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  • FIRST POST
    • Natasha123
    • By Natasha123 5th Apr 18, 1:35 PM
    • 11Posts
    • 2Thanks
    Natasha123
    Claim Form has arrived in post- what are my options?
    • #1
    • 5th Apr 18, 1:35 PM
    Claim Form has arrived in post- what are my options? 5th Apr 18 at 1:35 PM
    4 years ago I was living in a block of flats which used a private company (UKPC) to patrol the car park and give tickets to anyone who wasn't displaying their permit.

    I had a number of instances where I wasn't displaying my permit, some from before I was given the permit and some from when I misplaced the permit.

    When i got the first ticket i did contact them by phone but was told i had no case for appeal as i was parked there without a permit, despite the signs making it clear i needed to splay permit.

    i felt it was a total injustice and following advice i read online i ignored all further communications, and all further tickets.

    it all went quiet for a number of years until i received a 'letter before claim' from SCS Law, requesting 1120 for unpaid tickets. i ignored that too and now I've got letter from the court.

    Do i now just need to pay them the 1120 plus the 150 costs? There are 7 tickets they are claiming for

    problems-
    1) i dont have any of the photographic evidence and now its been passed to court they said they dont have them available to resend to me...and I'm not sure they would help anyway

    2) i dont have anything in writing around which space was mine, this wasnt covered in contract

    3) all the details are very hazy as it was so long ago

    4) I've spoken with the building management who have said that as so much time has lapsed they cant do anything to help get the tickets cancelled

    another query- if i pay it now i dont get a CCJ- is that correct? if i let it go to court and i lose the case do i then have the option to pay it and prevent getting a CCJ? Or by that point is the CCJ non contestable?

    to throw another spanner in the works i now only have 2 days remaining to send the forms back to the court as I've spent the past week trying to find a way out of this....

    thanks in advance
Page 2
    • Natasha123
    • By Natasha123 9th Apr 18, 1:31 PM
    • 11 Posts
    • 2 Thanks
    Natasha123
    thanks, do i take this to mean if it says nothing in the lease about a parking space then i will have issues, but if the lease states I'm entitled to a parking space (but doesn't specify the exact space number) then i will have a case?
    what else should i be looking out for in my contract?

    thanks
    • Coupon-mad
    • By Coupon-mad 9th Apr 18, 9:32 PM
    • 65,831 Posts
    • 78,325 Thanks
    Coupon-mad
    Look for anything that gives the landowner a right to introduce 'regulations' for the convenience of residents/for the proper management of the site (or similar).

    Read Link v Blaney, a well-known case lost:

    https://padi.zendesk.com/hc/en-us/articles/115004207805-Tenants-Link-v-Blaney-C9GF03Q9

    Compare it to Link v Parkinson and Pace Recovery v Mr N similar cases won:

    http://www.parking-prankster.com/case-law.html

    You can also read Jopson v Homeguard there, and Pace v Lengyel is good, too. Second page:

    http://www.parking-prankster.com/more-case-law.html
    Last edited by Coupon-mad; 17-04-2018 at 12:01 AM.
    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
    • redrabbit17
    • By redrabbit17 16th Apr 18, 8:07 PM
    • 17 Posts
    • 34 Thanks
    redrabbit17
    Mine is a similar case and I'm drafting my defence now but the guys from the letting agency are not being helpful and allowing me a copy of the lease. It briefly mentioned 'must park in designated bays' in my tenancy agreement and I was given a numbered permit which I have photographic proof of. It was a few years ago and I am no longer a customer of theirs. Can I still mention 'Primacy of contract' in my defence without a solid copy of the original leasehold documents?
    • Quentin
    • By Quentin 16th Apr 18, 8:24 PM
    • 38,042 Posts
    • 22,138 Thanks
    Quentin
    Don't keep hijacking others threads

    If you have questions not covered by the newbies FAQ thread start your own thread
    • Natasha123
    • By Natasha123 15th Oct 18, 10:46 AM
    • 11 Posts
    • 2 Thanks
    Natasha123
    my defence follows this format. i'm not legally trained so didnt want to make it look like i was, and have been struggling to understand all the legal jargon:

    I am ******* of *******, defendant in this matter.

    The defendant lived in ****** from ****** until ******.
    The defendant was staying in a friend’s spare bedroom, *******. The flat was owned my ******** During the time ****** lived there she was the owner of a *****, reg: *******

    Property owner gave the defendant a parking permit for use during her stay. There were 2 permits issued per flat, landlord used one and the defendant was given the another.

    4.1
    Ticket number: $$$$$$$$$$
    Ticket issued: **-**-**


    Reason for issuing ticket:
    The Claimant claims that the driver of the vehicle breached the terms of the agreement by parking in a designated ‘permit holder parking space’ without clearly displaying a valid permit.

    The Defendant claims the permit was displayed however had slipped down to the bottom of the windscreen. It will only have been clearly visible when viewed from above.

    For that reason the ticket was unjustified.

    Appeal submitted by defendant.
    Photographic of permit requested and submitted.
    Appeal rejected by claimant, reduced settlement of 15 offered.

    etc etc

    there are 7 tickets in question
    • KeithP
    • By KeithP 15th Oct 18, 1:55 PM
    • 12,119 Posts
    • 12,863 Thanks
    KeithP
    Wasn't your Defence filed back in April?

    What stage are you at now?
    .
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