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

13

Comments

  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 12 December 2022 at 9:42PM
    Lread1 said:
    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? 

    It is excellent news and yes you MUST mention it in your defence. You can not introduce it later.

    Does your lease mention use of common areas? You might like to look at the defence I drafted for my son

    My Son's defence

    Paragraphs 3 - 7 cover this point. 8 & 9 give cases.

    much later we followed up with his Witness Statement here

    In the WS go to paragraph 24 read to at least 42





    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • Lread1
    Lread1 Posts: 21 Forumite
    10 Posts Second Anniversary
    Hello, 
    no mention of common areas in my lease.

    I have also notice this on the claim form (please see picture )
    It says about the ticket being issued by PCN who own or manage the land.
    they defiantly do not own it but even if they manage it, my landlord would of authorised them coming nor did we.
    so I presume this sits with the estate agents?
    is there anything I should add on the defence regarding that? 
  • Lread1
    Lread1 Posts: 21 Forumite
    10 Posts Second Anniversary
    edited 12 December 2022 at 9:56PM
    Lread1 said:
    Hello, 
    no mention of common areas in my lease.

    I have also notice this on the claim form (please see picture )
    It says about the ticket being issued by PCN who own or manage the land.
    they defiantly do not own it but even if they manage it, my landlord would of authorised them coming nor did we.
    so I presume this sits with the estate agents?
    is there anything I should add on the defence regarding that? 


    Please see picture 
  • Lread1
    Lread1 Posts: 21 Forumite
    10 Posts Second Anniversary
    edited 12 December 2022 at 9:56PM
    Do I also mention in the defence section the part of having 1 car park space and another vehicle was there (being my partner) so unable to park there, no visitors spaces available and the next available option was streets away and have 4 thief or vandalism situations to mine and partners cars? 
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Lread1 said:
    no mention of common areas in my lease.
    That's very unusual - are you able to upload a redacted (remove your name and address) copy for us to see?

    Lread1 said:

    I have also notice this on the claim form (please see picture )
    It says about the ticket being issued by PCN who own or manage the land.
    they defiantly do not own it but even if they manage it, my landlord would of authorised them coming nor did we.
    so I presume this sits with the estate agents?
    is there anything I should add on the defence regarding that? 
    DO you mean "my landlord wouldn't have authorised them" ? In which case read the rest of my son's Witness Statement where I kill off the rogue letting agent for signing up a rogue ppc without any landowner authority. Without looking I recall my son particularly liked paragraph 65.

    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • Lread1
    Lread1 Posts: 21 Forumite
    10 Posts Second Anniversary
    Mouse007 said:
    Lread1 said:
    no mention of common areas in my lease.
    That's very unusual - are you able to upload a redacted (remove your name and address) copy for us to see?

    Lread1 said:

    I have also notice this on the claim form (please see picture )
    It says about the ticket being issued by PCN who own or manage the land.
    they defiantly do not own it but even if they manage it, my landlord would of authorised them coming nor did we.
    so I presume this sits with the estate agents?
    is there anything I should add on the defence regarding that? 
    DO you mean "my landlord wouldn't have authorised them" ? In which case read the rest of my son's Witness Statement where I kill off the rogue letting agent for signing up a rogue ppc without any landowner authority. Without looking I recall my son particularly liked paragraph 65.

    Mouse007 said:
    Lread1 said:
    no mention of common areas in my lease.
    That's very unusual - are you able to upload a redacted (remove your name and address) copy for us to see?

    Lread1 said:

    I have also notice this on the claim form (please see picture )
    It says about the ticket being issued by PCN who own or manage the land.
    they defiantly do not own it but even if they manage it, my landlord would of authorised them coming nor did we.
    so I presume this sits with the estate agents?
    is there anything I should add on the defence regarding that? 
    DO you mean "my landlord wouldn't have authorised them" ? In which case read the rest of my son's Witness Statement where I kill off the rogue letting agent for signing up a rogue ppc without any landowner authority. Without looking I recall my son particularly liked paragraph 65.

    I  have a signed TT offer letter and a signed AST letter and both of them do not mention parking or common areas.

    when I asked for my contracts to the estate agents a few years ago regarding parking. This was their response (please see picture).


  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    We need to see that TT offer letter and signed AST letter (both redacted) to help further. Why? because we might see what you are missing.

    That screen shot is not enough.

    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lread1 said:
    Do I also mention in the defence section the part of having 1 car park space and another vehicle was there (being my partner) so unable to park there, no visitors spaces available and the next available option was streets away and have 4 thief or vandalism situations to mine and partners cars? 
    You should mention everything that helps your case. Another vehicle parked in your demised space means that a frustration of contract occurred, meaning that you could not comply with any parking Ts and Cs even if the PPC did have a right to manage the car park.

     
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Lread1
    Lread1 Posts: 21 Forumite
    10 Posts Second Anniversary
    edited 12 December 2022 at 10:49PM
    Mouse007 said:
    We need to see that TT offer letter and signed AST letter (both redacted) to help further. Why? because we might see what you are missing.

    That screen shot is not enough.
    I  understand.

    It is quite long, so please bear with me while I upload it. 
  • Coupon-mad
    Coupon-mad Posts: 162,163 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 December 2022 at 10:51PM
    You are running out of time aren't you? 

    Just show us your draft paragraph 3, 4, 5 like everyone else with a residential defence does.  They are all the same.  I hope you've spent some time over these last few weeks reading a dozen other residential defences and have prepared yours already?  This is easy and has been done a hundred times or more on this forum, this year alone.
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