Parking Control Management LTD / Gladstone Solicitors Letter Before Claim

Le_Kirk

fizzy1234 said:

1.       I am the registered keeper of the Audi A4 registered under number *****.

2.       The facts and matters set out in this statement are within my own knowledge unless I state otherwise. I believe them to be true. Where I refer to information supplied by others, the source is identified. Facts and matters derived from other sources are true to the best of my knowledge and belief.

Summary of Events

3.       On the 8th August 2022, I return to my parking bay with someone parked half into my bay, which did not allow me to fully park within my bay, so I park alongisde alongside it.

4.       On the 9th August 2022, I leave left to go to Morocco to get married and have my honeymoon

5.       I arrived back to in UK on the 7th September 2022, to find I have recevied received a PCN through the post from CPM for parking outside my allocated bay.

6.       I have am the owner of my property *****  which has its allocated parking bay of number 27.

7.       I have been living at the above property since December 2018 and have always parked in the allocated bay pay.

8.       I have a parking permit that allows me to park in the bay number 27 that and the permit is always shown on the dashboard

9.       The problem with the location is that the property is directly opposite a shopping centre, this means that shoppers will try to avoid to paying for parking and park in my bay.

10.   This has also been an issue with all the outside bays that belong to the property.

11.   As owners of the bay, it is very difficult to then park elsewhere, as if I park in another bay, it will be contravening the parking contract.

Any help or guidance will be great

Are you going to slip this into one of the exemplar witness statements provided in the NEWBIE stick?  Does what you have written back up your defence?

Coupon-mad

That back page isn't your deadline. Either this Order or the earlier Notice of Allocation included a line telling all parties that they MUST file & serve WS and evidence.

And it isn't just seven days before. 

fizzy1234

Oh gosh, ok I thinks thats the page with the directions

Ill look at the WS on the newbie pages, there is a lot of info to go through and make sense of.

fizzy1234

@Le_Kirk @Coupon-mad thank you for your help

Here is my draft WS

https://jmp.sh/s/9qwUOuRNUubHKPBQEl5V (UPDATED)

Let me know of thoughts

Coupon-mad

That link shows your name at the bottom.

I advise you to remove 18-22, which don't help your case.

fizzy1234

Ok thanks, removed that, here is the latest : 

https://jmp.sh/s/9qwUOuRNUubHKPBQEl5V (UPDATED)

Any other pointers will be greatly appreciated

Coupon-mad

Paragraph 9 needs to be changed to the past tense.

And you are missing things like Jopson v Homeguard I think, and a clear argument about your residential rights, like in this one:

https://forums.moneysavingexpert.com/discussion/comment/80361093#Comment_80361093?utm_source=community-search&utm_medium=organic-search&utm_term=good+example+residential

fizzy1234

Below are update summary of events, I will also link to full WS that has been redacted if anyone would like to go through it ( https://jmp.sh/s/9qwUOuRNUubHKPBQEl5V )

9. On the 8th August 2022, I returned to my parking bay with another vehicle parked half into my bay, which did not allow me to fully park within my bay, so I parked alongside it.

10. On the 9th August 2022, I left to go to Morocco to get married and have my honeymoon.
11. I arrived back in UK on the 7th September 2022, to find I have received a PCN through the post from CPM for parking outside my allocated bay.

12. I am the owner of my property 27 Castle House, High Wycombe. Bucks. HP11 2FP which has its allocated parking bay of number 27. (Exhibit 05a)

13. I also provide sections of the leaseholder agreement that mentions parking allocation within the property (Exhibit 05b, Exhibit 05c, Exhibit 05d) 

14. I have been living at the above property since December 2018 and have always parked in the allocated bay.
15. As the owner and leaseholder of the property I have a parking permit that allows me to park in bay number 27 and the permit shown on the dashboard which I display as a courtesy and not as a contractual obligation (Exhibit 06a, Exhibit 06b, Exhibit 06c).

16. I have contacted the leaseholder management company on several occasions to ask them to contact the claimant to cancel the PCN, however I received no response from either party. At no point has the parking management company been willing to discuss any details I have presented to them. Instead, any challenge made by myself to this completely unreasonable charge has been met with generic templates from the claimant with no relevance to anything I have sent back in response. It is clear and obvious that once it was established, I was a resident and leaseholder for whom the whole point of parking regulation was at the property to protect residents, that the PCN should have and could have simply been cancelled swiftly ending the matter saving the courts time and my own time. Instead, I have had to endure months of appeal processes along with harassment and threatening letters to the point of which it is now obvious that the claimant is not thinking on a conscientious level of any degree.

17. The problem with the location is that the property is directly opposite a shopping centre, this means that shoppers will try to avoid paying for parking and park in my bay. (Exhibit 07a, Exhibit 07b, Exhibit 07c)

18. This has also been an issue with all the outside bays that belong to the property (Exhibit 07d)

19. I believe that any parking management company with a legitimate interest in protecting the parking rights of a residential space, which is surely their only purpose, would cancel any PCN upon being notified they have issued a PCN to a resident and leaseholder.

20. I contend, therefore, that the leasehold agreement provides an unfettered right to use of common area for themselves and their invited guests. This cannot be superseded, altered, or ignored by a parking management company post hoc. I refer previous cases such as Pace v Mr N 2 (Exhibit 08), where it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

21. I refer to the case of Jopson v Homeguard (Exhibit 09), where on appeal it was found that the parking company could not override the tenant's right to temporarily stop near the building entrance for loading/unloading. The Jopson judgment is on point and persuasive on county court level decisions.

22. I did not agree to pay a parking charge, let alone unknown costs, which were not quantified in prominent text on alleged signage. It comes too late when purported debt recovery fees are only quantified after the event.

23. These costs which the Claimant has neither paid nor incurred and were not quantified in prominent lettering on alleged signage. Introducing the purported 'costs' add-on in later debt demands is a moneymaking exercise to extract a high fixed sum from weaker motorists and came far too late. I did not agree to it.

24. In Saeed v Plustrade Ltd (Exhibit 10) it was found the managing agent could not reduce the amount of parking spaces available to residents. This shows derogation from grant.  

Coupon-mad

Have you found all those three transcripts?

fizzy1234

Coupon-mad said:

Have you found all those three transcripts?

Re

Pace vs Mr N
Jopson vs homeward
Saeed vs plus trade

Yes I have found copies of the case files online and attached to the exhibit sheet