PCN's on Partners Demised parking space.

Hendolad

Hi, I've received about 6 charges from Countrywide Parking Management Limited through the post for my car being parked at my partners allocated parking space without displaying the permit. 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 and now is with their legal firm DW Legal. I have contacted them and said that I won't be paying any fines as the property belongs to my partner and that within the lease it does not mention anything about displaying a permit nor is there anything relating to a third party managing her parking space. 

Their legal team have given me until the end of this month to respond otherwise that will commence court proceedings. Should I reply to them and confirm my stance or should I wait for the court proceedings to commence before I submit a reply?

Thanks

Coupon-mad

BW Legal, you mean.  Let them file a claim.

Hendolad

HI, it's been over a year since my last post but I have finally received a Claims form from BW Legal. Thier claim states "The displayed Terms & Conditions Offered the driver a contractual licence, were accepted upon entry by the driver, and subsequently breached on each occasion. Driver's breaches: Failure to display a valid ticket/permit. Any help would be appreciated. Thanks

Coupon-mad

How many PCNs?

What's the date of issue?

As you tried to appeal these but were knocked back:

Please earn yourself £60 and help regulate the parking industry.  This is an official thing and MSE Towers has agreed I can share it...

Short notice but do the survey now (and then a short & friendly video call next week) to tell the Government's consultancy outsourced firm your experience of 'appealing' (a farce). 

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

URGENT - help us push the regulation of the parking industry and new appeals service over the line.

There should be appeal (ADR) available at ALL stages to keep cases out of court.  Your experience would be useful for the research. 

The work to finally regulate this rogue industry is nearly there, trust me. This research needs responses from real people.

Umkomaas

Please, please, do this: 👆

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

If you're not aware of the poignancy of the work of Pastor Martin Niemöller, then please do read this - 'First They Came ..... '

https://encyclopedia.ushmm.org/content/en/article/martin-niemoeller-first-they-came-for-the-socialists

Inspirational. 

KeithP

Can you please show us the content of the Particulars of Claim box on the claim form - taking care to mask your personal information.

Hendolad

Good morning, Thanks for the info. Here is the Claims Form as requested:

Hendolad

The first discrepancy is that it should be for 6 PCN's. 

Castle

The second major discrepancy is that it fails to state the times and dates; just a range of 13 days.

Coupon-mad

Castle said:

The second major discrepancy is that it fails to state the times and dates; just a range of 13 days.

Yep, and fails to state the basis on which they are holding the Defendant liable (PoFA or not).

Hendolad

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.