PCM taking me to court for parking in my own space?

Elipsis · 9 June 2017 at 6:44PM

Hi,

I've tried reading the stickies and my head is just a blur (I blame the pregnancy hormones) and so I was wondering if someone could give me some advice on this.

Basically, in November I was parked in my own spot and got a PCN from PCM. My parking permit had fallen onto the floor from my dashboard and I hadn't realised. However, since my lease contract states that I have right to park in that and does not mention anything about needing a parking permit, I was advised to ignore. Not sure if these was wise rather than to appeal, but I've appealed before for the same thing at my previous residence and been rejected, so I thought it was pointless. I ignored everything that came through. Then last week I got a letter from some solicitors saying that I had 7 days to pay or they "may" take me to court. However, I was on holiday and therefore only got this through today, the same time as the final demand from the solicitors stating that I have 7 days to pay and the client has instructed them to issue court proceedings. However, this has also expired.

The letter says if I don't pay I will get a CCJ, however I have some questions about this:

1) If they do issue court proceedings, do they not have to tell me the date so I can go argue my case?
2) Is a CCJ not only issued if I don't pay the court's sum - they can't give me a CCJ for not paying a PCN?
3) Have they even got a case? I mean £100 for parking in my own space (which has obviously now gone up) is ridiculous. I have got a parking permit, it had just fallen down. Could I realistically get a cease and desist order against them?

Elipsis · 9 June 2017 at 7:51PM

I should add as well, the PCN's did not give me any address or website which I could send an appeal to nor did it give me any evidence.

Coupon-mad · 9 June 2017 at 7:51PM

Same as all the other residential cases. They will try a small claim and you will likely win. You can't appeal now but we see these all the time, stick around and start searching the forum. We have loads of cases like this every week.

Elipsis · 9 June 2017 at 8:05PM

Do you think it's worth sending an email to the solicitors explaining that they gave me no form of appealing (only a hotline to pay) and that as a resident of the property my contract overrides any contract they may have with the management company?

Elipsis · 9 June 2017 at 8:06PM

I was mostly just afraid because reading some stuff online made it seem like because I'd ignored it, they automatically will win

Coupon-mad · 9 June 2017 at 8:10PM

Elipsis wrote: »

Do you think it's worth sending an email to the solicitors explaining that they gave me no form of appealing (only a hotline to pay) and that as a resident of the property my contract overrides any contract they may have with the management company?

No. The solicitors are not reasonable. Search the forum for their name. Please do some homework on other threads. We win 99% of defended cases (could be 100% as I can't recall one that lost where we helped throughout).
Nothing to worry about.

What did you learn from the court section when you read the 'NEWBIES PLEASE READ THIS FIRST' thread at the top?

Fruitcake · 9 June 2017 at 8:31PM

We see more and more of these every day. The scammers and solicitors ignore anything and everything you say, but you have to go through the process in order to win.

Your lease trumps any made up Ts and Cs the scammers may try to add. Your lease has primacy of contract and more and more of these cases are being thrown out by the judges, but they have to be defended to ensure they don't get a default judgement against you.

Have a look here about some of the daft case the scammers have brought. You should respond to every letter you get from the scammer's solicitors, and rebut everything they say. Start by quoting the cases from the link below where judges have said a third party (parking scammers) cannot add Ts and Cs to an existing contract (your lease/AST) where you already have an unfettered right to park.

Personally I would send the permit back telling the scammers you withdraw any implied right of access, you will not submit to any third party parking scheme, and any further tickets received in your demised space will be treated as trespass.

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

Elipsis · 9 June 2017 at 8:32PM

I learnt they rarely take to court. And out of 19043 tickets issued this year they have taken just 156 to court. Which does help to make me less stressed about the situation.

If you believe that a letter to the solicitor won't help, I will sit back then and wait for the Claim Form to come through (if it comes through). And since they only gave me 7 days and that has now expired, I expect that through very soon if it were to come.

beamerguy · 9 June 2017 at 8:43PM

Who is the solicitor ???

Elipsis · 9 June 2017 at 8:46PM

Gladstone Solicitors

beamerguy · 9 June 2017 at 9:05PM

Elipsis wrote: »

Gladstone Solicitors

That figures ..... Gladstones are the most incompetent solicitors
who we now see on a regular basis that they fail in court

Judges do not like these scammers wasting the courts time especially with residential parking where you have a right to park.

CCJ's only happen if you lose in court and do not pay.
They are trying to scare you

There is no point in contacting Gladstones, you will be talking to
the brain dead so as said above .... just wait now and if a real claim comes from a court, normally Northampton, then come back here for all the help you need.

In the meantime read up on these incompetent solicitors here
http://parking-prankster.blogspot.co.uk/2017/

In the search box at the top type in
1: Gladstones
2: Residential Parking.

Have a good laugh especially what Gladstones get up to
and Judges who whoop them

PCM taking me to court for parking in my own space?

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