Claim form received for UK PCL parking fine. What do I do please?

KeithP

Lread1 said:

KeithP said:

Yes, you have found the NEWBIES thread and there is only one Dropbox link in the second post on that thread.

But as I said, don't rush it. Filing an Acknowledgment of Service before next Tuesday will reduce the time available to you for filing a Defence.

I have now filed my AOS and followed the guidelines from the drop box link.

so now in-terms of the defence, as I filed AOS (it says on the website, if done after 4pm it will be filed tomorrow) how long do I have to provide a defence please? 

In my first post on this thread I wrote...

KeithP said:

Lread1 said:

Issue date of claim form is 10th Nov 22

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 13th December 2022 to file your Defence.

Please read more of that thread for further guidance.

Just follow the guidance in my first reply on this thread to confirm exactly which Defence template to use and where to find it.

Mouse007

Lread1 said:

... someone we knew who lived in the same street but different flat, got taken to court  and she won her case ...

I have tried to understand her thread too and believe something in our rental contracts about no mention of where we can and can’t park.

uK PCN ( think that’s what they were previously called) were voted out by the residents back in 2015-16, but then UK parking control limited came in a couple of years later.

We as residents didn’t authorise this and I know my landlord wouldn’t either. So how does this stand when we technically are the residents on that land in question that they are patrolling?

You are looking in the right direction here

Pimacy of contract means your lease trumps anything on a sign - look at your lease.

Read this http://parking-prankster.blogspot.com/2016/11/residential-parking.html

and search the forum for residential own space threads like this one

https://forums.moneysavingexpert.com/discussion/6405099/county-court-claim-form-defence-parking-outside-on-property-with-private-parking/p1

Lread1

Good evening, I am trying to finalise my defence email and could do with some advice please.
On the section where you have to put the detail in your own words, as part of my case for the reason I didn’t park at the only other available option by my flat (which is not part of my residential road) as all spaces taken. It’s a street which cuts through to our private road of our flats and a 3/4 mins drive from my home. Is due other times my partner and myself parking there, my partners van broken into twice and all his work tools taken and I had my back window smashed in and a 2nd time a firework landed on my car. So you can understand why I didn’t choose to park there again with a 9 month old baby. We reported it to the police but never saved down the crime reference numbers.

Do I put all this detail on the first template of defence? And do you think I have to have the police reference numbers now to back these claims up? As I don’t know how I am going to get them and just explaining the detail will suffice?

many thanks for your help.

Coupon-mad

You'd just say the approach roads are unsafe in the dark, so a safe place was sought to bring the baby indoors.  Most important to voice is your primacy of contract: your inherent right to park, and rights of way to access your property.

You noticed that in the NEWBIES thread there are two pre-written residential defence wording examples for people in your shoes to use to create your paragraphs 3, 4, 5 etc?  The wording you need is right there.

You could also just search the forum for lease flat primacy defence true and change 'best match' to newest.  Copy one!

Mouse007

You reappear after 30 days leaving me with the impression that you have not read previous advice given, if you have read you have not followed through to understand it and then asked a rather poor question. You had 4 weeks, you now have 2 days.

Your blow away strongest defence is your rights under your lease - babies or not for the mother of god please read your lease. What does that say about parking / use of common areas? Have you got your head around Jopson v Homeguard?

As CP says -

YOUR PRIMACY OF CONTRACT: YOUR INHERENT RIGHT TO PARK, AND RIGHTS OF WAY TO ACCESS YOUR PROPERTY.

You are focussing on a threat flowing from a crap sign and scam letters - those are just words designed to scare, intimidate and secure payment of a false charge. IT IS A SCAM. What does your lease say your rights are? Forget the stupid sign and their stupid letters, look at your contractual rights. The rights that you actually pay for.

Turn it around and ask yourself, what have you done wrong? Nothing, you have done nothing wrong. So why should these fraudsters profit from you?

Engage with us a bit more than every 30 days or so and we might be able to clear this up. You have until 4pm on Tuesday.

Lread1

Mouse007 said:

You reappear after 30 days leaving me with the impression that you have not read previous advice given, if you have read you have not followed through to understand it and then asked a rather poor question. You had 4 weeks, you now have 2 days.

Your blow away strongest defence is your rights under your lease - babies or not for the mother of god please read your lease. What does that say about parking / use of common areas? Have you got your head around Jopson v Homeguard?

As CP says -

YOUR PRIMACY OF CONTRACT: YOUR INHERENT RIGHT TO PARK, AND RIGHTS OF WAY TO ACCESS YOUR PROPERTY.

You are focussing on a threat flowing from a crap sign and scam letters - those are just words designed to scare, intimidate and secure payment of a false charge. IT IS A SCAM. What does your lease say your rights are? Forget the stupid sign and their stupid letters, look at your contractual rights. The rights that you actually pay for.

Turn it around and ask yourself, what have you done wrong? Nothing, you have done nothing wrong. So why should these fraudsters profit from you?

Engage with us a bit more than every 30 days or so and we might be able to clear this up. You have until 4pm on Tuesday.

Thank you for your comment. Appreciate everyone’s help.

I know I have been advised on timeframe etc, but please also can you take in consideration that this site with information for a new person is quite overwhelming. I am struggling with anxiety etc at the moment and home situations that has caused me to be late in the day to get my head around this.

I am going through contract etc today but also have seen previously sections on my contract you are referring to. So will add that in.

many thanks again 

Lread1

Mouse007 said:

You reappear after 30 days leaving me with the impression that you have not read previous advice given, if you have read you have not followed through to understand it and then asked a rather poor question. You had 4 weeks, you now have 2 days.

Your blow away strongest defence is your rights under your lease - babies or not for the mother of god please read your lease. What does that say about parking / use of common areas? Have you got your head around Jopson v Homeguard?

As CP says -

YOUR PRIMACY OF CONTRACT: YOUR INHERENT RIGHT TO PARK, AND RIGHTS OF WAY TO ACCESS YOUR PROPERTY.

You are focussing on a threat flowing from a crap sign and scam letters - those are just words designed to scare, intimidate and secure payment of a false charge. IT IS A SCAM. What does your lease say your rights are? Forget the stupid sign and their stupid letters, look at your contractual rights. The rights that you actually pay for.

Turn it around and ask yourself, what have you done wrong? Nothing, you have done nothing wrong. So why should these fraudsters profit from you?

Engage with us a bit more than every 30 days or so and we might be able to clear this up. You have until 4pm on Tuesday.

Hello again,
my contract does not mention anywhere about parking. 

Is this a good thing?

Lread1

Hello again,
my contract does not mention anywhere about parking and even when I asked the estate agents for my contract regarding parking, they said there is no mention of it on my contract.

I only know I have one allocated space for my flat at the time because my landlord told me this and nothing else was said.

do I put in the defence there is no mention of parking allocation in my contract? Also what section would I put this in please? 

Fruitcake

Yes, it's a very good thing. Not mentioning parking, permits, charges, paying charges, or court means there is no requirement for you to comply with something an unregulated private parking company says that is/was not a party to your property rental/ownership contract.

It normally will mention something about your right to quiet enjoyment, which will have been breached by the actions of this unregulated industry.

Lread1

Fruitcake said:

Yes, it's a very good thing. Not mentioning parking, permits, charges, paying charges, or court means there is no requirement for you to comply with something an unregulated private parking company says that is/was not a party to your property rental/ownership contract.

It normally will mention something about your right to quiet enjoyment, which will have been breached by the actions of this unregulated industry.

Thank you.

so in my defence, do I mention the above then in the defence regarding my contract. Or do I save this for a later date?