Gladstone Court Claim - Visitors Bay - Help

TRNC · 12 June 2018 at 10:47AM

I have received a claim form from Gladstones (on behalf of PCM (UK) Ltd) for a PCN for parking in a visitors bay without a permit on 28/08/2017 (a bank holiday!).

I have followed the newbies thread and sent an appeal (it was actually sent later than the 30 days) which they brushed off because of the lateness, I did reply saying these dates are arbitrary but from then on just received letters from the debt collector.

I then received a LBC which I replied to using the newbies thread template but received none of the documents or information asked for and so I didn't reply back.

The keeper of the vehicle parked in a visitors bay with the permission of a resident,however, they were not in possession of any visitor permits so these could not be placed on the vehicle.

The signs at the site are these new PCM ltd signs posted on a thread by AoD on 15/05/2014 - as a new user I can't post the link

AOS is done. Is there any information from the claim form which would help people contribute to my defence?

nosferatu1001 · 12 June 2018 at 11:06AM

DId you get a response to your response to the LBA? Yes or NO. What youve written is a little confusing.

You can, just post a BROKEN link, same as everyone does - chnge HTTP to HXXP and we will fix it.

No, what we need to know is what the residents lease / AST / etc says about visitor bays. You MUST find this. Now.

Loadsofchildren123 · 12 June 2018 at 11:12AM

what do the signs say about visitors? Do they say you have to get a permit from the office? What about if the office is closed? Then this aspect of the contract is frustrated because it's impossible to perform.

That's quite aside from whether they are entitled to impose permit requirements which might conflict with the parking rights granted in the leasehold. You'd argue both in your defence. To educate yourself about this aspect, read hairray's thread.

TRNC · 12 June 2018 at 11:18AM

DId you get a response to your response to the LBA? Yes or NO. What youve written is a little confusing.

Yes I did get a response to the LBC/LBA but they did not provide any of the information which I asked for and I saw no reason to reply to that.

You can, just post a BROKEN link, same as everyone does - chnge HTTP to HXXP and we will fix it.

Link to sign: hxxps://forums.moneysavingexpert.com/showthread.php?t=4972024

No, what we need to know is what the residents lease / AST / etc says about visitor bays. You MUST find this. Now.

I have now requested this from my friend.

what do the signs say about visitors? Do they say you have to get a permit from the office? What about if the office is closed? Then this aspect of the contract is frustrated because it's impossible to perform.

See link for exact wording but basically must display correctly completed visitor scratch card, for up to 24hours. Doesn't mention where to get these. Also the tenant had none left so I would assume as there is no alternative the contract is 'frustrated'?

Thank you, I will read Hairray's thread. And provide the lease asap.

The_Deep · 12 June 2018 at 11:37AM

[B ... but basically must display correctly completed visitor scratch card, for up to 24hours. [/B]

Why do tenants/owners put up with this rubbish? How do you get a scratch card to a British Gas engineer. Why should you have to jump through hoops to get your boiler serviced.

Coupon-mad · 12 June 2018 at 11:44AM

Agreed, why do residents even agree to display a permit or faff around with visitor ones?

If people stood up and point blank refused in the first place these residential car parks wouldn't be the shark infested waters that residents allow them to be.

Loadsofchildren123 · 12 June 2018 at 2:37PM

Has the occupant ever been told how to obtain these mysterious scratch cards?

It's all very well trying to impose the obligation to display them, and ignoring arguments about their right to do that, but if you're not told how to obtain them then how are you supposed to get your hands on one? Eg is there an office on site, do you have to phone and ask for one, do you get given some at the start of the year to use and then have to request more if you run out?

TRNC · 12 June 2018 at 3:07PM

They have some at the start then have to request more once they run out, at the time they have none left.

Edit: The tenant has to purchase the scratch cards!

TRNC · 12 June 2018 at 11:27PM

The residents lease does not mention visitor bays at all, just about the terms of use of their allocated space. Residents do also have a document from PCM (UK) Ltd - is it safe to upload the picture of the document here? It mentions how scratch cards can be purchased by contacted PCM (UK) Ltd and the regulations of parking in the visitors bays (this isn't part of the lease document).

Coupon-mad · 12 June 2018 at 11:44PM

Residents do also have a document from PCM (UK) Ltd - is it safe to upload the picture of the document here? It mentions how scratch cards can be purchased by contacted PCM (UK) Ltd and the regulations of parking in the visitors bays

Yes that is a vital document for us to see.

TRNC · 13 June 2018 at 12:16AM

hxxp://i67.tinypic.com/okokco.jpg

hxxp://i68.tinypic.com/2e3v8dk.jpg

Had to alter links but those are two pictures of the PCM (UK) ltd document and the relevant section of lease.

Gladstone Court Claim - Visitors Bay - Help

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