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PLEASE HELP! Court Claim for residential parking fines!
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Lunek
Posts: 56 Forumite
Hello there,
I’ve read the NEWBIES thread and other ones but couldn’t see any similar situations.
I received Court Claim Form for parking fines (UKPC)
I live in a block of flats with private car park. You need the permit to park here. There are coded gates to the car park.
My flat is from the council and when I moved in in 2016 I was told there was no permits for council tenants and that they were sorting it and I should get one within few weeks (in reality it took almost a year). I was told I will get fine if I park my car there and the same thing says in my tenancy agreement.
I tried to keep my car elsewhere but sometimes I had no choice but to park in the car park because my children were very young at the time and often fell asleep in the car. I’m a single mum and there’s nowhere to park near my place.
I received 5 fines in total which I ignored (I know...not wise!) Now I received Court Claim Form. I have acknowledged it online without writing any defence.
I don’t really know where to start and how I can defend myself in this case. I can’t get any photos of the signage because UKPC is no longer in charge of this car park.
I was thinking about settlement, offering them me paying for the permits from the day I moved in which would be 10 months of £25. But not sure it will work.
Can someone Please give me some guidance ? I don’t think I can handle it on my own !!!128584;
I’ve read the NEWBIES thread and other ones but couldn’t see any similar situations.
I received Court Claim Form for parking fines (UKPC)
I live in a block of flats with private car park. You need the permit to park here. There are coded gates to the car park.
My flat is from the council and when I moved in in 2016 I was told there was no permits for council tenants and that they were sorting it and I should get one within few weeks (in reality it took almost a year). I was told I will get fine if I park my car there and the same thing says in my tenancy agreement.
I tried to keep my car elsewhere but sometimes I had no choice but to park in the car park because my children were very young at the time and often fell asleep in the car. I’m a single mum and there’s nowhere to park near my place.
I received 5 fines in total which I ignored (I know...not wise!) Now I received Court Claim Form. I have acknowledged it online without writing any defence.
I don’t really know where to start and how I can defend myself in this case. I can’t get any photos of the signage because UKPC is no longer in charge of this car park.
I was thinking about settlement, offering them me paying for the permits from the day I moved in which would be 10 months of £25. But not sure it will work.
Can someone Please give me some guidance ? I don’t think I can handle it on my own !!!128584;
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Comments
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these are not "fines" , so get that word and that idea out of your head from now on
they are invoices , parking charge notices, so dont call them anything else
there are hundreds of "own space" residential court claims on here so you need to read a dozen of them to get the idea on what the advice is for these types of charges and how to defend them
then find a suitable defence posted in the last 6 to 12 months and adapt it
as you have done the AOS you have 28 days to do this and submit the defence to the CCBC by email attachment
once you have done the above, and drafted your defence , post it on here for critique
do not assume you are the only one in this position, many have trod the boards before you
you will have to do the research yourself, and find and adapt a defence, but once you have done this and posted it, it can be honed for your particular circumstance where necessary0 -
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
Nononononono.I was thinking about settlement, offering them me paying for the permits from the day I moved in which would be 10 months of £25.
POINTLESS. THEY WILL NOT AGREE TO A SETTLEMENT. NO.
Really? That would be the first tenancy agreement I've seen that actually names £100 parking charge, are you sure? Tell us what it says EXACTLY....told I will get fine if I park my car there and the same thing says in my tenancy agreement.
What, despite seeing the advice in the NEWBIES thread post #2 about doing the AOS, where just below that, are example defences including one by Johnersh about residential locations?I have acknowledged it online without writing any defence.
I don't really know where to start and how I can defend myself in this case.
Search UKPC defence Jopson to read more.
Also see this, UKPC are banned by the DVLA (being investigated yet again) so work that into the defence to show your Judge how they operate:
http://parking-prankster.blogspot.co.uk/2018/04/ukpc-banned-by-dvla.html
As a first step to calm you down, read other UKPC defences by searching the forum and copying from them and learning what happens.
We have loads of current UKPC defence examples, such as on the thread by ShazEll where I replied recently with advice on how to reply when SCS desperately ask for a copy of the lease/tenancy agreement. That was fun to write and you can use it, if & when SCS ask!
Read other recent UKPC claim threads first, ShazEll's included (NO LINK, GO FIND IT)!
Stop being scared of a rogue ticket firm banned by the DVLA and on a very sticky wicket.
Dare I ask, as UKPC are kicked out, which PPC do you have infesting the car park now? Do you have any useful letter or email from the Managing Agent (MA) saying (for example) that UKPC were 'removed' for predatory ticketing? If not, email the MA this month and ask specifically, one question: why UKPC were removed, to try to get a useful reply for later as evidence!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
[/Nononononono.
POINTLESS. THEY WILL NOT AGREE TO A SETTLEMENT. NO.QUOTE]
I!!!8217;ve read on PADI that it!!!8217;s good to at least try settlement and even if they don!!!8217;t accept I can show that in court.0 -
Really? That would be the first tenancy agreement I've seen that actually names £100 parking charge, are you sure? Tell us what it says EXACTLY.
My tenancy agreement says: where provided you will not park a vehicle in the car park area unless you have been issued with a residents car park permit. If you live on an estate with car parking controls you must comply with any rules or regulations advised to you.0 -
Dare I ask, as UKPC are kicked out, which PPC do you have infesting the car park now? Do you have any useful letter or email from the Managing Agent Dare I ask, as UKPC are kicked out, which PPC do you have infesting the car park now? Do you have any useful letter or email from the Managing Agent (MA) saying (for example) that UKPC were 'removed' for predatory ticketing?
PCM is controlling the car park now. I remember receiving the letter about changes but I believe I got rid off it.
I will ask definitely ask about.0 -
Thank you. I just thought it!!!8217;s best trying any possible option.0
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As a first step to calm you down, read other UKPC defences by searching the forum and copying from them and learning what happens.
Thank you for all your help.
I!!!8217;m not trying to make excuses or anything but I!!!8217;ve never been To court or anything like that.
Ive read a lot of posts on here. One problem is I don!!!8217;t understand half of it and I!!!8217;ve spent ages translating it to my own language. All I asked for is some guidance which I!!!8217;m grateful for.
I will try to put my defence together and will post it on here.
Thanks for all your support.0 -
Please switch off your 'Smart Punctuation' on your iPhone/iPad to avoid the littering of your posts with !!!!8217; and the like, as every apostrophe and some other punctuations convert to exclamation marks and numbers.
Go to 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.
Switching off seems to have no detrimental affect on any other use of the keyboard.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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