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  • 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 12
    • markudman
    • By markudman 4th Dec 18, 6:25 PM
    • 350 Posts
    • 212 Thanks
    markudman
    What does I intend to contest jurisdiction mean?
    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.
    • Redx
    • By Redx 4th Dec 18, 6:26 PM
    • 23,277 Posts
    • 29,668 Thanks
    Redx
    I believe means if the courts in england and wales cannot deal with it, for example, if the defendant was in scotland, northern ireland or timbuctoo , or if its supposed to be dealt with in a magistrates court (like bylaws) and not civil court
    Last edited by Redx; 04-12-2018 at 6:34 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • markudman
    • By markudman 4th Dec 18, 6:32 PM
    • 350 Posts
    • 212 Thanks
    markudman
    OK 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 4th Dec 18, 8:04 PM
    • 350 Posts
    • 212 Thanks
    markudman
    Maybe a silly question, just looking though all the paperwork and Gladstones sent me a bundle, (letter before claim) and its for a completely different vehicle than the one that they are claiming for.
    can I tell the court that I never got a letter before claim for this vehicle?
    and they have not follow Pre-court conduct and protocols.
    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.
    • DoaM
    • By DoaM 4th Dec 18, 8:36 PM
    • 7,288 Posts
    • 7,165 Thanks
    DoaM
    Out of interest, is it a vehicle of yours? (If it's not yours then there's a possible GDPR data breach they've committed).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Fruitcake
    • By Fruitcake 4th Dec 18, 10:36 PM
    • 39,972 Posts
    • 89,121 Thanks
    Fruitcake
    Out of interest, is it a vehicle of yours? (If it's not yours then there's a possible GDPR data breach they've committed).
    Originally posted by DoaM
    This is the most important question.

    If it aint your ve-hicle, you bain't liable and why the hell are the scam solicitors involved?

    Even if it is yours but isn't the one on the original PCN, then I think it is still a GDPR breach.
    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
    • Coupon-mad
    • By Coupon-mad 4th Dec 18, 10:43 PM
    • 74,396 Posts
    • 86,926 Thanks
    Coupon-mad
    You could report Gladstones to the Information Commissioner if they sent your photos and data about someone else's vehicle.

    And yes you can then mention that in your defence, briefly, to explain that the Claimant failed to provide any valid details whatsoever at the time of the pre-action communications, having sent photos of someone else's car.
    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 5th Dec 18, 9:04 AM
    • 350 Posts
    • 212 Thanks
    markudman
    OK the vehicle in the LBC was my wife's
    The vehicle that they are taking me to court for,
    was one I brought for a customer, never in my name.
    I only had it in my possession for about a day.
    But did not want anyone else to get the ticket so appalled it knowing that they would reject it, maybe panicked a bit.
    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 5th Dec 18, 5:05 PM
    • 350 Posts
    • 212 Thanks
    markudman
    I thought I had 28 days to reply to this claim but its only 14 and Gladstones have already got judgement(my bad) so I am asking for it to be set aside.
    is this OK to send to get it set aside?

    First, I am sorry this is late, I have a brain injury and it takes time for me to process all this,
    I would like the judgement to be set aside,
    I was never sent a letter before claim from PCM or Gladstones for this vehicle,
    they did not follow pre-action protocol
    PCM had no right in giving a ticket PCM gave a ticket on the highway, I have proof from the council that the land is not private.
    I feel that PCM have also broken the data protect act, by requesting my data from DLVA without reasonable cause.
    I have maps from the council to show it is maintained at public expense, I also have conformation that the Council do not outsource any parking control, and it is all done in house.
    I would also like to counter sue, for Emotional distress, and breach of data protection.
    I have given the map to PCM, and they continue to put tickets on my and other cars parked there.
    I also have photos of my car parked on Council land with the map and a note telling them that it is highway, but they just put a ticket on top of them.
    I have spoken to my Mental health team about this and they have upped my medication.
    I have also spoken to my Neuro Consultant, as she is carrying out my rehab program, instead of moving forward all we seem to talk about is the parking company.

    I be relying on in support of my application?
    Letters from the council and maps from the council showing this as highway
    Photos of the area
    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 5th Dec 18, 5:18 PM
    • 23,971 Posts
    • 38,500 Thanks
    Umkomaas
    If you missed the deadlines for dealing with the court claim - Acknowledgement of Service (AOS) essentially within 14 days of issue gaining you a further 14 days to produce your defence - a set aside would seem very difficult to achieve.

    It would cost you £255 which even if you got the set aside, you would be unlikely to recover that outlay. You'd then need to defend the original claim.

    If you failed to AOS, then you only had the first 14 days available to defend. Once the deadline is reached and no defence submitted, the PPCs/their sols are lightning fast in applying for default judgment.
    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.
    • KeithP
    • By KeithP 5th Dec 18, 5:23 PM
    • 15,808 Posts
    • 18,764 Thanks
    KeithP
    But post #184 started:
    With a Claim Issue Date of 7th November, you have until Monday 26th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.
    You thanked that post.

    Why on earth didn't you do the AoS there and then?
    .
    • markudman
    • By markudman 5th Dec 18, 5:35 PM
    • 350 Posts
    • 212 Thanks
    markudman
    KeithP my brain does not work, I have done the AOS for the others they have sent,
    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 5th Dec 18, 5:40 PM
    • 350 Posts
    • 212 Thanks
    markudman
    will it help if I get my Consultant to write to the court explaining my difficulty's since my brain injury?
    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 5th Dec 18, 6:21 PM
    • 15,808 Posts
    • 18,764 Thanks
    KeithP
    There has to be a limit to what a private parking ticket forum can do.

    Perhaps ask on Legal Beagles forum whether a Consultant's letter may influence a judge.
    .
    • Coupon-mad
    • By Coupon-mad 5th Dec 18, 6:28 PM
    • 74,396 Posts
    • 86,926 Thanks
    Coupon-mad
    It should help, yes, as there must be 'reasonable adjustments' made for people with protected characteristics (defined in the Equality Act 2010) to access the courts service.
    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 19th Dec 18, 12:48 PM
    • 350 Posts
    • 212 Thanks
    markudman
    Reply from DVLA, what a load of bull, but did I expect any less.
    if DVLA looked at the evidence that will see the cars parked clearly on the highway, the evidence was mostly supplied by the council.

    Thank you for your email of xx November 2018 about the release of information from the Driver
    and Vehicle Licensing Agencyís (DVLA) vehicle register.
    The DVLA takes the protection and security of its data very seriously and has procedures in place
    to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the
    Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of
    motorists is respected while enabling those who may have suffered loss or damage to seek
    redress.
    Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits
    the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for
    needing it. The release of information under this legislation is not based on the consent of the
    data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in
    these circumstances does not breach the Data Protection Law and the Information
    Commissionerís Office is fully aware that data held on the DVLAís records is released in this way.
    Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out
    on signage in the car park. The need to contact individuals who may not have complied with these
    conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by
    the DVLA to enable landowners or their agents to pursue their legal rights and to address
    disputes. I hope you can appreciate that if this were not the case, motorists would be able to park
    with disregard for the conditions applying with little prospect of being held accountable.
    While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it
    is not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil
    disputes between motorists and private car park enforcement companies. The DVLA cannot
    regulate any aspect of a companyís business. Any representations should be made to the
    landowner or his agent, however I have been in correspondence with Parking Control
    Management (UK) Ltd to review the evidence for all 3 of the vehicle registration numbers you have
    mentioned and DVLA are satisfied that reasonable cause has been met to seek keeper data.
    To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA
    discloses vehicle keeper information only to companies that are members of an appropriate
    Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an
    ATA is to ensure that those who request DVLA information are legitimate companies that operate
    within a code of practice. The code of practice promotes fair treatment of the motorist and ensures

    Page 2 of 2
    that there is a clear set of standards for operators that cover, among other things, signage,
    appeals processes, and methods of contacting drivers.
    The company in question Parking Control Management (UK) Ltd is a member of the International
    Parking Community (IPC) which is an Accredited Trade Association for the parking industry. The
    IPCís code of practice is published on its website at www.theipc.info under the heading Accredited
    Operators Scheme. If a member of this AOS does not comply with the code of practice, it may be
    suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel
    that any of the practices used by the company do not comply with the IPCís code of practice, you
    may wish to contact the IPC at PO Box 431, Knutsford, WA16 1EP.
    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 18th Jan 19, 4:45 PM
    • 350 Posts
    • 212 Thanks
    markudman
    Great news Sir Gregs bill passed it second reading in the house of lords.
    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 18th Jan 19, 4:55 PM
    • 350 Posts
    • 212 Thanks
    markudman
    Just to keep everyone in the loop, I have got a hearing in my local court to get these tickets set aside,
    due to my health conditions, my application for help with court fees (form EX160) have been accepted.
    Just waiting for a date now.

    as always there is a question,:-)
    Gladstones have had these heard in 6 separate cases, can i ask the court to hear them all in one hearing, (or Two) as 2 are in my wife's name and 3 in my name and one that they have misspelled and the court have rejected as its not been sighed by Mr ------- instead signed by Mrs --------
    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.
    • Coupon-mad
    • By Coupon-mad 18th Jan 19, 5:14 PM
    • 74,396 Posts
    • 86,926 Thanks
    Coupon-mad
    Gladstones have had these heard in 6 separate cases, can i ask the court to hear them all in one hearing, (or Two) as 2 are in my wife's name and 3 in my name and one that they have misspelled and the court have rejected as its not been sighed by Mr ------- instead signed by Mrs --------
    Hmmm, there are two ways of looking at these!

    If you win the set aside, you could ask for all hearings to be merged...

    OR you could stay silent on that, leaving the PPC to have to pay for 4 hearings (or whatever) if they want these 4 cases to proceed!).

    Which PCNs/claims does your set aside application relate to?

    Just one?

    All of yours but not your wife's as she is a different Defendant?

    Is she doing her own set aside or are hers not at CCJ set aside stage?
    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 18th Jan 19, 6:28 PM
    • 350 Posts
    • 212 Thanks
    markudman
    Hi Coupon-Mad,
    I have funding for 5 CCJ's to be set aside, 3 of mine and 2 for the wife, the last one I have, I have written to the court explaining that there is no one at this address with the name Mr - --------- only a Mrs - -------
    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.
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