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  • FIRST POST
    • markudman
    • By markudman 8th Jan 18, 9:44 PM
    • 274Posts
    • 151Thanks
    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!!!8217;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!!!8217;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!!!8217;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 7
    • markudman
    • By markudman 4th Apr 18, 7:36 PM
    • 274 Posts
    • 151 Thanks
    markudman
    The Localism Act 2011 has nothing to do with private parking. It's all to do with how Parishes and other councils divy up the work / costs/ income.

    Why do you think it might be relevant?
    Originally posted by IamEmanresu
    this was the final paragraph in there response to my complaint

    If you remain dissatisfied with this decision, as a result of The Localism Act you have
    the right to refer your complaint for consideration by a designated person. This could
    be your local MP or councillor. You can direct your complaint to the Ombudsman
    (contact details below) after eight weeks.
    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 4th Apr 18, 7:45 PM
    • 57,474 Posts
    • 71,082 Thanks
    Coupon-mad
    Oh it looks like it updated the Housing Act:

    http://www.legislation.gov.uk/ukpga/2011/20/section/180/enacted
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • markudman
    • By markudman 4th Apr 18, 7:59 PM
    • 274 Posts
    • 151 Thanks
    markudman
    Special thanks to Coupon-mad and thanks to you all
    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 Apr 18, 8:01 PM
    • 274 Posts
    • 151 Thanks
    markudman
    Oh it looks like it updated the Housing Act:

    http://www.legislation.gov.uk/ukpga/2011/20/section/180/enacted
    Originally posted by Coupon-mad
    is this good or bad ?
    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 4th Apr 18, 8:02 PM
    • 57,474 Posts
    • 71,082 Thanks
    Coupon-mad
    Just gives you another avenue to complain, but your MP and TS are already to be copied in anyway!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • markudman
    • By markudman 7th Apr 18, 5:12 PM
    • 274 Posts
    • 151 Thanks
    markudman
    Right time for a little giggle, this is a reply I got from PCM to the letter Coupon-Mad drafted,

    I write in response to your recent email received originally on the 13th February 2018 and forwarded again on the 5th April2018.
    With regards to the letter you have sent to ----------, I wish to address a few of the matters you have raised. You refer to Google as a reputable source of the operator's practices. Generally, I would comment that parking enforcement is a contentious industry and the views of the public online, in general, represent a biased view of our company. We are confident that our clients are satisfied with our service in providing parking solutions to landowners. The operator works under direct instruction from the landowner !!!8212; we have full authority to operate on this land and will continue enforcement action on contravening vehicles. This does not constitute trespass.
    Parking Control Management (UK) Ltd always ensure they act in full compliance with relevant legislation, guidelines and industry standards.
    We are not prepared to enter into any further correspondence with either of you unless your cases reach a litigation stage, which the Legal Team are considering pursuing.
    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 7th Apr 18, 5:15 PM
    • 274 Posts
    • 151 Thanks
    markudman
    and my reply to them,

    Thank you for your Letter dated 6th April 2018,

    I would like to clarify a few details on your letter, and it!!!8217;s OK if you do not reply, as this is only for your attention, so I am clear and being reasonable.

    I have no idea why you are talking about SAR? Maybe you just needed something to fill up the page?

    I never asked about them and am satisfied that you nearly did as I asked, you did not supply the contract between yourselves and Clarion Housing, hardly a sensitive Document, all the residents would have had to agree to the terms, and has been noted that you are hiding it, maybe for good reason? ( I have asked for this in nearly every commutation with you)

    the law requires that leaseholders (including tenants of private sector properties) paying variable service charges must be consulted before a landlord enters into a long-term agreement for the provision of services.

    Google is the perfect place to look for a company!!!8217;s reputation, if you actually did what you were hired for, I am sure all the residents would welcome you with open arms

    I feel this is one area we will agree on, you are a contentious Company, But as I said in my Letter to ---------, you!!!8217;re also an aggressive third-party nuisance,

    You have no desire to implement proper parking management and only want to introduce schemes which are hard to use, and which allow you to issue as many parking charges to residents as possible.

    The proof being that your Parasites give out tickets at 4am in the morning, not sure you will find many non-residents around at that time in the morning. How is this accountable?

    We can argue all day long about you trespassing, but may be better to let a Judge decide that.

    It has also been noted that you never commented on all the other parts of the letter, IE: the tenancy agreement and primacy of contract, again maybe there is no argument here?

    Parking Control Management (UK) Ltd always ensure they act in full compliance with relevant legislation, guidelines and industry standards.

    Where do we start with this one?
    Signage, no planning permission or advertising rights, premium rate number, Credit card charges, Signs hidden, Sighs confusing, signs etc etc
    You may say it!!!8217;s going to take a long time to change all your signs, but you replaced them in January due to them being vandalised over Christmas, but did not change the wording.

    Trespassing, Predatory Tactic, giving invoices for parking on the highway, which is not private land, you have no contract with Merton Council, I proof of this in writing from the Council that you
    DO NOT have any contract with them and all parking is inhouse.
    and the list goes on.

    As to the litigation, I am looking forward to meeting your company and Gladstones / BW Legal in a court room.
    But this not about me it!!!8217;s about the way you operate your business, I have talked to lots of residents and have not found any happy one!!!8217;s (with the subject of parking / PCM),In fact To be totally open with you I have had a thousand flyers printed and delivered ( I have attached one for your perusal) I have a data base of unhappy residents, it has also been noted that all the invitations you have had to attend a meeting with residents Inc invitations from our local MP, you have attended none, which show you are as being unreasonable to deal with this situation.
    And with a court case behind me it will be a little easier to make my point

    And to be very Clear,
    I do not recognise any authority from the parking company you have chosen to impose upon residents. For the avoidance of doubt, I have entered into NO contract with PCM Written or unwritten

    Again, Many thanks for your Letter
    Last edited by markudman; 07-04-2018 at 5:58 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.
    • Coupon-mad
    • By Coupon-mad 8th Apr 18, 12:01 AM
    • 57,474 Posts
    • 71,082 Thanks
    Coupon-mad
    Well done for continuing to take the stand you are against this nuisance parasite firm, encroaching on your peaceful enjoyment of your property.

    I saw a typo but you may have already sent it?

    commutation
    should be
    communication
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • markudman
    • By markudman 8th Apr 18, 8:47 AM
    • 274 Posts
    • 151 Thanks
    markudman
    Well done for continuing to take the stand you are against this nuisance parasite firm, encroaching on your peaceful enjoyment of your property.

    I saw a typo but you may have already sent it?

    should be
    Originally posted by Coupon-mad
    Its going this morning and thank you I will correct it now,
    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.
    • Le_Kirk
    • By Le_Kirk 8th Apr 18, 11:26 AM
    • 2,676 Posts
    • 1,544 Thanks
    Le_Kirk
    Signs hidden, Sighs confusing, signs etc etc
    Presume you meant signs, although it made I larf!
    • markudman
    • By markudman 8th Apr 18, 8:05 PM
    • 274 Posts
    • 151 Thanks
    markudman
    Presume you meant signs, although it made I larf!
    Originally posted by Le_Kirk
    It sort made's sense, Sigh
    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 Apr 18, 1:43 PM
    • 274 Posts
    • 151 Thanks
    markudman
    Got this Today

    Dear ------------
    Thank you for your email and copy correspondence with ---------- Housing. I note your concerns that -------------- have entered into a contractual arrangement with PCM to control parking on behalf of tenants. This is not a matter that the Trading Standards Service can investigate.
    Yours sincerely

    -------------------
    Trading Standards Manager
    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.
    • Castle
    • By Castle 9th Apr 18, 2:02 PM
    • 1,712 Posts
    • 2,305 Thanks
    Castle
    Are the Service Charge Accounts subject to audit?
    • markudman
    • By markudman 10th Apr 18, 1:39 PM
    • 274 Posts
    • 151 Thanks
    markudman
    Got this today, I was starting to think Gladstones did not exist, lets see what they send me next LOL.

    You have previously been written to requesting settlement of a parking charge. Due to the absence of payment or a valid appeal against the charge, our client has instructed us to recover the total amount due to them as shown above.
    As all other attempts have failed, our client may now instruct us to take legal action against you in the County Court. To prevent such action you must pay the full amount outstanding within 14 davs of the date of this letter.
    You can make payment directly to TRACE Debt Recovery UK Limited online by visiting www.tracerecovery.co.uk or by calling 03300 080 477.
    It is important that you understand that if a County Court Judgment ('CCJ') is registered against you then this could seriously affect your chances of obtaining credit in the future as this information can be made available to any interested parties via the Register of Judgments, Orders and Fines, and will remain there for 6 years. Additional court fees and legal costs may be recoverable from you if a CCJ is obtained and can be enforced by a County Court bailiff.
    If you are unsure about anything contained within this letter, you should seek advice from a solicitor or contact one of the following organisations who may be able to help you: Citizens Advice, Civil Legal Advice, Step Change Debt Charity, National Debtline, Advice UK, or Christians Against Poverty.
    Yours sincerely,
    Gladstones Solicitors
    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 10th Apr 18, 1:44 PM
    • 274 Posts
    • 151 Thanks
    markudman
    My wife is also a Mr, be interesting if she turned up to court and they said they are looking for Mr not 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.
    • KeithP
    • By KeithP 10th Apr 18, 2:04 PM
    • 7,226 Posts
    • 6,730 Thanks
    KeithP
    That latest letter is a debt collector's letter. It just happens to be on Gladstones' headed paper.

    Post #4 of the NEWBIES FAQ sticky thread give comprehensive guidance on how to deal with debt collector's letters.
    .
    • nosferatu1001
    • By nosferatu1001 10th Apr 18, 2:12 PM
    • 2,516 Posts
    • 3,051 Thanks
    nosferatu1001
    REspond to Gladstones with the PCN reference, asking about their most recent correspendence and stating you need them to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days.

    THey will respond stating they dont know what youre talking about. Because THEY dont have the PCN ref yet. THis confirms the TRACE letter is a FALSE INSTRUMENT and would be hilarious to show in court.

    If you send the TRACE Ref theyll realise the issue and NOT respond
    • The Deep
    • By The Deep 10th Apr 18, 3:16 PM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep

    You have previously been written to requesting settlement of a parking charge. Due to the absence of payment or a valid appeal against the charge, our client has instructed us to recover the total amount due to them as shown above.
    As all other attempts have failed, our client may now instruct us to take legal action against you in the County Court. To prevent such action you must pay the full amount outstanding within 14 davs of the date of this letter.
    You can make payment directly to TRACE Debt Recovery UK Limited online by visiting www.tracerecovery.co.uk or by calling 03300 080 477.
    It is important that you understand that if a County Court Judgment ('CCJ') is registered against you then this could seriously affect your chances of obtaining credit in the future as this information can be made available to any interested parties via the Register of Judgments, Orders and Fines, and will remain there for 6 years. Additional court fees and legal costs may be recoverable from you if a CCJ is obtained and can be enforced by a County Court bailiff.
    If you are unsure about anything contained within this letter, you should seek advice from a solicitor or contact one of the following organisations who may be able to help you: Citizens Advice, Civil Legal Advice, Step Change Debt Charity, National Debtline, Advice UK, or Christians Against Poverty.
    Yours sincerely,
    Gladstones Solicitors
    You never know how far you can go until you go too far.
    • markudman
    • By markudman 10th Apr 18, 8:12 PM
    • 274 Posts
    • 151 Thanks
    markudman
    Thank you all again here is my reply:

    Ref:

    To Whom It May Concern,
    I refer to your letter of 03-04-18, and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

    http://www.justice.gov.uk/courts/pro...action_conduct

    Thirdly, You need to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully
    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.
    • Castle
    • By Castle 10th Apr 18, 8:45 PM
    • 1,712 Posts
    • 2,305 Thanks
    Castle

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully
    Originally posted by markudman
    Gladstones are not in the Credit Services Association.
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