Revenge PCN for something unrelated

DarthBrickTop

I have tried to find a similar case, I really have! 

I received a PCN last year for parking in an unmarked bay when 

1. I have an email confirmation stating “Parking enforcement has been suspended whilst essential cladding works are completed”. by (Count flappular) - Utilities & Leasehold Manager at (Complete Waste of Space) Ltd. 

2. Cladding works are still being completed - Parking enforcement is STILL suspended.

   Background: 

   I have an allocated space. I was not parked in the space. My space was commandeered without any alternative offered whatsoever and merged into their building site. 

   I was initially accused of blocking access with my car meaning the bin waggon had to make a three point turn and couldn’t be bothered.  

   (There was ample space and resident vehicles were in no way restricted)

   They tried to send the invoice to my landlord for the extra bin collection. 

   (I am trying to be as brief as possible)

   It was pointed out to them that my landlord was not liable for my vehicle because he was not the driver and that if he accepted liability he could not then pass the charge back to me as he would be admitting guilt himself. 

   The landlord ultimately agreed with the law and didn’t pay. 

   A few days later, despite there being no parking enforcement I received a PCN. 

   I ignored their postal ticket and I ignored  their debt collector letters from BW legal. Which I am seeing may be my mistake?

   The Company is CPMS LTD (Car Part Management Services). 

   I am hoping that this is of interest and is a clear cut case but, to me, it seems to be very complicated and I am certainly very much a noob! 

   
   

DarthBrickTop

* They have made a claim through small claims court!

** have followed the advice and made an AOS

Le_Kirk

As well as trying to find a similar case (well, they are all the same really) did you read the NEWBIES sticky and find that Plan A is always first, complain to landowner/management company/managing agent followed by Plan B - appeal? What happened when you complained?  What happened when you appealed?  There is a PPC called Car Park Management Services - would that be the one?  If so they are part of the IPC and it is sometimes worth doing a second stage appeal to the IAS.  Read about it in the NEBWIE sticky.

KeithP

DarthBrickTop said:

* They have made a claim through small claims court!

** have followed the advice and made an AOS

You seem to be indicating that a County Court Claim has been made against you.

If that's so, can you please tell us the Issue Date on that Claim Form?

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

Le_Kirk

I see you have a claim against you, which obviously changes my reply as it is too late to appeal but not too late to complain.

DarthBrickTop

KeithP said:

DarthBrickTop said:

* They have made a claim through small claims court!

** have followed the advice and made an AOS

You seem to be indicating that a County Court Claim has been made against you.

If that's so, can you please tell us the Issue Date on that Claim Form?

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

Claim issued 08/04/22
AOS received 14/04/22

thanks!

KeithP

DarthBrickTop said:

KeithP said:

DarthBrickTop said:

* They have made a claim through small claims court!

** have followed the advice and made an AOS

You seem to be indicating that a County Court Claim has been made against you.

If that's so, can you please tell us the Issue Date on that Claim Form?

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

Claim issued 08/04/22
AOS received 14/04/22

thanks!

With a Claim Issue Date of 8th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 11th May 2022 to file your Defence.

That's almost 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

DarthBrickTop

Le_Kirk said:

As well as trying to find a similar case (well, they are all the same really) did you read the NEWBIES sticky and find that Plan A is always first, complain to landowner/management company/managing agent followed by Plan B - appeal? What happened when you complained?  What happened when you appealed?  There is a PPC called Car Park Management Services - would that be the one?  If so they are part of the IPC and it is sometimes worth doing a second stage appeal to the IAS.  Read about it in the NEBWIE sticky.

Thanks for the reply. 

Unfortunately, I ignored their correspondence and only have I acknowledged their petty revenge ticket now that it has gone to court, I fully expected them not to take the case to court due to the dubious circumstances of the ticket being issued. 

What I really would like to know is that since I have not followed plan A will the courts now automatically favour the claimant even though it is, I believe, illegally issued?

…and yes I believe that is the company in question. 

Le_Kirk

The court will base its decision on your defence and witness statement/evidence and the claimant's claim, witness statement and evidence.  It obviously helps if you have complained and appealed as a way of "narrowing the issues" to use a common phrase but it won't go against you.

95Rollers

They cannot automatically favour any party until they've reviewed all evidence put to them by both parties and made an informed decision based on hearing both parties accounts. 

Appealing isn't necessary or mandatory. The results are non-binding and not law. I would be inclined not to waste my time appealing to the PPC or the IAS because the IPC own the IAS and only a measly 4% of motorists appeals ate upheld so that's a valid reason for not doing plus I think they have the audacity to charge motorists an "admin fee".  I had a court case and the claimants case was dismissed- the Legal Rep asked me why I didn't appeal and I told him I believed it was a one sided kangaroo court which is frankly a waste of time. 

So don't worry too much about missing that boat as its not legally binding nor matters much in court, but best to haveam answer why you didn't waste time on it in case you are asked in court.

Johnersh

My take fwiw:

I'd screenshot within my defence the pertinent email. And I'd say:

A. The ppc were instructed not to ticket. The managing agent would not have written in terms to residents had they not disintructed the ppc. 

B. Any ticket issued on or after the date of the email were issued without authority of the landowner and, indeed any parking enforcement agents may have been trespassing in the circumstances. 

C. If, which is denied, parking enforcement was still to be enforced, the contract was impossible to perform since the parking contract (permit/allocated bay etc) required me to park in a bay that I could not utilise, and the terms operated to exclude all alternative parking such that no contract was formed.