Think I'm being taken to court for parking in my own space - what do I do next?

Coupon-mad

Very few posters here panic and pay and we continue to see 99% wins and discontinuances, when newbies follow our advice about court defences and the whole process.

I would not be concerned about the vanishingly unlikely event of predatory ex-clampers PCM winning in court with those grainy images!

More concerning is that the MA let them maraud around residents' cars when PCM were threatened with an ASBO by a Council a few years back and were later outed on Watchdog for 'making it up' when replying to appeals.  THIS is the firm that MA has inflicted on you and your neighbours...get them kicked out!

PCM have a terrible reputation going back over newspaper articles from when their favourite toy was a clamp:

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html?m=1

http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html?m=1

https://www.readingchronicle.co.uk/news/13395996.clampers-clamped/

https://forums.moneysavingexpert.com/discussion/3114342/pcm-clamped-my-car-disabled-badge-holder

http://forums.pepipoo.com/index.php?showtopic=73531

https://www.google.co.uk/amp/s/www.getreading.co.uk/news/local-news/clamped--permit-4236673.amp

https://www.dailymail.co.uk/news/article-1213033/The-toothless-watchdog-Not-rogue-clamper-faced-chop.html

"A private wheel-clamping firm faces becoming the first in Britain to be given an Asbo banning it from operating in towns where its staff are accused of 'extortion' against motorists. 

Parking Control Management (UK) Ltd has become notorious for its predatory and merciless approach and for breaches of industry rules. 

But Windsor and Maidenhead Council in Berkshire is determined to call a halt to its cash-grabbing tactics because it is giving the area a bad name with tourists. 

This month it will debate whether the firm can be barred from the towns by serving it with an antisocial behaviour order  -  a measure originally designed to crack down on thugs and hooligans. 

For years PCM, which patrols a number of private car parks, has been accused of using deception to trap hundreds of tourists and other hapless motorists. The company does not publish accounts but is thought to rake in hundreds of thousands of pounds a year. 

Town hall sources told the Mail how PCM's staff stalk the Windsor Castle car park where tourists 'unwittingly overstay because signs are hard to understand or because zealous operatives clamp their vehicles if they are literally seconds over their allotted time'. 

'We regard what this firm is doing as legalised extortion,' said Colin Rayner, lead member for highways and streetcare with the Royal Borough of Windsor and Maidenhead Council. 

'We are now of the belief that private clamping should be banned outright. The firm is giving Windsor and surrounding areas a bad name and we are hoping to put a stop to it'.

In January 73-year-old Mavis Maynard and her 77-year-old husband Brian fell foul of PCM when they parked outside a boarded-up office in Maidenhead for 23 minutes to visit the library. 

They returned to find their car had been towed away by PCM and they faced demands for a staggering £375  - made up of a £200 removal fee, £130 to release the car, £40 for 'storage' and a £5 credit-card fee. 

Mrs Maynard had three appeals to the BPA thrown out before the AA became involved in her case. Two months ago her £375 was finally returned, with a curt note apologising for 'any inconvenience'. 

She described the firm as the ' unacceptable face of clamping'."

Mirandoch

As requested, I'm copying this from my new thread into here...

You probably won't remember me but I posted here a couple of years ago about being taken to court for parking in my own space. Here is the original thread if anyone is interested:

https://forums.moneysavingexpert.com/discussion/6304978/think-im-being-taken-to-court-for-parking-in-my-own-space-what-do-i-do-next

Basically for about a year afterwards nothing happened. Then sometime last autumn I got a letter from Gladstone Solicitors, which was about as welcome as a hole in the head. They sent me a form to fill in, which I duly filled in. I disputed the debt and gave a short list of reasons explaining why (which I can upload on here if it would help). I also photocopied a few pages from my tenancy to further support my case.

I sent the form on the 7th November 2022. Three days ago I got it returned to me, along with the envelope that it was sent in, claiming that I had underpaid and owed £1.50. Okay. It genuinely had not occurred to me that a 1st class stamp would not cover postage - it was only a few sheets of paper. Anyway, I was going to send the form back, with full postage paid, but today I got a new claim form through the post and now I don't know what to do. Should I still send my form back?

The claim is for £289 and here are the particulars of the claim:

The driver of the vehicle with registration [no.] ('the Vehicle') parked in breach of the terms of parking stipulated on the signage ('the Contract') at [my address] on 10/01/2021 thus incurring the parking charge ('the PCN'). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £34.68 pursuant to s69 of the County Courts 1984 at 10.25% per annum, continuing at £0.05 per day.

All this for parking in my own bay. I've gone this far, I'm not going to fold now. Any ideas of what I can say on the defense form?

---

I was asked what the date on my claim form is, so here it is: 8th Feb 2023

Anything else you want to know, just ask! I'm sorry for filling in the form by the way. I should have checked here first, but I'd recently had surgery and wasn't in the best state for dealing with it. I'll re-read the newbies thread in full.

KeithP

Mirandoch said:

Should I still send my form back?

No.
Forget about that. You are now past that point.

Mirandoch said:

I was asked what the date on my claim form is, so here it is: 8th Feb 2023.

With a Claim Issue Date of 8th February, you have until Monday 27th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th March 2023 to file your Defence.

That's over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

B789

Wow... you are soooo lucky that the eejits rejected your payment. As you are aware, you shouldn't have paid them anything in the first place and certainly never fill in any forms THEY send you. The only forms you should be filling in are court issued ones. ANYTHING from the bottom-dwelling parking company or their equally sordid lawyers will NEVER EVER be to your advantage.

It's great to see you back here getting the excellent advice from the regulars who have been helping you to date. You are now at the stage where this is on the final leg to getting sorted... in your favour. Once you've acknowledged service of the order, your defence will be critical and eventually, your witness statement too.

Is there any chance you can post a redacted copy of the PoC on here so we can see exactly what they have put as their particulars of claim? Or, you could just type out exactly what they have put in their PoC, just redact the PCN no, VRN and your address. Recently, some claims have been thrown out before they even get to court because of very poorly worded PoC.

Stay strong and understand that this is a process that is very winnable and you will be gaining an extremely useful life experience. Treat it like an adventure. You are going to beat a bunch of blood-sucking bullies at very little risk of anything to you. There's no better feeling than seeing these thugs who prey on gullible victims and extort them out of their hard earned cash getting trounced. Many of these scammers back out just before the hearing and the rest of them get a spanking from the judge! It's better than watching any soap opera and you are also helping many others who will follow you through this process.

Mirandoch

I am really sorry for not replying sooner. I'm afraid my mental health is not great and I just could not face dealing with this. I still can't face it really, but I know that ignoring it isn't going to make it go away and I don't have much time left.

Here is the redacted claim form.

I think my next step will be to file an acknowledgement of service. Does that sound the right thing to do?

PS: Thanks B789 for making me feel a bit better. I was seriously considering the option of paying, I'm so sick of this. But fortunately (or unfortunately), I am nothing if not stubborn, and if I have to ultimately pay up, then I at least want to make it as difficult and inconvenient for the solicitors and their client as possible.

KeithP

Mirandoch said:

I think my next step will be to file an acknowledgement of service. Does that sound the right thing to do?

Yes, as explained in my earlier post...

KeithP said:

...you have until Monday 27th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Mirandoch

Sorry, I did see it. I was just checking! Okay, I'll do that tomorrow then. Thanks.

B789

Mirandoch said:

I am really sorry for not replying sooner. I'm afraid my mental health is not great and I just could not face dealing with this. I still can't face it really, but I know that ignoring it isn't going to make it go away and I don't have much time left.

Here is the redacted claim form.

I think my next step will be to file an acknowledgement of service. Does that sound the right thing to do?

PS: Thanks B789 for making me feel a bit better. I was seriously considering the option of paying, I'm so sick of this. But fortunately (or unfortunately), I am nothing if not stubborn, and if I have to ultimately pay up, then I at least want to make it as difficult and inconvenient for the solicitors and their client as possible.

It is fantastic that you as stubborn and defensive as the rest of us on here. These scams are easily defended and won when you follow the advice given here and in the Newbies thread, 

Already there is a problem with their PoC as we will give you advice about what to include in your defence which will need to be sent after you AoS but the dates which @KeithP noted.

More to follow.

Galloglass

Assume this is Metropolitan Thames Valley Housing. Have a read of the Housing Ombudsman's decision with regards to parking complaints and consider making your own complaint.

In this decision, it seems the contractor was replaced. Is the parking company the same now as it was when the tickets were issued? Also MTVH carried out a survey only to find no one wanted the contractor on site. (See this earlier comment) 

https://www.housing-ombudsman.org.uk/decisions/metropolitan-thames-valley-housing-202201700/

https://www.housing-ombudsman.org.uk/decisions/peabody-trust-202010415/


Looking at a possible defence, looks like you could say that your tenancy (contract with MTVH) is silent on the question of the need for a parking permit. If the tenancy was varied, then you put the C to proof that the variation was carried out in accordance with s37 of the Landlord and Tenant Act 1987. There is evidence from the Housing Ombudsman that MTVH do fail to adhere to the statutory consultation procedure required. 

In any case ". They claim it was for failing to clearly display a valid PCM UK Ltd permit, but you can clearly see a permit - it's just that the photos are such poor quality you can't read anything on it."

Mirandoch

Okay, I've submitted an acknowledgement of service! I followed the guide to registering with MCOL. Fortunately it was all quite straightforward.

Galloglass - Yes, it's MTVH. How did you know?

I went outside and had a look at the parking signs. It's still PCM (UK) Ltd. So, yes, the same parking company as when the tickets were issued.

The photos are about the same quality as their parking permits. If you want to know the quality of those, I had to resort to stuffing the back of the holder with cardboard just to stop them curling up to the point of unreadability - no matter how many times I tried to straighten them out, they wouldn't stay like that. And in fact I think that was one of the times I got a ticket, because after yet another unsuccessful attempt to straighten it out, I hadn't noticed I put the permit back the wrong way up.

Now it's time to start thinking about my defense... :-/