VCS Parking Fines - Now Court Papers arrive URGENT ADVISE PLEASE

karenep · 7 August 2018 at 2:20PM

And alas, in the post today we have another Claim from the County Court Business Centre I Nottingham, relating to a different vehicle I own, but not necessarily driving !!!8230;. Accompanied with more post from VCS, regards this Court claim whereby they claim I Breached parking rules on 25 July 2017, 26 July 2017, 22 February 2018, 23 February 2018, 24 February 2018 and 25 February 2018 - claiming £600!!!

I have tried without success from the dreadful Premier Estate Management Company, to either remove me from system or, get these fines cancelled. Mainstay, whom I have contacted every time - choose to ignore. when you purchase a property, you certainly do not realise that you potentially are being asked to pay to park. We have several vehicles between the family, and it is ridiculous to expect one permit to get transferred between them all. Incidentally, the reason why the vehicle was there was because of major issues which Premier were extremely slow to react to - Mice in Flat and Burst Water pipe which meant residents had no water across an entire weekend, other than sporadic placemen of 2Litre bottles here and there. Thats by the by I guess, just highlighting how poor a Management company they are.

In total now I have three claims going via Court. As I have got nowhere so far, and concerned at the thought of attending Court, would anyone suggest finding a professional legal route might be a better chance of fight this? eitherway, I feel this is going to hurt my pocket.

System · 8 August 2018 at 7:21AM

You should write to the court manager and give him a list of the claims and ask for these to be scheduled together to save the court's time. Then the one defence will be used for all three and cuts down on time wasted for everyone.

If you are lucky the judge may throw one or two out for abuse of process (which you should mention when writing to the court manager)

As an afterthought, if you get offers by PM to help you, you might want to let us know.

karenep · 9 August 2018 at 12:00AM

I have a copy of our Lease and scanning though all details related to Parking Space, so far, not a thing about a parking scheme within the lease paperwork.

I will write to the Court Manager as IamEmanre suggests, ty. is there any merit in adding a defence that I was not driving the Vehicle, they are driven by several drivers?

karenep · 12 August 2018 at 12:50PM

I have had my original Solicitor go through the Lease and the matter of charging to Park in ones own allocated space. "Your legal Title specifically demise to you a Car Parking Space - it is not it is not subject to any additional charges or payment, as far as I can see that should be maintained by the Company but no separate charge to use it is payable. If Premier insist that they can charge this then I would request the reference in the Lease on which they seek to rely upon in now introducing a Parking Management Company and charging you"

Yesterday I received a "Notice of Allocation to the small Claims Track (Hearing), advising that the hearing of the claim will take place on 16 November 2018, however, unless the claimant does by 4pm on 19 October 2018 pay to the court the trial fee of £25 or file a properly completed application, then the claim will be struck out with effect from 19 October without further order.

Not sure whether this is a standard paragraph?

Neithertheless, I am compiling a response with all my Lease documents and supporting defence.

KeithP · 12 August 2018 at 12:58PM

karenep wrote: »

Yesterday I received a "Notice of Allocation to the small Claims Track (Hearing), advising that the hearing of the claim will take place on 16 November 2018, however, unless the claimant does by 4pm on 19 October 2018 pay to the court the trial fee of £25 or file a properly completed application, then the claim will be struck out with effect from 19 October without further order.

Not sure whether this is a standard paragraph?

You only needed to stick "Notice of Allocation to the small Claims Track (Hearing)" into google to find this:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688440/n157-eng.pdf

So, as you have quoted it, no it isn't a standard paragraph. Is that really what it said?

The 'standard' paragraph can be seen on that sample form.

System · 12 August 2018 at 1:20PM

Not sure whether this is a standard paragraph?

Yes it is a standard paragraphs. Court rules were tightened up months ago to stop claimants (their solicitors really) letting cases run to a hearing but not paying the hearing fee. This para was changed to warn claimants no fee / no hearing / no warning.

If you are going to send them the lease, get proof of posting and include a "drop hands" offer with it. If they continue after seeing the lease and lose, then hit them for additional costs.

karenep · 14 August 2018 at 12:35PM

http://forums.pepipoo.com/index.php?act=attach&type=post&id=57267

Copy of my Lease.

Coupon-mad · 14 August 2018 at 9:06PM

Please can you pick out the relevant parts for people to have a quick look at?

Have you acknowledged all the claims, but so far only put in a defence for one?

Umkomaas · 14 August 2018 at 9:10PM

This is moving on apace today on PePiPoo.

http://forums.pepipoo.com/index.php?showtopic=122013

Coupon-mad · 14 August 2018 at 9:16PM

Post #18 is useful; the lease has already been scrutinised then.

VCS Parking Fines - Now Court Papers arrive URGENT ADVISE PLEASE

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