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URGENT HELP PLEASE: £3400 demanded by Parking Ticketing Ltd - Claim Form received

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Remember - you are limited in what YOU can do.
    Your BiL MUST defend. They MUST turn up to any hearing.
    This is non-optional.
  • Max1111
    Max1111 Posts: 63 Forumite
    Sixth Anniversary 10 Posts
    Hi everyone

    i was just drawing up a draft defence with my brother-in-law and need advice on a couple of issues.

    1. The penalties I have received are from a previous parking company. The new signs outside my property are quite obscure but directs the visitor to another sign which is more detailed and highly visible, setting out the contract. The previous signs were also at the same obscure locations but I believe there was no visible sign like this new one. The problem is, I do not have access to photos or evidence of the previous signs and so if I argue that the signs were obscure and/or that there was no clear visible sign - I have no way of proving it. Should I still go ahead and use this as a point of defence?

    Lack of access to those signs means I also cannot check for wording ambiguities in the terms they had set out.

    2. I have evidence of having entered an agreement with the building management for the parking space but this only covers most of the PCNs. Some of the PCNs were issued before this agreement but since moving into the property I was put on a waiting list for the parking space and only got one after four years. On viewing the property I was told by the estate agent that it comes with a parking space. Once I moved in, they told me to get in touch with the building management, who then put me on a waiting list. Can I use this as a point of defence?

    I don't know if it is at all relevant to mention that at any one time throughout all these years, at the very maximum, only half of the parking spaces have ever been occupied.

    I want to express my sincere thanks, in advance, for your responses and time.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 July 2019 at 6:06PM
    The problem is, I do not have access to photos or evidence of the previous signs and so if I argue that the signs were obscure and/or that there was no clear visible sign - I have no way of proving it. Should I still go ahead and use this as a point of defence?
    You are not defending this remember, your BIL is.

    He should use that in defence and say the signs have been changed as they were obscured and inadequate notice before, and put the Claimant to strict proof of the position and wording on those older signs.
    On viewing the property I was told by the estate agent that it comes with a parking space. Once I moved in, they told me to get in touch with the building management, who then put me on a waiting list. Can I use this as a point of defence?
    Yes, but base your defence on bargepole's concise RESIDENTIAL defence, one of two by him, linked in the NEWBIES thread example defences. Then add the words I wrote (post #14 in beamerguy's Abuse of Process thread) about the fake added costs I suspect SCS Law have made up on the claim form, probably describing the parking charge as £160 when that's patently untrue.

    He can then change the facts near the top of the draft, to point out that he was neither the keeper nor the driver of the car on the material date because he acquired it for his brother (sister?)-in-law via a Hire Purchase Agreement and has never driven the car. And that it is contended that this Claimant has failed to use the POFA 2012 to hold him liable in law.

    You will then have a defence for BIL to sign.
    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 THREAD
  • Max1111
    Max1111 Posts: 63 Forumite
    Sixth Anniversary 10 Posts
    My brother in law has just informed me that although he has regularly received DRP letters he has actually never ever received a NTK!

    Obviously the PCNs were always stuck to my windscreen so he would have never known about those tickets apart from when it would reach debt recovery stage.

    I would be grateful if anyone would take the time to point out how I could best incorporate this into my defence?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Check that the correct name and address are on the V5C and were correct at the time as well

    BiL needs to email a SAR to the DPO at the PPC and demand copies of windscreen PCN,s NTK , documents and pictures plus any other data, if not done so already

    The defence should state the the claimant failed to send an ntk and failed pofa so the defendant has no liability and was not the driver
  • Max1111
    Max1111 Posts: 63 Forumite
    Sixth Anniversary 10 Posts
    Thank you so much for your prompt response!

    BiL's correct details were on the V5C since he first acquired the vehicle for me.

    Have not emailed SAR. I thought once it reaches county court it is too late to do SAR. My time was limited.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Max1111 wrote: »
    I thought once it reaches county court it is too late to do SAR. My time was limited.
    You are mistaken.

    My time is also limited so I won't explain why. ;)
  • Max1111
    Max1111 Posts: 63 Forumite
    Sixth Anniversary 10 Posts
    I'll find out why but THANK YOU for taking the time to tell me I was mistaken.

    I sincerely appreciate everyone's time on this forum. Your time and effort exponentially reduce the distress and worry that these PPCs are blasting on people. I truly wish everyone endless blessings!

    Thank you thank you thank you!
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 July 2019 at 6:10PM
    he has actually never ever received a NTK!
    Yes he did. It was the first letter, might have been called a Reminder. The NEWBIES thread tells everyone that the NT (whatever they call it in the heading) is the first letter and it may eve have come from PCS (debt crawlers and same company as DRP) who do the back office 'work' for some small fry PPCs.
    Max1111 wrote: »
    I would be grateful if anyone would take the time to point out how I could best incorporate this into my defence?
    Makes no difference. I've already walked you through the three stages to build you BIL's defence and it should be as easy as pie to put together now.
    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 THREAD
  • Max1111
    Max1111 Posts: 63 Forumite
    Sixth Anniversary 10 Posts
    Hi everyone

    I have my hearing very soon and I had a couple of issues which I hope someone would advise on.

    1. So the Claimant has sent me a fat pile that basically includes photos that mostly show nothing. Just shots of the vehicle not bearing a permit, and there is hardly any proper clear shot that shows the PCN has been served correctly and is stuck to the windscreen.

    2. Also, they have sent multiple copies of Notices to Keeper, which I have literally never ever seen in my life. I KNOW for a fact I have not received these and its causing me such phenomenal distress to see that they can just shove these documents in my face when I have actually never received them. The ONLY document they ever sent were the red DRP letters with the warning of legal action. How can I argue this or convince the Judge that they're lying?

    3. This claim is a residential one. I will be arguing primacy of contract. The Claimant claims they manage the parking pursuant to a contract with the Estate Agents ( who are the managing agent on behalf of the landowner). My BiL is not party to this contract and was never informed of such a contract.

    Having observed the lease, the Claimant claims that although the right to park has not been expressly mentioned in the lease, the claimant would presume that the Defendant's right to park would have come from a contract with the managing agent of the site.

    They have further argued that according to the lease terms the landowner or agent appointed on their behalf is able to introduce regulations on the lessee in the interest of good estate management and the essay is required to observe the same regulations.

    Despite all of the above, my BiL has neither entered a contract with the estate agent nor is the lease in his name. He merely has signed a contact with another estate agent whom he rented the property from; and his tenancy agreement doesn't mention any of the above parties.

    I would be so so grateful if anyone would take some time to give me their opinion and advice.

    "
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