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Claim Form has arrived in post- what are my options?

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2

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  • KeithP
    KeithP Posts: 37,650 Forumite
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    If there is nothing in your tenancy agreement / lease saying that you can be charged an exorbitant amount for failing to display a permit, then you are in a good position.
  • Natasha123
    Natasha123 Posts: 11 Forumite
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    If i go to court and i lose the case do i still have the option to pay the £1200 plus costs and not have a ccj?
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Yes.

    If you lose in court and pay in full within a month of the judgement then it is removed (expunged!) from the records
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    THey stated they have no documents? They lied. They have to still have documents if they are filing a claim!

    Send in a DSAR. Require them to send you ALL documents relating to you. ALL. of them. Do that today.

    Then assuming you acknowledged the claim, GET ON WITH YOUR DEFENCE. You have MONTHS before this gets to a hearing, they only have 40 DAYS to get your data to you.

    SO do it.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    edited 6 April 2018 at 7:50PM
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    Natasha123 wrote: »
    is there any point me going to court to fight it with very little/ no evidence?
    do i have a leg to stand on?
    if i go and fight it and i don't wIn can i then pay the full amount and have the CCJ wiped?
    I'm applying for my first mortgage in the summer so i really dont want a CCJ!! :(

    Absolutely go for it and beat this 'outrageous scam' (Hansard)! :T

    Show us your draft defence & include the fact they didn't supply any information when you requested it.
    to throw another spanner in the works i now only have 2 days remaining to send the forms back to the court as I've spent the past week trying to find a way out of this....
    Riiight, so we hope you've now done the online AOS, as shown in pictures in the NEWBIES thread (very easy), and extended your time to defend to 28 days?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Natasha123
    Natasha123 Posts: 11 Forumite
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    Online AOS done, I've also sent them a request for data so I can get all the evidence through. thanks for everyones help so far...
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Have you titled it a Data Subject Access Request?
  • Natasha123
    Natasha123 Posts: 11 Forumite
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    I hadn't but now I have, just resent with amended title
    thanks
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 9 April 2018 at 1:33PM
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    UKPC are fraudsters, read this

    https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

    and these for background

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

    https://www.parkingcowboys.co.uk/residential-parking/

    https://bmpa.zendesk.com/hc/en-us/articles/213801109-Parking-Control-Management-Roboclaim-Residential-site

    https://bmpa.zendesk.com/hc/en-us/sections/115000492465-Residential-parking-problems
    Your landlord is required by the HMR&C to keep a copy of the AST for at least five years. Also, if you used a letting agent they will have a copy. Neighbours also be able to help

    Whether you win or lose depends on how the lease is worded, normally a lease is all you need to park in your place, it is called Promacy of Contract, google it.so you need to make a strenuous effort to obtain it.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Natasha123
    Natasha123 Posts: 11 Forumite
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    thanks, do i take this to mean if it says nothing in the lease about a parking space then i will have issues, but if the lease states I'm entitled to a parking space (but doesn't specify the exact space number) then i will have a case?
    what else should i be looking out for in my contract?

    thanks
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