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, 9:44 PM
    • 335Posts
    • 202Thanks
    markudman
    Resident Parking
    • #1
    • 8th Jan 18, 9:44 PM
    Resident Parking 8th Jan 18 at 9:44 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 9:50 PM.
Page 14
    • Coupon-mad
    • By Coupon-mad 2nd Mar 19, 8:25 PM
    • 68,591 Posts
    • 80,864 Thanks
    Coupon-mad
    OK in court the judge asked for The parking con to serve amended particulars, I got them today, the pictures show a different car to the the one in the particulars. different reg, make and model and about ten years between them,
    both car were owned by me but on different dates.

    I really am not sure if they are winding me up or they are really that incompetent.
    Originally posted by markudman
    You could not make it up!

    OK, now prepare a sassii style costs schedule (see NEWBIES thread). Four figures, for punitive costs for wholly vexatious and unreasonable conduct in the case from start to finish, for which there is no reasonable explanation.

    Your £255 set aside fee and costs for appearing that that hearing are just the start. Go for your hours of wasted time in dealing with this, including but not limited to, your hours at £19 per hour or higher (half the hourly rate of a band D 'trainee solicitor/paralegal' fee earner can be appropriate, in rare cases we've seen, and yours now seems like a complete farce and a waste of your valuable time and that of the court).

    After this set aside hearing that you described below, did the DJ issue an Order and state that they have to issue amended particulars and then you are to send a defence by a certain time?
    Ok so an update on today's court hearing,
    So the first and most important, all case where set aside,
    Judge was fair, she told us both off, but mainly him, (Elms Legal)
    she said the paperwork from Gladstones was incomplete and sent stuff to the court but not to me, she also said that they needed to amend they paper to show my wife as a women and not a man.
    They needed to put vehicle reg's / ticket numbers on the documents.
    she wants the paperwork in 14 days for a trial,
    The Elms man said signage a few times and the judge basically said is that all you got?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • markudman
    • By markudman 2nd Mar 19, 8:25 PM
    • 335 Posts
    • 202 Thanks
    markudman
    also how do I ask for costs? and how much can I ask for?
    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 2nd Mar 19, 8:29 PM
    • 335 Posts
    • 202 Thanks
    markudman
    After this set aside hearing that you described below, did the DJ issue an Order and state that they have to issue amended particulars and then you are to send a defence by a certain time?

    Yes I have to have my defence in by Monday 4pm
    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.
    • KeithP
    • By KeithP 2nd Mar 19, 8:50 PM
    • 13,660 Posts
    • 14,922 Thanks
    KeithP
    also how do I ask for costs? and how much can I ask for?
    Originally posted by markudman
    Have you given up on reading the NEWBIES thread?

    Post #2 has a section on costs, with the answers to your questions.


    But you already know that... Coupon-mad has just minutes ago told you:
    OK, now prepare a sassii style costs schedule (see NEWBIES thread).
    Last edited by KeithP; 02-03-2019 at 8:52 PM.
    .
    • markudman
    • By markudman 2nd Mar 19, 8:52 PM
    • 335 Posts
    • 202 Thanks
    markudman
    No I'm at a loss its too much for me to take in, to me its really confusing
    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 2nd Mar 19, 9:15 PM
    • 335 Posts
    • 202 Thanks
    markudman
    Have you given up on reading the NEWBIES thread?

    Post #2 has a section on costs, with the answers to your questions.


    But you already know that... Coupon-mad has just minutes ago told you:
    Originally posted by KeithP
    KeithP I think me and coupon-mad posted at the same time, so I am sorry that it crossed,
    I may have said this before, I am not being lazy, I have Cognitive impairments, and its more difficult for me to take information on board.
    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.
    • Fruitcake
    • By Fruitcake 2nd Mar 19, 9:24 PM
    • 39,139 Posts
    • 87,414 Thanks
    Fruitcake
    Look for a thread by a poster called sassii and learn what he/she did with regard to costs. That is what C-m was trying to tell you.

    Highlight the different cars to the judge. If you can prove the car in the latest image was not registered to you at the time of the alleged event, or is not the same one as in their original claim, then show that. If you can prove your car was parked on a public road/highway and not a privately owned parking space then do so.

    Whatever you can do to rubbish the scammers evidence you must do to show how unreasonable the scammers have been, and why they should never have requested your data from the DVLA.

    Submit your costs schedule to the court before your next hearing then if you win you can refer to it and ask for those costs to be paid to you.

    If you can show the scammers have been unreasonable for whatever reason, quote the relevant part of the CPR to get the extra costs due to you as a result.
    Last edited by Fruitcake; 02-03-2019 at 9:33 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • markudman
    • By markudman 3rd Mar 19, 8:41 AM
    • 335 Posts
    • 202 Thanks
    markudman
    Hi thank you all for help,
    I have been looking for the costs schedule by sasii but can not find in anywhere, can someone please point me to it
    Many thanks
    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 3rd Mar 19, 10:14 AM
    • 22,512 Posts
    • 35,433 Thanks
    Umkomaas
    Hi thank you all for help,
    I have been looking for the costs schedule by sasii but can not find in anywhere, can someone please point me to it
    Many thanks
    Originally posted by markudman
    Do a forum search (using the excellent forum search engine) for this thread title 'PCM & Gladstones want a revenge' then scroll to post #30 in it. There's a link in that particular post.

    Took me all of 20 seconds to find.
    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.
    • Le_Kirk
    • By Le_Kirk 3rd Mar 19, 10:56 AM
    • 4,338 Posts
    • 3,482 Thanks
    Le_Kirk
    HERE is a link to the post mentioned earlier.
    • markudman
    • By markudman 3rd Mar 19, 1:14 PM
    • 335 Posts
    • 202 Thanks
    markudman
    Do a forum search (using the excellent forum search engine) for this thread title 'PCM & Gladstones want a revenge' then scroll to post #30 in it. There's a link in that particular post.

    Took me all of 20 seconds to find.
    Originally posted by Umkomaas
    Best 20 seconds of your life, LOL
    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 3rd Mar 19, 1:23 PM
    • 335 Posts
    • 202 Thanks
    markudman
    This trial is for 4 tickets / and two people (me and my Wife) do I do a cost for each ticket, or each person?
    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.
    • KeithP
    • By KeithP 3rd Mar 19, 4:18 PM
    • 13,660 Posts
    • 14,922 Thanks
    KeithP
    One costs schedule per hearing.
    .
    • markudman
    • By markudman 4th Mar 19, 7:32 AM
    • 335 Posts
    • 202 Thanks
    markudman
    Great piece by sasii, Thank you
    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 15th Mar 19, 4:38 PM
    • 335 Posts
    • 202 Thanks
    markudman
    I got a letter from laughstones today, saying they are discontinuing one ticket, is this because they have seen my evidence sent to them by the court?
    I am really pi**ed I really wanted to give them a slap in the face in court,
    Can I do anything to get in back in front of the judge?
    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.
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

1,259Posts Today

6,982Users online

Martin's Twitter
  • It isn't statistically representative true. But to say that tells us nothing isn't correct. It shows what people i? https://t.co/JBLu6Cd8a5

  • Very interesting that on my Facebook page (which tends to be more pro Brexit) the same vote, with similar number of? https://t.co/NgYxaQDCnr

  • Morning. I'm on my way to @GMB for my 7:40 deals of the week. This week incl how to beat the stamp price hike, a fr? https://t.co/DYJoF6NzKV

  • Follow Martin