Parking fine at my own residential estate

tom_hungston

Hello,

I have been chased by a parking firm that is monitoring our parking spaces allocated to our block of flats. Basically someone was in our parking bay so I reported the vehicle to parking firm and parked my vehicle in a bay that is marked to be used for visitors or disabled drivers. and few hours later I noticed that the vehicle was moved from my parking space so I went to move my vehicle back and to my surprise I found a ticket attached to my windscreen.

I then called the company and explained this, they said just ignore it and we'll get it cleared off the system and apologised. then letter starts coming and now have county court letters. I have been ignoring all letters from the firm except now its gone to county court and I can't ignore it.

I have been reading this forum and followed steps as its said. I have filed AOS using money claim portal and I now have until 14th to file my defence.

Few points to highlight
The designated bay marked for "visitors or disabled" is unclear and doesn't have any signage around this bay confirming who can use it and who can not. I have taken photograph of this parking space.

using the template I have prepared the defence statement, I'm wondering do I have a case to defend myself here...? I can post my defence statement (obviously I'll remove all sensitive information from it).

Thank you very much in advance guys.

Redx

Name the parking company

Post the issue date from the CCBC claim form below

Post your AOS online date below too , your MCOL claim history has both

Email a SAR to the DPO at the Parking company and attach a copy of the claim form as proof of I D under the GDPR law

Only post the Adapted paragraphs 2 & 3 below , not the rest of the template

Evidence is submitted at the WS stage in a few months time

Coupon-mad

Wow I would have recorded the phone call where the ex clamper thugs lied to you and ‘apologised’.  They were never going to cancel it, you are the targets, do the residents not realise that?

The car in your bay was quite likely the ticketer!

An ex clamper thug parking firm monitoring your spaces isn’t looking for trespassers or providing a service for you residents!  Quite the opposite.

You have a good defence but why the heck do residents allow this to continue all over the Country?  I wouldn’t move anywhere that has a PPC infesting the car park.  The estate is blighted by it.

tom_hungston

Redx said:

Name the parking company = Countrywide Parking Management

Post the issue date from the CCBC claim form below = 09 Aug 2021

Post your AOS online date below too = 23 August 2021

Email a SAR to the DPO at the Parking company and attach a copy of the claim form as proof of I D under the GDPR law

Only post the Adapted paragraphs 2 & 3 below , not the rest of the template = Do you mean following 2 & 3...?
2. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct. The Defendant further notes the Claimant's failure to engage in pre-action correspondence in accordance with the pre-action protocol and with the express aim of avoiding contested litigation.

Background
3. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark XXZZZ which is the subject of these proceedings. The vehicle is insured with [provider] with [number] of named drivers permitted to use it.

thank you in advance pal

I have marked my answers in your post above.

KeithP

tom_hungston said:

Post the issue date from the CCBC claim form below = 09 Aug 2021
Post your AOS online date below too = 23 August 2021

With a Claim Issue Date of 9th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th September 2021 to file your Defence.

Take note - that is one day sooner than you posted earlier.

That's just a few days 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.

Redx

Your 2 and 3 above are not the paragraphs 2 and 3 in the template defence by coupon mad

2 is about keeper or driver , with liability denied

3 is a concise paragraph or a few paragraphs outlining one or more defence topics and a concise background to assist a judge

Read a dozen other court claim threads from this year only

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.

tom_hungston

KeithP said:

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.

thank you for your concern and help, but my username is derived from Tom Hanks :-) so Tom Hungston is a cousin of Tom Hanks who use to live in Huston if that makes sense

KeithP

tom_hungston said:

KeithP said:

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.

thank you for your concern and help, but my username is derived from Tom Hanks :-) so Tom Hungston is a cousin of Tom Hanks who use to live in Huston if that makes sense

No it doesn't make sense (to me anyway), but then... it doesn't need to.   

If you're happy... I'm happy.     

tom_hungston

Redx said:

Your 2 and 3 above are not the paragraphs 2 and 3 in the template defence by coupon mad

2 is about keeper or driver , with liability denied

3 is a concise paragraph or a few paragraphs outlining one or more defence topics and a concise background to assist a judge

Read a dozen other court claim threads from this year only

Thanks pal, I've been digging but unsure which defence template you're refering to. Would you please send me direct link of the defence template by Coupon mad so that I can use it. Also just to clarify my partner is the registered keeper and driver isn't identified and I'm doing all fighting for this nuisance. Pardon me for my bad english as its not my first language.

Coupon-mad

You don’t need a link, it’s at the top of this forum, one click back.  My signature tells you where the breadcrumb trail link is, top of every page already.

Giving a new poster links in their little isolated island of a thread defeats the object of the forum.  It’s by going to page one and hopping back and forth and reading other threads (whilst still knowing how to get back) that you will learn most.