Claim from form country court for unpaid PCN charges

Fruitcake

You should include the judge's findings from the Jopson vs Homeguard case where he stated that loading and unloading is not parking. The relevant part begins around paragraph 19 - 20.

At the end of your para 3, add a line that varying a resident's lease without holding a ballot of all landlords and leaseholders is a breach of the Landlord and Tenant Act 1987, Section 37. 

D_P_Dance

Above expanded on here

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Have you complained to youir MP?

alexrider

Thanks @Fruitcake @D_P_Dance for your inputs,

• was looking at the Jopson vs Homeguard case judgement, however I coudn't conclude if I should include  para 19-20 in my defence from judgement, or should I refer `as per the Jopson vs Homeguard judgement loading/unloading shouldnt be consideredas parking`, please advise?

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

• I havent complanined to my MP yet, should I write to MP asking him to intervene or just taking this to his notice ?

• newbie template mentions about writing to slolicitor, can I understand if we are requesting to put the case on hold for 30 days ?

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

Le_Kirk

If you are writing a defence you have gone beyond having the case put on hold for seeking debt advice as that is pre-action protocol and you are now in the action phase.

Fruitcake

Quote Jopson vs Homeguard and the case number, and a one liner where the judge stated that loading/unloading is not parking.

Expand on what the judge said in more detail at the Witness Statement/Exhibits/Evidence stage that comes later.

Complain to your MP about this unregulated scam. Ask her/him to intervene, and to talk to the Right Honourable Sir Greg Knight MP if they need further information about the scam.

alexrider

Thanks @Fruitcake and @Le_Kirk

Have written to solicitors requesting to put the claim  'onhold', they have coem back after a week requesting the following info and mentioned this may not be dealt as a prioroty, howwver I have replied and told then all the information should be available with them based on the claim number and ask them to put on hold ( I have misplaced BW legal letters, and dont want to give away additional information)  Hoping this is fine, also wanted to understand if 30 days hold comes into picture when I write to them or when I accept th AOS,

BW Legal Reference:
Full Name:
First Line of Address:
Postcode:
Telephone Contact Number:
Vehicle Registration:
Vehicle Make or Model:
Parking Charge Number:
Street Name or Car Park:
Authorised Email address:

Have written to MP and waiting for them to respond.

Also Im trying to understand if I can send the defence anytime if Im not waiting on any other info ?

Could you also please comment on the following defence draft please, ( I have added Jopson vs Homeguard case as point 4 and changed indexing, just wanted to confirm if this is the right way and correct place to add this point)

3. Defendant’s car was parked in communal area for unloading material (with hazard lights on) as contractors were carrying out works in defendant’s flat, defendant had no option but to leave the car in communal area as car park was closed by management company under guidance from Royal Berkshire Fire and Rescue service due to Grenfell fire safety regulations due to health and safety reasons.  The management company failed to provide alternative parking arrangements onsite for loading/unloading or for emergency usage. The car was parked for about 10 to 15 minutes to side where it’s not causing any inconvenience to residents or blocking any entrance/exit/fire exits. Defendant being leaseholder, the right to access the premises without causing any trouble to other residents since usual parking space was shut.  Defendant left the car only for loading/loading with car hazard lights turned on for about 10 to 15 minutes to leave the material on to 6th floor flat. Defendant appealed to Parking and property management with the same reasons and appeal was rejected and passed on to law firm. External parking management company to manage communal spaces of flats was introduced without ballot voting of leaseholders.

 

4.  As per (Laura) Jopson vs Homeguard (Services Ltd) case number 9GF0A9E where the judge stated that loading and unloading is not parking

Thanks all for your time and inputs

Fruitcake

You haven't mentioned anything about councils not being permitted to operate car parks as if they were privately owned, nor have you mentioned the landowner's failure to ballot all landlords and leaseholders in accordance with Section 37 of the Landlord and Tenant Act. A resident's lease cannot be varied without a ballot in favour as defined by the Act.

You need to tidy up the grammar in your defence. Remember, this is a legal document you are writing.

The defendant's car was parked in a communal area ... carrying out works in the defendant's flat. (full stop, new sentence) The defendant ... the communal area ... the usual parking space ...
etcetera.

Show us what you actually intend to say about the Jopson case as well.

You can send the defence anytime, as long as it is before the submission deadline, which should be writ large on a calendar and a reminder set on an electronic device if you have one.

You only get one chance at this.

You should also be hammering the MA about this. They introduced the PPC, and failed to prevent the PPC from issuing PCNs and court claims at all, and failed to instruct the PPC not to issue charges because of the car park relocation.
Remind them that they are liable for the actions of their agents, and you want the contact details of the person who will be attending court to explain all this to a judge.
All the other residents affected should be doing the same.

Coupon-mad

If you have a court claim N1 form you can’t ask them to put the case on hold.

alexrider

@Fruitcake   Im not sure if I followed  "councils not being permitted to operate car parks as if they were privately owned"  as the paking  company was engaged by Management company and have included that I have contacted the management company to review the parking charges in point 3, please advise if this needs to be further enhanced and moved to be para on its own.

I have included the ballot voting has not taken place as part of existing point 3 in defence, but now I have enhanced the point and movied it to be seperate point as follows, Hope this is sifficient,

Point 5 refers to Jopson vs Homeguard, and Im planning to provide the complete judgement part of witeness ( which I believe we can get it ready after sending defence)

3. The defendant’s car was parked in a communal area for unloading material (with hazard lights on) as contractors were carrying out works in the defendant’s flat. The defendant had no option but to leave the car in the communal area as the usual car park was closed by management company under guidance from Royal Berkshire Fire and Rescue service due to Grenfell fire safety regulations due to health and safety reasons.  The management company failed to provide alternative parking arrangements onsite for loading/unloading or for emergency usage. The defendant’s car was parked for about 10 to 15 minutes to side where it’s not causing any inconvenience to residents or blocking any entrance/exit/fire exits. The Defendant being leaseholder, the right to access the premises without causing any trouble to other residents since the usual parking space was shut.  The Defendant left the car only for loading/loading with car hazard lights turned on for about 10 to 15 minutes to leave the material on to 6th floor flat. The Defendant contacted the management company over phone and was told that they cannot intevene as its dealt by external parking management company and to be discussed with parking management company. The defendant then appealed to Parking and property management with the same reasons and appeal was rejected and passed on to law firm.

 

4. External parking management company to manage communal spaces of flats was introduced by management company without consulting leaseholders. The landowners/management company failed to ballot all leaseholders in accordance with Section 37 of the Landlord and Tenant Act 1987. A resident's lease cannot be varied without a ballot in favour as defined by the Act.

 

5.  As per (Laura) Jopson vs Homeguard (Services Ltd) case number 9GF0A9E where the judge stated that loading and unloading is not parking

Apologies for my poor grammar skills Hope I have updated it correctly now, Thanks for pointing out

With a Claim Issue Date of 17th May, and AOS filed on 22nd of May, believe 21 June is last day for my defence,

Having filed an AoS, you have until 4pm on Monday 21st June 2021 to file your Defence.

Have heard from my MP that they have written to the management company to look into, and waiting to hear from them.

I have also asked management company to look into,  and making them responsible for not doing ballot voting and failure to provide alternative arrangements when car park was closed. I will tell them that they are responsible for this and requesting them to provide contact details to attend the court.

@Coupon-mad, think this is not required at this stage, will ignore the hold part

Thanks again for your time and inputs, much appreciated

Fruitcake

The management company may well have employed the unregulated parking company, but the MA are in turn employed by the landowner, who you say is the local council. They, the council, are the principle in this, and responsible for the actions of their agents.
As I said before, councils are not permitted to operate car parks as if they are privately own, irrespective of whether they employed the unregulated parking company themselves, or employed an agent who in turn employed the unregulated parking company.

Have a look at this thread, especially the first post, and one a little way down by a poster called The Bald Eagle. In the latter post, look at the line (b) in bold blue.

DfT Minister warns councils not to use parking law designed for private land (notomob.co.uk)

Also have a look at this thread, especially the posts by Edna Basher.


Euro Car Parks Ticket — MoneySavingExpert Forum


The important things to note in each case are that the council is a Traffic Authority, therefore the site is not relevant land as defined by the Protection of Freedoms Act 2012. The unregulated parking company employed, whether directly or indirectly by the council are not permitted to obtain keeper data on non-relevant land.


This is not just about the car park being council owned, it is about the car park being not relevant land because it is owned by the council who are a Traffic Management Authority (TMA), therefore the PoFA does not apply, therefore the unregulated parking company is not permitted to obtain keeper data from the DVLA.
The car park cannot be run as if it is privately owned because it is actually owned by a TMA.

You should therefore be making strong complaints to the council that your data has been unlawfully obtained and processed by an unregulated third party for whose actions the council are responsible, thus leaving themselves open for legal action.
You should also complain to the DVLA because the land is not relevant land. (You will need to spell it out to them though).

Also make the same complaint to your MP.

You can contact both your MP and your councillors using the very helpful, writetothem website.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free