would argue that this is a valid permit on the basis that there is no ‘Visitors bay’ markings and that your parking signs do not provide adequate information on the term ‘Valid’.
6.  Furthermore, with regards to the permits that were issued. Your company had not completed all the sections on the permit, neither had they been filled out correctly.
7.  I obtained and displayed at all times a valid permit that complied with the information on your signs. Your employees had issued the ticket wrongly, and your signs do not provide clear terms of parking.
8. No financial loss will have been made to your company as my girlfriend was a resident at the time. 

*Side note* - If you look at the link to their county court pack, they've put in bold print: 'The charge is disproportionate to any loss:  The Supreme Court of Appeal ruled that the charge need not represent any loss.' but failed to provide a case?! Is this one of those rare judgements or is it common law?

I signed, dated and sent this response back to their litigation departments address on the 29/05/2020 and never received the information I requested in the LBC reply? 

What are my options now while dealing with such an incompetent company? 

If I need to send this off again, I will insert Coupons case law also to strengthen my defence. 

Coupon-mad said:

I don’t actually know what grounds/basis they’re bringing a claim. 

Reply and ask - and point them to the pre-action protocol for debt claims and tell them you want a full explanation and a copy of the contract (the sign) that they are relying upon.

And what possible legitimate interest do they think exists for harassing legitimate visitors, because the ParkingEye v Beavis case doesn't save them and predatory ticketing like this is fully distinguished from the Supreme Court case.

Kind regards,
360.

Edit, if you require me to upload a image of the sign, I can do so!

Edit 2; this was the first time we had an issue with interchanging our visitor permits and the designated bays permits. I had used both visitor permit and bay permit and never had any issue as they were all valid and there was no information on the signs to show the difference. 
It was only until after receiving our latest permits that we verbally told by the flat/ housing management that we were not meant to interchange. By that time it was too late...
I spoke to many of the parking attendants and they reinforced the point that so long as we had a permit then we were fine to park in either bay! -promissory estoppel.