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  • FIRST POST
    • akzy1990
    • By akzy1990 10th Jun 18, 5:38 PM
    • 17Posts
    • 3Thanks
    akzy1990
    Ace Security FIRST APPEAL ARGH!
    • #1
    • 10th Jun 18, 5:38 PM
    Ace Security FIRST APPEAL ARGH! 10th Jun 18 at 5:38 PM
    Hello everyone!!! I have been reading and reading and reading and its amazing to see such success!! My brain is frazzled now and with so much information to be taken in, i have been overwhelmed. I have read all about ACE and Gladstones appeals (i am at that stage too for 3 more from ACE but I have not responded to them at anytime so will post a thread at some point). I have appealed many fines and had good success however these people really really get under my skin, and I want to make it perfect!! I really want to shut them up. This was the letter I sent to appeal, and also what they sent back. As my emotions are getting the better of me, I just want some clarification and cool heads as I don't want to over do it and say the wrong thing. My appeal is as follows.......:

    You issued me with a parking ticket on ……. but I believe it was unlawfully issued. I will not be paying your demand for payment for the following:


    • There was insufficient signage

    The car park in question has no clear signage to explain what the relevant parking restrictions are for RESIDENTS of the parking space. This means no contract can be formed with the landowner and all tickets are issued unlawfully. In addition, the parking space is private and paid for directly to the landlord. Nowhere does it state in the tenancy agreement, which was signed by the residents of the parking space, that you have the right to issue tickets to residents who pay for their parking. We pay for the parking space and these are the requirement in our legally binding document, Tenancy Agreement.

    • The charge is disproportionate and not commercially justifiable

    The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner. In my case, the £100 charge you are asking for far exceeds the cost to the landowner as the land owner is already being paid the correct sum for the parking. I therefore feel the charge you have asked for is excessive.

    • Mitigating circumstances

    There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. Please see attached evidence, which is an e-mail confirming that the car parked has been looked into and is registered property of a resident.


    Finally, I would like to ask you to prove your assertions of issuing tickets. I would like to ask for either a copy of the contract that binds yourselves with the landowner to issue tickets, which is my right in an appeal, or offer a witness statement as an alternative to the contract itself, that is signed by the landowner as per BPA Code of Practice 22.16b.

    If you choose to pursue me, please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

    ......:

    After reading some info on the threads I know the commercially justifiable point is weak.

    Please find below the between our landlord and myself.

    Dear Landlord

    I hope all is well at the office and in general.

    I am e-mailing you the logbook of the car registered to .... in order to request a parking permit for our parking space. Also I sould like to thank you for contacting Ace Securities to hold off for at least a week. Thank you for taking the time to complete this request.

    ........:

    Dear Registered Owner,

    Just to confirm that Ace Security are aware & have logged your new cars registration for 1 week.

    Regards

    ........:

    After the one week a ticket was issued. Can I still do it??? Can I still appeal with the hope of winning???

    Hope someone can help, thanks everyone
Page 2
    • KeithP
    • By KeithP 25th Jul 18, 9:03 PM
    • 8,637 Posts
    • 8,549 Thanks
    KeithP
    So you have received a Claim Form from the County Court Business Centre in Northampton, is that right?

    What is the Date of Issue on that Claim Form?

    Have you done the Acknowledgement of Service to buy an extra fourteen days to prepare your Defence?

    There is a pictorial guide, in a Dropbox file, linked from post #2 of the NEWBIES FAQ sticky thread which explains how to do the AoS.
    .
    • IamEmanresu
    • By IamEmanresu 26th Jul 18, 6:10 AM
    • 2,978 Posts
    • 5,013 Thanks
    IamEmanresu
    Have you been in touch with the HA to ask why they have allowed Ace to interfere with your lease (the core of your defence) and secondly why they have allowed Ace to take this all the way to court. See what they say unless you've already had something back.

    Secondly the HA is likely to have a formal complaints mechanism which goes all the way up to the Housing Ombudsman. You might want to kick off that process too so you can feed any court win, into a major complaint there.

    Whereas your MP may be gone by Xmas, the HO and the courts will still be there.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • The Deep
    • By The Deep 26th Jul 18, 6:42 AM
    • 9,969 Posts
    • 9,764 Thanks
    The Deep
    If the HA are a registered charity you might consider complaining to HM Charity Commissioners that they are contracting liars, cheats and scammers to gouge money out of their tenants. There is nothing charitable about PPCs.
    You never know how far you can go until you go too far.
    • akzy1990
    • By akzy1990 12th Aug 18, 2:31 PM
    • 17 Posts
    • 3 Thanks
    akzy1990
    I have complained to the HA and they failed to comply with their 15 day standard service to respond to a complaint (as stated in their procedures). I have been very stern with the HA and expressed how serious the situation is. They have made several mistakes so far so hopefully that is in my favour.

    In addition I have received the notice of proposed allocation to the small claims track. Am I correct in saying that I will be taking this to an oral hearing and not a paper one as that is the best way to defend!

    The reason I ask is because I have another one to Link parking but gladstone's has sent me the notice of proposed allocation to the small claims track with their own covering letter stating that I can agree payment terms with link parking and they will be happy to listen, they have elected not to mediate and are filing for it to be dealt with paper and their client completed directions questionnaire. Its weird because I have been asking gladstone's for evidence on the link parking case, twice actually and they never gave me anything as I don't have the foggiest as to how this fine came about. anyways i think i have gone off on a tangent as this should be a separate thread.
    • KeithP
    • By KeithP 12th Aug 18, 2:38 PM
    • 8,637 Posts
    • 8,549 Thanks
    KeithP
    Yes, your latest post really has confused things.

    How many claims are you progressing?

    Probably best that you delete your latest post if it is about an entirely different claim. Start a new thread for that if needs be.

    How about answering the questions in post #21?
    .
    • Fruitcake
    • By Fruitcake 12th Aug 18, 3:56 PM
    • 37,194 Posts
    • 83,912 Thanks
    Fruitcake
    In a residential case it s sometimes better for the driver's identity to be admitted.

    Only state that a person was not the driver if that is the case. If it isn't, then don't state it.

    I'm a bit confused by the need to display a permit if it isn't in the tenancy agreement. I don't know enough about HAs and rental properties though to comment whether displaying a permit should or should not be done.
    Last edited by Fruitcake; 12-08-2018 at 4:07 PM.
    I married my cousin. I had to...
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    • akzy1990
    • By akzy1990 12th Aug 18, 4:09 PM
    • 17 Posts
    • 3 Thanks
    akzy1990
    i have responded with a defence
    i was almost out of time so i sent a defence in, i'm confident in it but i feel i panicked as well. i received the small claims track form from the court.
    • akzy1990
    • By akzy1990 12th Aug 18, 4:10 PM
    • 17 Posts
    • 3 Thanks
    akzy1990
    your right
    i am pursuing 3 for ace and 1 for link which I have no clue about, i requested information from link and gladstone's but nothing.
    • KeithP
    • By KeithP 12th Aug 18, 4:11 PM
    • 8,637 Posts
    • 8,549 Thanks
    KeithP
    Oh well, I'll leave it to someone else as I cannot understand what's going on and you seem unwilling or unable to explain it.

    Good luck.
    .
    • akzy1990
    • By akzy1990 12th Aug 18, 4:23 PM
    • 17 Posts
    • 3 Thanks
    akzy1990
    sorry and thank you
    thanks for trying to help, i read back and found some of it confusing as well, especially the last post. despite it being my first case no excuses as I have read the newbies thread and get the gist. I will improve and explain everything properly.
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