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Double Court Claim for residently Parking ( own space ) vs Moorside Legal

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  • Coupon-mad
    Coupon-mad Posts: 152,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I only asked for the POC.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MThomas95
    MThomas95 Posts: 67 Forumite
    Second Anniversary 10 Posts Name Dropper
    Okay, here's the particulars:

  • So nothing to see there then! :s
  • Coupon-mad
    Coupon-mad Posts: 152,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agree.

    As bad as DCBLegal POC so that defence (editing para 2, 3 and 4 to suit the case) works.

    And that's signed off by Shakespeare Martineau?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • saajan_12
    saajan_12 Posts: 5,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    MThomas95 said:
    Thank you for your response.

    I have actually contacted my landlord multiple times and they just say that there is nothing they can do "great help!". 

    In my contract, the only thing it says about the matter is:

    Schedule 2

    1.5 to comply and observe any reasonable regulations which the Superior Landlord or the management company for the Estate may make from time to time to govern the use of the Estate.



    Are you a leaseholder ie flat owner, or a tenant under an AST? Who's your landlord - the freeholder or a leaseholder who 'owns' a flat? 
    I ask because you may need to consider the headlease as well as your tenancy agreement to determine your right to park there. 

    With the clause you mention, if they argue that the regulation is to display a permit, you did that. However permits can fall down and its not reasonable that you surveille your permit 24/7.  It is reasonable that you fixed the problem the next day (given they didn't give you a PCN for the next day) and you alerted them that your car was indeed allowed there via the appeal - IMO any reasonable regulations would accommodate that. 
  • MThomas95
    MThomas95 Posts: 67 Forumite
    Second Anniversary 10 Posts Name Dropper
    I agree.

    As bad as DCBLegal POC so that defence (editing para 2, 3 and 4 to suit the case) works.

    And that's signed off by Shakespeare Martineau?
    Yes they did.
  • Coupon-mad
    Coupon-mad Posts: 152,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think this is the first SM claim we've seen, which is why we wanted to see how rubbish the POC are from them.

    Great!  Easy defence, as explained already.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MThomas95
    MThomas95 Posts: 67 Forumite
    Second Anniversary 10 Posts Name Dropper
    Is it worth sending the PCN a SAR ? or is this case pretty trivial without it ?
  • MThomas95
    MThomas95 Posts: 67 Forumite
    Second Anniversary 10 Posts Name Dropper
    I have completed my AOS through MCOL. I guess its now time to prepare a defence against these heathens! Will continue to follow the guide provided. Once again, thank you for the support, greatly appreciated.
  • Coupon-mad
    Coupon-mad Posts: 152,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do the defence first.

    Then the SAR to the parking firm in May. No rush.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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