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Residential parking in allocated bay - Court Claim received

245

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You may also like to consider how you can extract revenge for all of this hassle. You can when you win ask the judge for unreasonable behaviour expenses, and consider in slower time a claim for improper use of your data.

    These companies are hired to manage parking for the benefit of the occupants, not to harass them.
    You never know how far you can go until you go too far.
  • Zita_Z
    Zita_Z Posts: 15 Forumite
    Hi,
    Thanks so much... It's been such a nightmare so far, the scare tactics and the threats really caused a lot of stress. I am not sure if I should counterclaimor just be happy when (if) it's over... I will surely address the topic with the property managers and the managing agent as I am not the only one in the complex who got PCNs for ridiculous reasons from this sham of a company.

    In terms of the wording/length of the letter, is this more or less okay to send off? Shall I dial back on the accusatory tone a little or is this still within acceptable boundaries?

    Many thanks for all your help!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 12 June 2017 at 6:21PM
    It's been such a nightmare so far, the scare tactics and the threats really caused a lot of stress. I am not sure if I should counterclaim ...

    Why not? A small amount for stress, say not more than £100, should bring them to their senses, plus a claim for unreasonable behaviour costs. Have you got your landlord on side?

    The beauty of a counter claim is that it means that the PPC cannot not pull out at the last minute.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 131,614 Forumite
    Name Dropper First Post Photogenic First Anniversary
    is it a possibility that the court will strike the case out and I won't actually have to go to court? Or at this point is it a given that I'll have a court hearing? A bit nervous as a foreigner to appear in court without representation (twice, as my boyfriend is fighting them too...).

    It is possible that the court might strike out a claim, yes.

    And possible that the claimant might discontinue. We do see cases discontinued, when robustly defended.

    But many proceed to a hearing (where we see people here win, 99% of the time) so you must proceed on the assumption that there will be a hearing for you and your boyfriend. It is TERRIBLE that your boyfriend is also fighting this menace, and I think you should also mention that in your defence, that:

    This claimant is using predatory practices and targeting residents to the extent that you are aware of others also having to fight these charges, despite the residents having primacy of contract.

    I like your defence. I would say 2.4 needs editing as it is written to say 'you' which should be changed to match the rest of the defence, i.e. 'the Claimant'.
    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
  • Zita_Z
    Zita_Z Posts: 15 Forumite
    I know it is hard to tell, but based on the story (sticker falling on the floor, being sick at the time, no contract and no mention of them on my lease), do I have any chance of the court dismissing it without a hearing? Cause if I do, I might just stick to my defense. I have to keep in mind that I have 2 tickets to defend (my boyfriend got one too for a similarly ridiculous reason). I assume if I counterclaim than there is a higher chance of this actually ending up in court (a hearing), and their solicitor showing up (as they have more of a financial interest)?

    Also, is it best to avoid admitting I was the driver? My current defense relies on the fact that I was unwell at the time I parked my car, which implies that I was driving it. Am I better off admitting this and rely on the illness as a circumstance, or is it always best to NOT admit if you were the driver?
  • Coupon-mad
    Coupon-mad Posts: 131,614 Forumite
    Name Dropper First Post Photogenic First Anniversary
    based on the story (sticker falling on the floor, being sick at the time, no contract and no mention of them on my lease), do I have any chance of the court dismissing it without a hearing?

    Probably not; strike-outs are rare, and normally due to poorly-worded claims, not the defence.
    I assume if I counterclaim than there is a higher chance of this actually ending up in court (a hearing), and their solicitor showing up (as they have more of a financial interest)?
    Yes, and counter-claims are not easy to write (there is no template). So you might prefer just to defend.

    Also, is it best to avoid admitting I was the driver? My current defense relies on the fact that I was unwell at the time I parked my car, which implies that I was driving it. Am I better off admitting this and rely on the illness as a circumstance, or is it always best to NOT admit if you were the driver?
    I would remove the bit about being unwell, and would instead have a section putting the claimant to strict proof of their full compliance with the POFA, stating that the driver has not been evidenced and there is no lawful obligation upon a keeper to give up the name of the driver to a private parking firm.
    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
  • Zita_Z
    Zita_Z Posts: 15 Forumite
    Thank you so much for the advice. I ended up removing the unwell bit, and added a brief paragraph about the fact that they have not identified the driver and POFA requirements should be met for Keeper Liability to apply. Unfortunately, in my boyfriend's case, we were naive enough to go through their internal appeals process. I can't remember 100% but I think in order to do that he had to admit to being the driver. From your experience, how much harder does it make to defend cases where the driver is known? Or is it irrelevant as long as the defence is solid? Thank you
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
    edited 15 June 2017 at 8:01AM
    Not wanting to be a wet blanket, but you don't have a lease - your landlord does. You have a tenancy agreement. I am assuming this from your posts.

    Your landlord can not confer rights to their tenant that are not allowed in their lease, nor can they override and restrictive clauses. So sight of the lease would help you.

    You mention Beavis, which does have some benefits for motorists in amongst the victory for PPCs. But since courts generally assume it is a PPCS winner and judges have almost certainly not read the bit you are relying on re penalties, you should quote the relevant paragraphs.

    I would revisit your defence to ensure that you are not inferring that you have a lease.
    Furthermore, you should claim some form of natural curtailment of your freedom to enjoy a normal residency as if you wanted to give a visitor your parking space, there appears to be no scheme to allow you to do this.
  • Zita_Z
    Zita_Z Posts: 15 Forumite
    Thank you Guys Dad, I made a few corrections. I changed lease to tenancy agreement. I also added another paragraph from a defence found here about ParkingEye v Beavis. I think this applies to my case (residential, own dedicated bay):

    This case can be easily distinguished from ParkingEye v Beavis, which the Judges held was 'entirely different' from most ordinary economic contract disputes. Charges cannot exist merely to punish drivers. This claimant has failed to show any comparable 'legitimate interest' to save their charge from Lord Dunedin's four tests for a penalty, which the Supreme Court Judges found was still adequate in less complex cases, such as this allegation.
  • Zita_Z
    Zita_Z Posts: 15 Forumite
    Hi,

    I have sent my defence to the court almost a month ago and haven't received the Directions Questionnaire yet, is this normal?
    Also, Gladstones have sent me an email with a copy of their DQ (trying to steer me towards paper-based hearing...). I'm not sure if it's them being proactive or they have already received theirs.
    I check my mailbox vigilantly every day and nothing yet, so I'm just a little worried I'm going to miss some deadline.

    Thanks for any advice on this.
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