PCN's on Partners Demised parking space.

Half_way

Hendolad said:

Thanks, So my line of defence should be that, a) the car was legally parked under the terms of the lease (Insured and Mot'd or roadworthy and permitted by the lessee),

Possible changes

a) the car was legally parked under In accordance with the terms of the lease

However, if it hasnt already been done: you need to get onto the management agents and demand that they instruct their agents to Discontinue ( cease/stop/withdraw) the court claim with immediate effect, reminding them that they are jointly and severally liable for the actions of their agents including, but not limited to any costs you incur as a result of this court claim which so far total  £XXX (£16/hour or part thereof multiplied by X number of hours)  and this is a direct result of them allowing an un regulated parking company to operate in that area

Coupon-mad

Hendolad said:

Thanks, So my line of defence should be that, a) the car was legally parked under the terms of the lease (Insured and Mot'd or roadworthy and permitted by the lessee), b)There is a Primacy of contract with the held lease, c) I do not have to disclose who the driver was under the POFA 2012 d) that the contract they claim to have with me is not binding as it does not meet consideration (the willing transfer of money for a service) nor an intention to create a legal relationship on the grounds that the Parking space is demised and the Lease held is solely for the benefit of the Lessee.

Yes, as your para 5 slotted into the defence linked in the third paragraph of the Template Defence.

Hendolad

After calling the Agents, I was asked that my partner should send an e-mail for them to commence actions to stop the Claim.

KeithP

With a Claim Issue Date of 14th May, you have until Monday 3rd June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th June 2024 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Hendolad said:

After calling the Agents, I was asked that my partner should send an e-mail for them to commence actions to stop the Claim.

Worth a try.

So is this (URGENT) please:

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice/p1

Only talk to the researchers about the one that you appealed but failed and you are now being sued over:

 I have contested all of the charges but the oldest one, that wasn't submitted within their allocated time has gone through to their Debt Collectors 

LDast

Just one point about the proposed letter... they are Parking Charge Notices, not Penalty notices. There is a difference but I doubt the management company will know or understand the difference.

Also, it is costS not cost.

Hendolad

Hi, I've had the following response back: I don't believe this to be the case but can I ask for evidence of my car being parked in another bay?

Trainerman

I would want that proof yes. Do the photos on the original PCN help at all?

KeithP

That last sentence is trying to transfer the burden of proof from the Claimant to the Defendant.
It is the Claimant's job to prove their case, not the Defendant's job to prove that the Claimant is lying mistaken.

Have you seen pictures that show the vehicle was parked in the demised bay?

Conversely, are there pictures showing the vehicle parked in the wrong place on all six occasions?

Hendolad

Trainerman said:

I would want that proof yes. Do the photos on the original PCN help at all?

I don't have the original photos of the PCN but from memory I would have noticed if the car was in the wrong bay.