Please Help - 3 County Court Claims covering 11 Parking Control Management resi parking tickets

fazzyp1000

Hello,
Thank you so much in advance for any help received here.

Until recently I was a leaseholder in a development of flats in London. I lived there for 8 years. I had an allocated parking bay in a secure car park. I was also entitled to park on-street in a Visitor Parking Bay for up to 30 minutes. 

Over the years I have received a large number of tickets on 2 different vehicles registered in my name - probably in excess of 15 tickets across the 2 cars. I believe that this is due to Parking Control Management (PCM) being overly zealous and issuing me with tickets on various technicalities e.g. marginally outstaying the 30 minute on-street parking allowance, parking permit slipping slightly on the dashboard and the number being only partially visible, etc.

The Concierge refused to help me to get tickets cancelled, and so I have largely been ignoring the letters and reminders that I have been receiving in the post, until I started receiving "Letter before Claim" letters in the post. At that point, I followed the forum advice of submitting Subject Access Requests and sending an email to their solicitors stating that I am seeking debt advice.

I have now just received a Count Court Claim for 4x tickets, for 1 of the vehicles. The total amount claimed is over £800 (~£660 is the amount claimed + £70 court fee + £70 legal representative costs). The original ticket amount was £100, plus Gladstone solicitors started writing to me saying that they added on an additional £60 per ticket for costs associated with chasing the original claim, so I presume that the ~£660 they are claiming is (£100 x 4) + (£60 x 4) + interest.

I have read the Newbies thread, and I have followed the advice there ie I have processed the acknowledgement of service, I have read the example defences and the template letter.

I would now like some advice from the experts on here, around how I should go about structuring my defence and what I should focus on. Here are some options:

1) For 3 out of the 4 tickets, I was only marginally over the 30 minute allowance that I'm allowed in Visitor Parking Bays which is overly punitive. For 3 of the tickets, their photographs are ~32 minutes apart. However for 1 of the 4, the photographs are 82 minutes apart

2) There is nothing mentioned in my lease or on the signage about the 30 minute allowance for VP bay parking for residents. The only information about the 30 minute allowance is in an email from the Concierge (Managing agent) to residents

3) Unfair consumer charge - £100 charge for a resident parking on a private residential road is excessive

4) The signage is inaccurate because it actually doesn't stipulate anything about the on-street parking procedure for residents 

5) I read something on here about the additional £60 charge they have added on top of the £100 original charge being in some way illegal?


I am pretty worried about the risk of losing this, so I'd really appreciate any advice that the amazing experts on here can offer, as well as a steer on which of the above 5 "defence options" I should go with (or any other ideas for that matter).

Many thanks in advance

KeithP

OP said:

I have now just received a Count Court Claim for 4x tickets, for 1 of the vehicles. 

I have read the Newbies thread, and I have followed the advice there ie I have processed the acknowledgement of service...

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

KeithP

OP, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

To help with that, have a read of this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

Coupon-mad

Forget #3 because that was removed by the Supreme Court in their supposed infinite wisdom in 2015 when they upheld an incentivised penalty issuing model as ‘fair’. 

Copy the template defence and add your facts. For example, the ones that are 82 mins apart, where’s the evidence that the car wasn’t there to unload then left then returned? Just asking... 

The template defence covers all 4 of your points but you just need to add context to tell the Judge you were a tenant and that the agreement was silent about charges for parking...assuming that’s true.

Also do you still have a copy of, or can you get, your tenancy agreement and check what it says about peaceful enjoyment and parking?  The terms of your tenancy agreement are the only terms you are bound by and as a resident you have primacy of contract.

fazzyp1000

Thank you very much for the quick reply Keith.

The issue date is 8th July 2021. I filed the acknowledgement of service today (17th July). I believe that means the deadline for submitting my defence is therefore 10th August?

Re: username, thanks for flagging, let me change that now!

KeithP

OP said:

Thank you very much for the quick reply Keith.

The issue date is 8th July 2021. I filed the acknowledgement of service today (17th July). I believe that means the deadline for submitting my defence is therefore 10th August?

Yes, you are right with your Defence filing target date, but there might be something useful here...

With a Claim Issue Date of 8th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 10th August 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Half_way

If this is a residential case take a look on other residential cases posted to here, most are similar in that you will need to see what pre exisitng rights you have to nark there/in that/those spaces

fazzyp1000

Coupon-mad said:

Forget #3 because that was removed by the Supreme Court in their supposed infinite wisdom in 2015 when they upheld an incentivised penalty issuing model as ‘fair’. 

Copy the template defence and add your facts. For example, the ones that are 82 mins apart, where’s the evidence that the car wasn’t there to unload then left then returned? Just asking... 

The template defence covers all 4 of your points but you just need to add context to tell the Judge you were a tenant and that the agreement was silent about charges for parking...assuming that’s true.

Also do you still have a copy of, or can you get, your tenancy agreement and check what it says about peaceful enjoyment and parking?  The terms of your tenancy agreement are the only terms you are bound by and as a resident you have primacy of contract.

Thank you very much Coupon-mad. I will use the defence template as you suggest, and update with the particulars in my case. Shall I post it here once I've drafted it, in case you or any others have any feedback/ suggestions?

Re: the ticket that is 82 mins apart - it is possible, as I believe I was loading and unloading that day, however the 2 sets of photos show that the car was parked in precisely the same location. I think it would be considered unlikely that the car had been moved between the 2 sets of photos.

Re: the lease agreement, I have just re-read it. Here is what it says about parking and peaceful enjoyment:
"Not to leave or park (other than by parking a private motor car or motor cycle or bicycle in the car park) on any part of the estate any motor vehicle motor cycle bicycle or other vehicle and to observe all regulations made from time to time by the Landlord relating to the parking of vehicles (and the Tenant acknowledges the right of the Landlord or its agents to apply wheel clamps to vehicles parked in contravention of such regulations and to charge a fee for removal)"

"Quiet enjoyment
That the Tenant paying the Rents and complying with its other obligations under this Lease may peaceably hold and enjoy the Premises during the Term without any interruption by the Landlord or any person lawfully claiming through under or in trust for it"

I don't think there's much for us to work with there, what do you think?  

fazzyp1000

KeithP said:

OP said:

Thank you very much for the quick reply Keith.

The issue date is 8th July 2021. I filed the acknowledgement of service today (17th July). I believe that means the deadline for submitting my defence is therefore 10th August?

Yes, you are right with your Defence filing target date, but there might be something useful here...

With a Claim Issue Date of 8th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 10th August 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Thank you very much, I will follow that guide for responding by email

fazzyp1000

Half_way said:

If this is a residential case take a look on other residential cases posted to here, most are similar in that you will need to see what pre exisitng rights you have to nark there/in that/those spaces

Thank you Half_way, it is residential, I will look for similar cases on the forum

Coupon-mad

fhpatel said:

Coupon-mad said:

Forget #3 because that was removed by the Supreme Court in their supposed infinite wisdom in 2015 when they upheld an incentivised penalty issuing model as ‘fair’. 

Copy the template defence and add your facts. For example, the ones that are 82 mins apart, where’s the evidence that the car wasn’t there to unload then left then returned? Just asking... 

The template defence covers all 4 of your points but you just need to add context to tell the Judge you were a tenant and that the agreement was silent about charges for parking...assuming that’s true.

Also do you still have a copy of, or can you get, your tenancy agreement and check what it says about peaceful enjoyment and parking?  The terms of your tenancy agreement are the only terms you are bound by and as a resident you have primacy of contract.

Thank you very much Coupon-mad. I will use the defence template as you suggest, and update with the particulars in my case. Shall I post it here once I've drafted it, in case you or any others have any feedback/ suggestions?

Re: the ticket that is 82 mins apart - it is possible, as I believe I was loading and unloading that day, however the 2 sets of photos show that the car was parked in precisely the same location. I think it would be considered unlikely that the car had been moved between the 2 sets of photos.

Re: the lease agreement, I have just re-read it. Here is what it says about parking and peaceful enjoyment:
"Not to leave or park (other than by parking a private motor car or motor cycle or bicycle in the car park) on any part of the estate any motor vehicle motor cycle bicycle or other vehicle and to observe all regulations made from time to time by the Landlord relating to the parking of vehicles (and the Tenant acknowledges the right of the Landlord or its agents to apply wheel clamps to vehicles parked in contravention of such regulations and to charge a fee for removal)"

"Quiet enjoyment
That the Tenant paying the Rents and complying with its other obligations under this Lease may peaceably hold and enjoy the Premises during the Term without any interruption by the Landlord or any person lawfully claiming through under or in trust for it"

I don't think there's much for us to work with there, what do you think?  

Certainly show us your draft but only what you add as facts, not the whole template defence for us yet again, please!  We’ve seen it, and I wrote it! 

Your first clause there isn’t great but it is out of date in law because private wheel clamping was banned in 2012, so in effect that section is an unlawful threat that (arguably) can be disregarded by tenants after 2012.  The second clause is very useful and you can quote that in your defence. 

How did you know you can only stop for 30 mins in a visitor bay if that’s not in the tenancy agreement.  Surely genuine visitors coming to see you were not only allowed to park for half an hour? So how do you know residents were held to that short time, was that stipulated in the ‘rules’ PCM imposed in a letter introducing permits?

I hope you’ve managed to find a home where no PPC infests now, because they blight estates and ruin people’s peace of mind.  Ex-clamper thugs have no place in residential car parks IMHO.