Possible county court claim

Bunnygirl7

Hi All

looking for some advice on private parking ticket, I have read the newbies blog & seem to very confused.

i have a private (pcm) in my communal car park, last year pcm have said they served me with 4 !! Separate parking tickets, none of which I received, however in the post on Monday I received a letter from County court, with notice of taking me to court with Gladstone’s solicitors, I’ve logged online to respond to my claim & have stated I will be defending my case as I’m outraged to have parking tickets in a car park where, not only do I live but also my car, v5 doc, car insurance & car tax are All registered to my address.

so the long & short of this is, how to I defend my case ?

thanks in advance for any help

Redx

I hope that in doing the AOS you did not write anything in the defence box ?

The typical defence template is near the top of this forum requiring only 2 paragraphs to adapt as required

Post the issue date from the claim form , plus the date the AOS online was done, below

Email a SAR to the DPO at pcm to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law

Coupon-mad

Why are you asking how to defend, when the NEWBIES thread tells you there is a template defence?  And it's right there at the top as another sticky pinned thread... to assist everyone and stop people asking 'how do I defend my case?'

We really hope you DIDN'T click to 'start defence' online?

D_P_Dance

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Fruitcake

What does your lease say about parking, parking tickets, parking charges, and court claims? What it doesn't say is just as important. This will have primacy of contract over anything a third party scammer says. If you already have an unfettered right to park, the scammers cannot amend or take away that right.

Have a look at what judges think about this.

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

What happened when you complained to the landowner/managing agent?

Have you complained to your MP yet about this unregulated scam?

D_P_Dance

Have you read this? 

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 Tenants Acts.

Bunnygirl7

thank you all for the suggestions, 
could somebody point/ copy the link for the defence case template, I have gotten to the SAR & making Gladstone's aware, I have downloaded the Britannia v Crosby to add to the defence claim but can't find the newbie 2 post. 

many thanks

D_P_Dance

The template is in the newbies at the top of the index page.  Reading and understanding it is essential in order to fight these charges.

Le_Kirk

D_P_Dance said:

The template is in the newbies at the top of the index page.  Reading and understanding it is essential in order to fight these charges.

Today is is one click back and the first thread in the list.

Umkomaas

Each of the stickies is now titled 'Announcement' (in a red oblong) and the 5 of them are pinned to the top of the forum thread list, one page back from this one. 

Bunnygirl7

just looking for a what i should do next..
i sent my defence with corsby attached via the courts email address, as suggested through the step by step guide, unfortunately the court did not pick this up at served me with a ccj, i called the court to say i had already sent the information as requested, they asked for proof, which i sent, it was deferred back to a judge.
Today i received a letter to say judgment is set aside, a note underneath says, this order has been made without hearing under the courts case management powers contained in the civil procedure rules part 3. you may within 7 days of the service of this order, apply to the court to set aside or to vary the order under part 3.3 rule 5(a). you must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. when your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

so the question is, can i proceed in the same manner as the advice outlined on here, or will i need to file in a different way.
many thanks.