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parking tickets defence and complaint

Hello everyone, I hope you are well. Thank you very much for all the helpful contributions here. Unfortunately for me I did not find this previous to my appeal so went through that malarkey! This is my first time posting here and I have a couple of problems, please may I have your wise advice!

First:

The parking permit system where I am resident has annual permits. I applied a month before mine was due to expire and it was approved about a week later, I thought it was done. I received a pcn and checked the date and thought I am covered, my permit is approved. Within a day or so of receiving the pcn I was told my cancer is back.  I just forgot about the letter, and ignored the others while prepping for/recovering from surgery and because I thought I was covered by the permit, that they made a mistake and will recognise that. However, it has gone to debt recovery. 

Do I write and complain to the parking permit company - they are part of the same company as the car park management, saying that they approved my permit earlier on in the month but did not activate it in time, and request they contact their linked company to cancel the ticket. Can I claim right of residence? My lease just says you must not park without a valid permit where there is a parking scheme in operation.  I did not have to upload further proof of residency documents so the system recognised that the old permit was connected to the new application. But they did not continue the permit without a break of 2 days. Apparently they approve it but have to activate it. What rights in law do I have here please? Thank you so much for your help.


Second:

I received two parking tickets for not being in the right bay. I appealed and lost at I.A.S, no surprise after what I have since read here! My problems/queries are:

1. In paragraph four of the defence template -

They do have photos, sent in the original letter but not included in the letter of claim. So do I leave this part of the statement out: "The Claimant is put to strict proof with contemporaneous photographs."

The letter of claim is very vague and just says unpaid parking tickets. 

2. One of the parking tickets has the wrong date in the letter of claim so is this okay:

"Regarding [date], the alleged contravention did not occur. I was not parked inappropriately at the time, and have not received evidence of this alleged contravention by the claimant."

I don’t have photos that I was parked appropriately though! I mean who takes a photo every single day/time/place they park? Might have to start doing this though!

3. Do I include this, it is a true statement:

"I appealed at I.A.S. which was refused. The website I.A.S appeals process is set up so you have to admit to being the driver and the keeper in order to progress. I cannot remember if I was the driver as I had just finished four rounds of chemotherapy in three months, but admitted to being to be able to appeal."


Thank you for your help!


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Comments

  • Le_Kirk
    Le_Kirk Posts: 25,265 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Have you received a N1SDT claim form?  What is the date of issue from top right?  Can you show us a scan of the POC so that we know what you are defending?
  • Christmas_Pud
    Christmas_Pud Posts: 16 Forumite
    10 Posts Name Dropper
    Hello, no I have not received a N1SDT claim form yet. I replied via the MCOL to acknowledge the claim. I cannot scan just yet as first time posting but the POC are:
    Two unpaid parking charges for a contractual breach on private land where I was tenant. The signage terms and conditions offered the driver a contractual license, accepted upon entry to the car park by the driver. The breach is the car was not parked in a marked bay. 
  • Christmas_Pud
    Christmas_Pud Posts: 16 Forumite
    10 Posts Name Dropper
    sorry yes I have had the claim form sorry
  • Gr1pr
    Gr1pr Posts: 10,558 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    Yes , you definitely have an N1SDT court claim pack from the CNBC in Northampton using MCOL in the post,  which includes that claim form 

    Post the Issue date from the top right of the claim form below 

    Post the date that you completed the AOS stage online on MCOL 

    Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

    Name the claimant parking company and also Name the lawyers involved too
  • Christmas_Pud
    Christmas_Pud Posts: 16 Forumite
    10 Posts Name Dropper
    Hello,
    The POC is as above (Two unpaid parking charges for a contractual breach on private land where I was tenant. The signage terms and conditions offered the driver a contractual license, accepted upon entry to the car park by the driver. The breach is the car was not parked in a marked bay) minus the VRM and address details. BW Legal are the lawyers, UKCPM are the parking company, I cannot post pictures as this is my third post.


  • Gr1pr
    Gr1pr Posts: 10,558 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    Gr1pr said:
    Yes , you definitely have an N1SDT court claim pack from the CNBC in Northampton using MCOL in the post,  which includes that claim form 

    Post the Issue date from the top right of the claim form below 

    Post the date that you completed the AOS stage online on MCOL 

    Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

    Name the claimant parking company and also Name the lawyers involved too
    And the answers to the questions are   ?

    Anyone can post a picture,  including you 

    But you must add a short sentence first,  then use the picture icon to attach the picture,  and post
  • Christmas_Pud
    Christmas_Pud Posts: 16 Forumite
    10 Posts Name Dropper
    Hello
    At the top of the page it says "You're not able to post links and pictures until you've been an active member for a little longer. This helps us stop spam."
    Why do you need a picture of the POC when I have said the words minus the personal details you are supposed to leave out? And why do you need dates?
  • Gr1pr
    Gr1pr Posts: 10,558 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    edited 23 October at 3:16PM
    We are trying to help you here, but basic details are required before we can give you bespoke useful answers 

    Live links are not allowed,  but altering it to a dead link would work 

    Newbies can post pictures along with a sentence or paragraph etc

    If newbies cannot post pictures, then how did the newbie Bambino17 below manage it  ?

    https://forums.moneysavingexpert.com/discussion/6635508/crash-insurance-claim-hire-car-court-case-advice-needed#latest

    Dates are required in order to provide you with the deadlines 
  • Le_Kirk
    Le_Kirk Posts: 25,265 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As @Gr1pr writes, if you post (tell us) the date of issue of the claim form, we can give you your deadlines.
  • Hello, thank you for the posts. As mentioned on a lot of threads "read the forums, FAQs, newbies sections" so I have read and know the deadlines. I have done the acknowledgement on MoneyClaimsOnline and not filled in the financial details back to the lawyer.
    I have attached the screenshot of the claim below. The dates are wrong on the PoC vs the NTK. I have not told the lawyer that. I will do another post for the defence I have done. Thank you for your help
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