Court on 3rd Jan over UK PCP parking fines

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
44 replies 1.6K views
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  • Coupon-madCoupon-mad
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    Jenniflur wrote: »
    I can't remember. This all started when I gave birth to my second baby. It's all a bit of a blur. I must look so stupid

    No but you look like a lamb to the slaughter, to come here so late, you are not likely to be able to win it now but do attend - DO NOT AVOID IT - or you WILL LOSE for all the money and add-ons and will have no chance to say your piece.

    We could have helped you with residents' parking case law and info:

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

    Were you named on the tenancy agreement? Do you have a copy?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Yes I did post a defence actually saying that my partner owned the property where the car park fines occurred and I had a a valid pass which fell out of view (didn't relalise 2 were disabled bays at the time) I was finishing my degree and had just had a baby and was a little less observant checking my pass was visible than I normally am.
  • pappa_golfpappa_golf Forumite
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    Jenniflur wrote: »
    Ok papa golf I think I see I have make another f up? I just assumed that cause the court are corresponding to my new address then PCP would to. I just collect post from my parents and haven't spoken to PCP at all about anything including any address change. Ahhhh so Im getting the feeling I don't have a leg to stand on.


    notice of intended court action went to your parents house
    the origional court claim went to your parents house

    how would UKPC know to send the latest papers to your new address?


    I think you need ton flash your eyelashes at thec judge , state that you have had no communication with UKPC , only with the court , and you have NOT recieved the latest docs , and ask for an adjournment untill the court can foward them to you , you can read and reply , as you are severly disadvantaged ,

    ring up ASAP (the court) after the hols and state no paperwork , you MUST turn up , if you do not , they will get a default CCJ even if they do not show

    gather all paperwork and wrap a red ribbon around it , if UKPCs solisitors try to dump anything on you , brush it off , on the floor , do not touch or read

    if you can get it adjurnedc return and you may get proper help , if you end up fighting argue the charges , they are £100 , not £160 ,

    good luck ,
    Save a Rachael

    buy a share in crapita
  • No the mortgage was in his name. We were looking to move (and have a year ago and own a property together now) so didn't change anything in writing.
  • Because I didn't inform the court of any address change and they have been sending everything here, I thought UKPC would be the same.

    So go to court on Tuesday and say I have recieved no paperwork and ask for it to be adjourned there and then? As my hearing is at 12pm and the courts don't answer the phone so I'll have to go up there.

    Is it a good case to argue I was living there and get my parter to write he gave me his pass for communal parking?

    I'll do more than flutter my eye lashes I think I'll burst out crying I'm so stressed after this and I have not even got childcare yet.

    Grateful for your help papa golf x
  • edited 30 December 2016 at 11:17PM
    Coupon-madCoupon-mad
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    edited 30 December 2016 at 11:17PM
    Jenniflur wrote: »
    No the mortgage was in his name. We were looking to move (and have a year ago and own a property together now) so didn't change anything in writing.

    OK so he owned the flat?

    So what did his lease say about parking?

    If you have just got a degree you need to use those research skills and read the link I gave you and dig out the leasehold title document and read it.

    At least go along armed with the lease and ready to argue (and prove with the lease if the Judge lets you) that you lived there with the flat owner so any signs were superfluous and could not override your underlying rights to park.

    Pray that they don't turn up and if you do (get there half an hour early) with a lease to back you, hope the Judge is kind and lets you talk about primacy of contract, derogation from grant. These terms are explained in the Prankster's summary I linked for you to read. That is what you need to say and hope the Judge agrees.

    As a last gasp, at least object to the £60 add-ons, on the basis that sum is not on the signs.
    Is it a good case to argue I was living there and get my partner to write he gave me his pass for communal parking?
    It would have been, had you researched it and submitted that and his leasehold title document extracts and transcripts of previous cases won (as per the Prankster's Blog) as evidence.

    Pappa Golf does have a point, if you have not had their evidence then you should say so immediately you get in there, but don't be surprised if the other side object and even if it is adjourned, you might get stung for the hearing fees lost by the Claimant. I am helping someone where a kind Judge has allowed her time to resubmit further evidence and has adjourned it, but she's already had to pay £75 in wasted costs for the first hearing, since the adjournment was her fault.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pappa_golfpappa_golf Forumite
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    you didnt give the court your correct address?
    Save a Rachael

    buy a share in crapita
  • Actually I just checked a copy of my defence had my new address on it so they must of taken it off there and put it in the system. That was only by chance though, I didn't write specifically to inform of any address changes.
  • Thanks for advice coupon mad ill go and have a read and dig up document and now
  • edited 30 December 2016 at 11:28PM
    Coupon-madCoupon-mad
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    edited 30 December 2016 at 11:28PM
    Jenniflur wrote: »
    Actually I just checked a copy of my defence had my new address on it so they must of taken it off there and put it in the system. That was only by chance though, I didn't write specifically to inform of any address changes.

    Aha! So UKPC saw that defence but still sent their Witness Statement and documents to your old address? Wow this looks like you CAN seize on it and use the Government concern about this to your advantage, show the Judge that parking firms have been singled out by Parliament who want to crack down on this sort of thing:

    http://parking-prankster.blogspot.co.uk/2016/12/government-announce-ccj-review-due-to.html

    https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

    Parking companies have been especially singled out:
    ''...assess the role of parking companies and examine how drivers are informed of fines
    And the Department for Communities and Local Government will be taking further steps in due course to tackle poor practice by private parking companies.''

    Take that with you as well as a copy of your leasehold title document/entitlement to park and the permit and point out that parking firms have been noticed to be preying on consumers using old addresses. Read up on 'derogation from grant' and 'primacy of contract' and the Jopson case and others linked in the Prankster's blog on residential car parks.

    Be really well informed, do your homework even though this is last-gasp.

    You may be able to turn this round with this evidence. Get there early, no excuses about no babysitter - do not let anything stop you - get there with evidence. Point out that your defence showed your new address so there was no excuse.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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