Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • markudman
    • By markudman 8th Jan 18, 8:44 PM
    • 350Posts
    • 212Thanks
    markudman
    Resident Parking
    • #1
    • 8th Jan 18, 8:44 PM
    Resident Parking 8th Jan 18 at 8:44 PM
    Hi I have found the bottle to start a thread, I have read the Newbie’s Thread and followed some of the advice,
    Here is my story, I moved into a new flat with my wife and kids, in Sept 2017, the parking cowboys, PCM mismanage the parking, I am off work sick due to an autoimmune disease which means I have problems with pain all over my body so cannot always help my wife with, Kids Shopping, etc.

    I had 3 cars, (sold one now) but got about 8 tickets, for different reasons, but all the usual reasons, PCM would not issue permits until they got the V5 in my address, this took a few weeks, we asked for temp permit which after a fight with the managing agent got them, also we got scratch cards and displayed them in the cars, but still got tickets,
    there are 3 entrances to the estate, only one (the back one) has signs on them .
    I have talked to the landlord and are not interested in helping, but have not spoke to them yet about quite enjoyment.

    So after reading lots of forums, decided to play a game with them, I appealed knowing that they would get rejected, I then used different letters and appeals to IPS, I am waiting for their rejections.

    The main reason for appeal was signage or lack of it, they say they have 63 signs throughout the estate, (it’s a big estate) which may or maybe not be true, but there are no signs on 2 of the entrances and have photos to prove, a total of about 20 photos showing the entrance and a walk through to the parking etc,
    a few signs can be seen, one which is about 20 foot away from the parking area, over a grassed area which cannot be read from the parking area, and one which is next to one saying resident parking only, so confusing.

    I have checked the size of the signs and they are not bigger that 0.3 sqm so no advertising consent needed, I am checking planning soon.

    I have 2 NTK from them, for the same car, one to the hirer, and one to the keeper? Both say they got the details from DVLA, and my wife is a Mr, but the V5 is Mrs,

    I have asked them for proof that they have a contact with the land owner.

    On their Prima Facie Case they say that they have a contact with Merton Council since 2009, the land was sold to a housing association in 2010? I have checked this with land registry and downloaded the plan.

    The other point which I am hoping will be a winner if all else fails, (I have not gone along this line yet with the appeals) is my tenant’s agreement, it has no referents to parking in it, but says:
    Common Parts,
    Means any part of the building containing the property and any land or premises which the tenant is entitled under the terms of this tenancy to use in common with the landlord and other owners or occupiers of other flats in the building.
    As in:
    In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

    In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.
    Last edited by markudman; 08-01-2018 at 8:50 PM.
Page 16
    • markudman
    • By markudman 6th Apr 19, 1:45 PM
    • 350 Posts
    • 212 Thanks
    markudman
    Got A letter today from Gladstones asking for a special direction, That the case be dealt with on the papers and without the need for a oral hearing.

    The request is sought simply because the matter is in our clients opinion relatively straight forward and the costs incurred by both parties for attending an oral hearing would be disproportionate

    Is this them running scared?

    The judge has already said they that this is so confusing that we need half a day.
    also on the the letter its address to miss, and then its dear Mr are they really that bad?
    Last edited by markudman; 06-04-2019 at 1:49 PM.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 6th Apr 19, 1:54 PM
    • 350 Posts
    • 212 Thanks
    markudman
    They have also asked that the hearing (if I do not consent to the paper hearing) be heard in there local court?
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • Umkomaas
    • By Umkomaas 6th Apr 19, 2:04 PM
    • 23,716 Posts
    • 37,945 Thanks
    Umkomaas
    Got A letter today from Gladstones asking for a special direction, That the case be dealt with on the papers and without the need for a oral hearing.

    The request is sought simply because the matter is in our clients opinion relatively straight forward and the costs incurred by both parties for attending an oral hearing would be disproportionate

    Is this them running scared?

    The judge has already said they that this is so confusing that we need half a day.
    also on the the letter its address to miss, and then its dear Mr are they really that bad?
    Originally posted by markudman
    They have also asked that the hearing (if I do not consent to the paper hearing) be heard in there local court?
    Originally posted by markudman
    But that’s standard procedure from Gladstones. After 15 months of coming to the forum I would have thought you would have read dozens of other threads involving Gladstones, where this has been covered many, many times before.

    You reject both - you want a hearing in person, and in your local court.

    Do a forum search on keywords Gladstones relatively straightforward.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,747Posts Today

8,351Users online

Martin's Twitter