PCN for parking on own property, from parking company contracted by building management company.

FUDbyDesign

Coupon-mad said:

FUDbyDesign said:

Thought I'd buggered off? No such luck, I'm afraid . Just 2 weeks shy of the anniversary of the first of three PCNs to be issued to me, I get back from work to the enthralling sight of a letter from HM Courts & Tribunals with an attached Claim Form from DCB Legal / CCPC.

FWIW, the amount now being claimed is:
£510 "PCN Damages"
+ £33.52 "Interest"
+ £70 "Court fee"
+ £70 "Legal representative's cost"
TOTAL: £683.52

For DCB Legal claims the current advice is the Template Defence with the addition of the standard Paragraph 3 that begins 'Regarding the POC'. As seen in all DCB claim threads.

There may well be a hearing because DCB Legal don't always discontinue multi-PCN cases (but they might).  Play the game!

Thanks.  Well noted.  

Although the Claim Form covers all three PCNs, will I need to submit a separate AOS for each PCN? 

KeithP

FUDbyDesign said:
Although the Claim Form covers all three PCNs, will I need to submit a separate AOS for each PCN? 

If you have one claim, you only need to acknowledge service of that one claim.

Car1980

Check on data breach issues with this company:

https://forums.moneysavingexpert.com/discussion/6378502/county-court-claim-from-capital-car-park-control/p3

FUDbyDesign

I have duly submitted the AOS, today being day 5 after the Issue Date of the Claim Form. Now on to the Defence. Joy of joys. 

At what point do they go, "Sod this, it's just not worth it any more"? Has this charade been going on longer (1 year) than for others, on average? I suppose that's pretty difficult to answer but anyway hey ho, one must soldier on...

Coupon-mad

FUDbyDesign said:

I have duly submitted the AOS, today being day 5 after the Issue Date of the Claim Form. Now on to the Defence. Joy of joys. 

At what point do they go, "Sod this, it's just not worth it any more"? 

Please show us the POC.  A picture of it, with your VRM covered.

Discontinuance normally happens at the exact point that you see in @Umkomaas' DCB Legal discontinuances thread.  Read a few thread links in that one. You'll see when.

Has this charade been going on longer (1 year) than for others, on average?

Average 3 years, IMHO. There is up to 6 years to litigate in the small claims track. Most people here are currently defending PCNs dated 2021/2022. 

FUDbyDesign

@Coupon-mad Sorry, just noticed you asked for a copy of the POC.  Here it is with necessary redactions.

Coupon-mad

FUDbyDesign said:

Hi,

I’m a leaseholder of a flat with a share of the freehold.  The building management company has recently appointed Capital Car Park Control to handle the parking situation in the communal grounds, due to long-standing complaints about the parking behaviour of certain residents.  For my part, I park on the tarmac area directly in front of my own garage unit but nobody has ever complained about it in the last 4 years that I've been living here – it’s the last unit in the row of garages, and parking there doesn’t in any way impede the movement of other vehicles.  The previous owner used to do the same.  My lease document does mention the arrangements for vehicular access to/from the garages, but it does not specifically mention the use of a third-party company to enforce rules and apply fines.  Moreover, the rules are new and I did not agree to them.  Anyway I received a PCN from said company yesterday, with all the usual conditions (pay early for reduced fine, etc.)  Without the express written consent of every leaseholder in the block, can the management company decide on a parking policy and appoint an external company to fine “transgressors”?

Just giving us context, assuming the claim is about the same case as your first post (above).

Surely your garage area is NOT marked as a red route no stopping zone, as the POC says?!

FUDbyDesign

Coupon-mad said:

FUDbyDesign said:

Hi,

I’m a leaseholder of a flat with a share of the freehold.  The building management company has recently appointed Capital Car Park Control to handle the parking situation in the communal grounds, due to long-standing complaints about the parking behaviour of certain residents.  For my part, I park on the tarmac area directly in front of my own garage unit but nobody has ever complained about it in the last 4 years that I've been living here – it’s the last unit in the row of garages, and parking there doesn’t in any way impede the movement of other vehicles.  The previous owner used to do the same.  My lease document does mention the arrangements for vehicular access to/from the garages, but it does not specifically mention the use of a third-party company to enforce rules and apply fines.  Moreover, the rules are new and I did not agree to them.  Anyway I received a PCN from said company yesterday, with all the usual conditions (pay early for reduced fine, etc.)  Without the express written consent of every leaseholder in the block, can the management company decide on a parking policy and appoint an external company to fine “transgressors”?

Just giving us context, assuming the claim is about the same case as your first post (above).

Surely your garage area is NOT marked as a red route no stopping zone, as the POC says?!

Yes, it's a continuation of the above topic.  The garages and access areas to/from them are entirely on private land.  Here is one of the "signs" that they refer to.

Johnersh

FWIW the o/p may wish to know that the small claims track is now averaging 52 weeks to conclusion, from the commencement of proceedings.

Not enough judges, court staff or resource because of continued budget cuts... 

ChirpyChicken

Johnersh said:

FWIW the o/p may wish to know that the small claims track is now averaging 52 weeks to conclusion, from the commencement of proceedings.

Not enough judges, court staff or resource because of continued budget cuts... 

Its very region dependant , up in the north east its actually quite quick.