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  • FIRST POST
    • markudman
    • By markudman 8th Jan 18, 9:44 PM
    • 304Posts
    • 182Thanks
    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 10
    • KeithP
    • By KeithP 8th Nov 18, 8:37 PM
    • 10,628 Posts
    • 11,017 Thanks
    KeithP
    What is the Issue Date on your Claim Form?
    .
    • markudman
    • By markudman 8th Nov 18, 8:43 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Coupon-mad, not surprised, more overjoyed been waiting for the chance to meet these in court, they have sent 4 claims, I have only looked at 2 and the first one was on council land.
    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 8th Nov 18, 8:47 PM
    • 304 Posts
    • 182 Thanks
    markudman
    issue date 07/11/18
    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 8th Nov 18, 8:50 PM
    • 10,628 Posts
    • 11,017 Thanks
    KeithP
    issue date 07/11/18
    Originally posted by markudman
    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.

    Having done the AoS, you then have until 4pm on Monday 10th December 2018 to file your Defence.

    Over over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as described here:

    1) Print your Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.



    ... they have sent 4 claims, I have only looked at 2 ...
    You say you have four claims. All issued on the same day?
    Why have you only looked at two?
    .
    • markudman
    • By markudman 8th Nov 18, 9:08 PM
    • 304 Posts
    • 182 Thanks
    markudman
    I only looked at 2 because I had a brain injury, and quickly get Cognitive overloaded, so if I read them all at once I will not take any of it in, it was too much reading 2 LOL, tomorrow i will go though them in more detail. One thing i have noticed is that there is no PCN No. on them, no Reg of the cars, no details of anything, they did send me a LBC, but its for loads of different cars, most of them parked on Council Land.
    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 8th Nov 18, 9:10 PM
    • 304 Posts
    • 182 Thanks
    markudman
    I have done FOI to DVLA, and now got proof that they get my details without a good reason.that will be going into the defence
    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 8th Nov 18, 9:14 PM
    • 10,628 Posts
    • 11,017 Thanks
    KeithP
    I have done FOI to DVLA, and now got proof that they get my details without a good reason.
    Originally posted by markudman
    That's funny.

    Care to elaborate?
    .
    • markudman
    • By markudman 8th Nov 18, 9:34 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Keith P, OK I have been given about 10 fake tickets by PCM for parking on Council land, This is not Private land, I done a freedom of information request from DVLA, for proof that they requested details without good reason, they know this is not private land, I have even given them a map from the council showing the boundaries, they have requested details for 4 of my cars, (I buy and sell the odd car) which where all parked it the same place, on council land
    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 8th Nov 18, 9:36 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Heads hurting now, going to rest until tomorrow,
    Thank you all, for all your help
    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 9th Nov 18, 7:58 AM
    • 37,745 Posts
    • 84,765 Thanks
    Fruitcake
    Have you complained to the DVLC and ICO about being ticketed on a public road? There is no reason to wait until you get to court, and you may get something back from them that might help you in court.

    You may want to put in a counterclaim now to stop the scammers withdrawing at the last minute, otherwise you would have to start a claim of your own after your court case has finished.
    With a counterclaim, you are guaranteed a day in court and you will only have to explain everything once to one judge.

    See what others think.

    By the way, I think you are doing a fab job.
    Last edited by Fruitcake; 09-11-2018 at 8:55 AM.
    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 9th Nov 18, 9:58 AM
    • 304 Posts
    • 182 Thanks
    markudman
    Thanks Fruit Cake, I am going to sent a compliant to both today, you are right, this would be great evidents to have in the court room, and love the counter claim bit, I really really want to see them in front of a Judge.

    Many thanks
    Mark
    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.
    • nosferatu1001
    • By nosferatu1001 9th Nov 18, 10:25 AM
    • 3,921 Posts
    • 4,719 Thanks
    nosferatu1001
    One vrucial piece of evidence is the Highways Terrier, whcih will definitively show that this is Council land. You can ask for htis from the council directly - not FOI, just ring and ask them! - and can be sent to your email. Should be free aor at most a tiny charge

    Once you have this you can think about hte counterclaim. They will have known because they are required to act with reasonable skill and diligence, that this land was NOT land they had been contracted to operate on. As such they had no right to issue a ticket (if it was on the windscreen this is Trepsass to Goods) and certainly, presuming you did NOT give them your details - they only got your personal info from the DVLA - they had no "reasonable cause" to access your personal, private informaiton that has caused you such distress and harassment.

    Vidal-Hall v Google is a key authority for this, and you will need to use it - for 10 tickets having gone to a claim, AND them not buunlding the claims together as they are *required to do* as officers of the court, I would say £250 per ticket is not unreaonsable

    Howveer, look at how much that would cost you to do.
    • Half_way
    • By Half_way 9th Nov 18, 10:52 AM
    • 4,343 Posts
    • 6,152 Thanks
    Half_way
    on who's instructions are the partying company acting on, in other words who let the parking company loose? who is the management company ?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • markudman
    • By markudman 9th Nov 18, 11:21 AM
    • 304 Posts
    • 182 Thanks
    markudman
    Half-way,
    This is the next part of my action the landlord, they have broken my right to quite enjoyment, also in my lease it says, This is a derogation from grant, in my contract, it said I can use common land for whatever I what to, more importantly, it does not say I will be charged £100 for parking my car on site.

    My plan was to beat PCM in court then take The landlord to court for breach of contract, and any thing else I can get them for.

    But if anyone thinks there is a better way please let me know.
    Last edited by markudman; 09-11-2018 at 12:12 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 9th Nov 18, 12:07 PM
    • 304 Posts
    • 182 Thanks
    markudman
    nosferatu1001
    On the phone now
    reading Vidal-Hall V Google this afternoon
    Sound good that would sort Christmas out LOL
    Last edited by markudman; 09-11-2018 at 12:12 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.
    • Half_way
    • By Half_way 9th Nov 18, 12:17 PM
    • 4,343 Posts
    • 6,152 Thanks
    Half_way
    You need to go one step above the landlord, to the management company, in most cases it will be the management company who will have taken the ppc on, and not the landlord.
    It's usually a good idea to keep the landlord on side, as they will be a victim of the ppc as well
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • markudman
    • By markudman 9th Nov 18, 12:40 PM
    • 304 Posts
    • 182 Thanks
    markudman
    nosferatu1001

    Council want £50.00 for Highways Terrier, but they have sent me a very colourful map of adopted roads
    Last edited by markudman; 09-11-2018 at 12:45 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 9th Nov 18, 12:44 PM
    • 304 Posts
    • 182 Thanks
    markudman
    Half-way
    Sorry I meant Management Company, I have a stage 2 complaint, with them, and they say they are not at fault, lets see if they change there minds, when I beat the Parasites in 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.
    • nosferatu1001
    • By nosferatu1001 9th Nov 18, 12:46 PM
    • 3,921 Posts
    • 4,719 Thanks
    nosferatu1001
    They are clearly at fault, as your peaceul enjoyment has been harmed
    Thats tortoius interference with your lease, for which THEY are liable due to them taking on the PPC.
    • Umkomaas
    • By Umkomaas 9th Nov 18, 12:47 PM
    • 20,237 Posts
    • 31,923 Thanks
    Umkomaas
    nosferatu1001

    Council want £50.00 for Highways Terrier, but they have sent me a very colourful map of adopted roads
    Originally posted by markudman
    If you end up having to pay the council, you simply add that to your cost schedule - that you should now be putting together as your case progresses.
    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.
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