No defence, not sure what route to take

Beebee88

Hi everyone

So i'm drafting a defence and have come to realise i have no defence.

The 3 tickets are from a 3 and half years ago, when i used to park outside my flat. So initially i was going to play ignorant and just state that i do not remember if it was me or a family member that was driving on that day. Or, should i solely focus on the inflated charges from the private parking solutions London?

I would appreciate a little feedback from one of the legal scholars, if you'll be so kind.

Cheers

Jenni_D

#1 What is the full name of the Claimant please? (The parking company)

#2 What communications have you had with them previously? (i.e. what have you received, what have you sent)

#3 Who owns the land on which the vehicle was parked? Is it mentioned in your lease/tenancy agreement? What terms (in the lease/TA) apply in respect of parking? (Why do you think the parking company had a contractual right to even be there never mind issue PCNs to your vehicle?)

You almost ALWAYS have a defence - it's just a matter of thinking it through. Search the board for own space to find threads from other people in a similar position, and how they addressed it.

Le_Kirk

Is this to do with either of your two other threads?  If not carry on, if so, can you keep all related questions on the relevant thread please - it saves us having to dodge about.

Beebee88

Jenni_D said:

#1 What is the full name of the Claimant please? (The parking company)

#2 What communications have you had with them previously? (i.e. what have you received, what have you sent)

#3 Who owns the land on which the vehicle was parked? Is it mentioned in your lease/tenancy agreement? What terms (in the lease/TA) apply in respect of parking? (Why do you think the parking company had a contractual right to even be there never mind issue PCNs to your vehicle?)

You almost ALWAYS have a defence - it's just a matter of thinking it through. Search the board for own space to find threads from other people in a similar position, and how they addressed it.

Hi thanks for your response, its Parking solutions London.

I havent had any communications with them, i've buried my head ub the sand, lifes really busy. However, I'm going to send an SAR today.

Thanks i'll try to find the tenancy lease agreement and have a read of that.

cheers

Jenni_D

Beebee88 said:

Jenni_D said:

#1 What is the full name of the Claimant please? (The parking company)

#2 What communications have you had with them previously? (i.e. what have you received, what have you sent)

#3 Who owns the land on which the vehicle was parked? Is it mentioned in your lease/tenancy agreement? What terms (in the lease/TA) apply in respect of parking? (Why do you think the parking company had a contractual right to even be there never mind issue PCNs to your vehicle?)

You almost ALWAYS have a defence - it's just a matter of thinking it through. Search the board for own space to find threads from other people in a similar position, and how they addressed it.

(1) Hi thanks for your response, its Parking solutions London.

(2) I havent had any communications with them, i've buried my head ub the sand, lifes really busy. However, I'm going to send an SAR today.

(1) These people? https://www.privateparkingsolutions.com/

(2) Did you get windscreen PCNs or postal PCNs? (Or both, postal after you ignored windscreen?) When you send the SAR make sure you don't make any statement (yet) about whether or not you were the driver.

Beebee88

Jenni_D said:

Beebee88 said:

Jenni_D said:

#1 What is the full name of the Claimant please? (The parking company)

#2 What communications have you had with them previously? (i.e. what have you received, what have you sent)

#3 Who owns the land on which the vehicle was parked? Is it mentioned in your lease/tenancy agreement? What terms (in the lease/TA) apply in respect of parking? (Why do you think the parking company had a contractual right to even be there never mind issue PCNs to your vehicle?)

You almost ALWAYS have a defence - it's just a matter of thinking it through. Search the board for own space to find threads from other people in a similar position, and how they addressed it.

(1) Hi thanks for your response, its Parking solutions London.

(2) I havent had any communications with them, i've buried my head ub the sand, lifes really busy. However, I'm going to send an SAR today.

(1) These people? https://www.privateparkingsolutions.com/

(2) Did you get windscreen PCNs or postal PCNs? (Or both, postal after you ignored windscreen?) When you send the SAR make sure you don't make any statement (yet) about whether or not you were the driver.

Thats the one thats them.

I got the ticket through the post.

I'm clueless but im not that clueless to make a statement to them in the SAR lol. 

Lastly where can i find the the contractual agreement?

thanks

Jenni_D

The contractual agreement will be between the landowner (or their agent, the Managing Agent/Company) and the PPC. You won't get to see that unless a PCN ever went as far as a court claim. Let's understand what the lease/TA says first.

So you got a/several NTKs - Notices to Keeper. What were the alleged contraventions? How were the contraventions recorded? ANPR cameras? Observations by a person? (Which begs the question - why didn't they put a PCN on the vehicle windscreen?)

Coupon-mad

Unless you mean the 'contractual agreement' of the sign? The contract the driver is being bound by?

Jenni_D

It really means both. (See #3 in my previous post). But yes, the sign should be easy for the OP to find (assuming they still live there). Not that this necessarily matters, if the lease/TA didn't allow for a PPC to operate there in the first place.

Beebee88

Jenni_D said:

The contractual agreement will be between the landowner (or their agent, the Managing Agent/Company) and the PPC. You won't get to see that unless a PCN ever went as far as a court claim. Let's understand what the lease/TA says first.

So you got a/several NTKs - Notices to Keeper. What were the alleged contraventions? How were the contraventions recorded? ANPR cameras? Observations by a person? (Which begs the question - why didn't they put a PCN on the vehicle windscreen?)

Much thanks Jenni D, understood. And as i understand it i can contact the parking enforcement company requesting to see the contractual agreement between them and the landowner as i understand it. If so, when would that be a good idea to do so?

The contravention is the the driver of vehicle breached the terms of the stipulated signage, thus the keeper/driver is responsible. So in a way they are assuming it was me.

Umkomaas

And as i understand it i can contact the parking enforcement company requesting to see the contractual agreement between them and the landowner as i understand it.

Do you have an active court case against you?  If so you aver in your Defence that the PPC does not have a contract with the landowner. It's at that stage the PPC will have to prove they do in their Witness Statement which may be months away.

Trying to get it before then will just be wasting your time.  

What are you hoping to achieve in having a copy of it?