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  • FIRST POST
    • Max1111
    • By Max1111 25th Jun 19, 12:21 AM
    • 34Posts
    • 24Thanks
    Max1111
    URGENT HELP PLEASE: 3400 demanded by Parking Ticketing Ltd - Claim Form received
    • #1
    • 25th Jun 19, 12:21 AM
    URGENT HELP PLEASE: 3400 demanded by Parking Ticketing Ltd - Claim Form received 25th Jun 19 at 12:21 AM
    Hi everyone. I have been reading through the NEWBIES thread - I still have much reading to do. It was mentioned it would take about a week to read through everything thoroughly and to get familiarised with details of what steps to take and so I really don't want to congest this forum prior to doing that but i have just received a Claim Form and I am so unbelievably distressed. There are strict time limits and I really need urgent help. The Claimant is Parking Ticketing Ltd and I have checked that they are a member of the BPA, but the parking signs say Private Parking Solutions London Ltd. The letters from SCS Law also refer to Parking Ticketing Ltd. This looks strange - am I right? if not, here are the details of situation:

    The sign says the penalty is 100 but one letter from SCS Law has stated 120 for parking in a designated "Permit Holder Parking Space" ... I then have another letter amounting to 500 worth of penalties. I do not understand how they have come up with these ridiculous figures.
    The other issue is that the vehicle was acquired for me by my brother-in-law via a Hire Purchase Agreement. He has never driven the car. Is there a way I could get his name off this claim at all? this is most distressing for me. There is a part on the Acknowledgment of Service form that says "Defendant's full name if different from the name given on the claim form". Would putting down my name be sufficient to take my brother-in-law's name off the claim?

    I wanted to upload some photos but was not allowed as a new member.


    I really apologise for the long text and I sincerely appreciate any responses and your time.
    Last edited by Max1111; 23-07-2019 at 12:13 AM.
Page 2
    • Max1111
    • By Max1111 15th Jan 20, 6:26 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    Hi everyone

    I have my hearing very soon and I had a couple of issues which I hope someone would advise on.

    1. So the Claimant has sent me a fat pile that basically includes photos that mostly show nothing. Just shots of the vehicle not bearing a permit, and there is hardly any proper clear shot that shows the PCN has been served correctly and is stuck to the windscreen.

    2. Also, they have sent multiple copies of Notices to Keeper, which I have literally never ever seen in my life. I KNOW for a fact I have not received these and its causing me such phenomenal distress to see that they can just shove these documents in my face when I have actually never received them. The ONLY document they ever sent were the red DRP letters with the warning of legal action. How can I argue this or convince the Judge that they're lying?

    3. This claim is a residential one. I will be arguing primacy of contract. The Claimant claims they manage the parking pursuant to a contract with the Estate Agents ( who are the managing agent on behalf of the landowner). My BiL is not party to this contract and was never informed of such a contract.

    Having observed the lease, the Claimant claims that although the right to park has not been expressly mentioned in the lease, the claimant would presume that the Defendant's right to park would have come from a contract with the managing agent of the site.

    They have further argued that according to the lease terms the landowner or agent appointed on their behalf is able to introduce regulations on the lessee in the interest of good estate management and the essay is required to observe the same regulations.

    Despite all of the above, my BiL has neither entered a contract with the estate agent nor is the lease in his name. He merely has signed a contact with another estate agent whom he rented the property from; and his tenancy agreement doesn't mention any of the above parties.

    I would be so so grateful if anyone would take some time to give me their opinion and advice.

    "
    • Redx
    • By Redx 15th Jan 20, 6:34 PM
    • 26,868 Posts
    • 35,163 Thanks
    Redx
    1) good , the worse their evidence the better

    2) you cannot prove they are lying , all they have to do is post them , they don't have to prove arrival , just that in all probability they posted them. The fact they post thousands every year would mean that a judge would accept their assertion that the ntk were posted , then tell you to move on

    3) good , primacy of contract usually trump's signage etc , one was won today on that point, read that thread
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Umkomaas
    • By Umkomaas 15th Jan 20, 6:43 PM
    • 26,636 Posts
    • 43,767 Thanks
    Umkomaas
    Are the individual NtKs each dated, and does each show a photo of your vehicle?

    Even if no photo, do the VRM and make and model of your vehicle correspond?

    In relation to each of the dates on which the PPC say the contraventions took place, do the dates of each NtK tie in, i.e., does each NtK date fall in the period of 28-56 days after each contravention? Some forensic work for you to do.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Max1111
    • By Max1111 15th Jan 20, 6:53 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    Yes the Notices are dated but none of them have any photos of the vehicle.

    Yes the VRM matches :-(

    I will get on with the forensic work.
    • Max1111
    • By Max1111 15th Jan 20, 6:57 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    So is it not a problem that the lease does indeed contain some provision for changes by the lessor? Sorry if this is a silly question or if I'm repeating myself, but do I have a chance then by stating that I am not a party to the lease nor to the contract between the Claimant and the managing estate agent? So I have a tenancy agreement which doesn't mention any of the parties above.
    • Max1111
    • By Max1111 15th Jan 20, 6:59 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    Sorry I forgot to mention that the photos are not on the Notice to Keeper if that's what you meant. The photos are just printed on A4 pages and filed separately.
    • Max1111
    • By Max1111 15th Jan 20, 7:06 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    Redx, I tried searching for the thread, did an advance search too but can't seem to find the thread. Would you kindly take the time to send a link to it if possible.
    thank you
    • Redx
    • By Redx 15th Jan 20, 7:27 PM
    • 26,868 Posts
    • 35,163 Thanks
    Redx
    Redx, I tried searching for the thread, did an advance search too but can't seem to find the thread. Would you kindly take the time to send a link to it if possible.
    thank you
    Originally posted by Max1111
    Bottom of page 2 at the moment

    https://forums.moneysavingexpert.com/showthread.php?t=6090607

    Your best search would be the title of a hit song by Queen

    Duh duh duh AOBTD

    Use the song title to find all the winners
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Max1111
    • By Max1111 15th Jan 20, 7:49 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    Many many thanks Redx!

    AOBTD it is.
    • Umkomaas
    • By Umkomaas 15th Jan 20, 8:13 PM
    • 26,636 Posts
    • 43,767 Thanks
    Umkomaas
    Sorry I forgot to mention that the photos are not on the Notice to Keeper if that's what you meant. The photos are just printed on A4 pages and filed separately.
    Originally posted by Max1111
    Thanks. They're not essential, but had they been included, it would be easier to confirm that the NtK and correct vehicle were tied together ... or not.

    It's neither helpful nor unhelpful to you, nothing further to explore in that context. Continue checking each and every contravention and their corresponding dates.
    Last edited by Umkomaas; 15-01-2020 at 9:19 PM.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Max1111
    • By Max1111 20th Jan 20, 8:58 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    Good evening everyone,

    I have received a vital piece of evidence today, something which I could not obtain until now.
    My hearing is this week. Should I just take it with me and show the judge or should I send it off to the court tomorrow? Will he accept it on the hearing day??
    • KeithP
    • By KeithP 20th Jan 20, 9:14 PM
    • 19,688 Posts
    • 25,130 Thanks
    KeithP
    Send it to both the court and the claimant now.

    Surprising both the court and the claimant is asking for it to be disallowed.
    .
    • Max1111
    • By Max1111 20th Jan 20, 9:44 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    I see. I will send it ASAP.
    Thank you so much for your prompt response.
    • Max1111
    • By Max1111 20th Jan 20, 9:55 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    I am sorry if this is a silly question, but, could I take a page of typed notes (just a few cues and pointers I have jotted down out of sheer nervousness that I will forget the main points I want to argue)?

    (I have found some new points to argue).
    • beamerguy
    • By beamerguy 20th Jan 20, 10:03 PM
    • 13,389 Posts
    • 19,268 Thanks
    beamerguy
    I am sorry if this is a silly question, but, could I take a page of typed notes (just a few cues and pointers I have jotted down out of sheer nervousness that I will forget the main points I want to argue)?

    (I have found some new points to argue).
    Originally posted by Max1111
    Of course that's OK, it's a crib sheet, a memory jogger and the judge will expect that
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Max1111
    • By Max1111 20th Jan 20, 10:04 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    Thank you very much for your prompt reply!
    • Coupon-mad
    • By Coupon-mad 20th Jan 20, 11:53 PM
    • 80,851 Posts
    • 95,515 Thanks
    Coupon-mad
    Send the vital piece of evidence with a covering signed and dated supplementary Witness Statement, stating what the attachment is.

    This will be following your first Witness statement of course...of course...I hope....

    Keep PROOF of posting it to the court and Claimant's solicitor, and also email them a copy and print off the 'sent email' immediately and put that print straight into your own court bundle for the day, along with your wage slip.

    But can I check URGENTLY that you DID already file & serve your own witness statement, evidence, costs schedule and the Consumer Rights Act etc and the abuse of process argument against the added 60, this month?

    None of this tells me you did:
    Hi everyone

    I have my hearing very soon and I had a couple of issues which I hope someone would advise on.

    1. So the Claimant has sent me a fat pile that basically includes photos that mostly show nothing. Just shots of the vehicle not bearing a permit, and there is hardly any proper clear shot that shows the PCN has been served correctly and is stuck to the windscreen.

    2. Also, they have sent multiple copies of Notices to Keeper, which I have literally never ever seen in my life. I KNOW for a fact I have not received these and its causing me such phenomenal distress to see that they can just shove these documents in my face when I have actually never received them. The ONLY document they ever sent were the red DRP letters with the warning of legal action. How can I argue this or convince the Judge that they're lying?

    3. This claim is a residential one. I will be arguing primacy of contract. The Claimant claims they manage the parking pursuant to a contract with the Estate Agents ( who are the managing agent on behalf of the landowner). My BiL is not party to this contract and was never informed of such a contract.

    Having observed the lease, the Claimant claims that although the right to park has not been expressly mentioned in the lease, the claimant would presume that the Defendant's right to park would have come from a contract with the managing agent of the site.

    They have further argued that according to the lease terms the landowner or agent appointed on their behalf is able to introduce regulations on the lessee in the interest of good estate management and the essay is required to observe the same regulations.

    Despite all of the above, my BiL has neither entered a contract with the estate agent nor is the lease in his name. He merely has signed a contact with another estate agent whom he rented the property from; and his tenancy agreement doesn't mention any of the above parties.

    I would be so so grateful if anyone would take some time to give me their opinion and advice.

    "
    Originally posted by Max1111
    Last edited by Coupon-mad; 20-01-2020 at 11:56 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    TWO Clicks needed Look at the top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Max1111
    • By Max1111 21st Jan 20, 10:57 AM
    • 34 Posts
    • 24 Thanks
    Max1111
    Good morning Coupon-mad

    Thank you for your response, and the advice. So much appreciated.

    I have, of course, sent off the witness statement and evidence. The only thing I have just remembered is the costs schedule, it completely slipped my mind. There is so much chaos.

    I will be delivering the new evidence to court today.
    • Max1111
    • By Max1111 21st Jan 20, 6:26 PM
    • 34 Posts
    • 24 Thanks
    Max1111
    So, today I went to hand deliver the evidence both to court and to SCS Law. the address is on Canary Wharf. The receptionist said no such law firm exists in this building, and the telephone number is also not for this building at. So she said she couldn't accept the evidence. Then I insisted that she find out what is going on and I showed her the letterhead from SCS Law and she went upstairs and got a guy came down who said he was from LPC Law and that that's the trading name for SCS Law. It sounds so odd. He took the evidence and had a surprisingly pleasant attitude.
    • Castle
    • By Castle 21st Jan 20, 6:43 PM
    • 2,483 Posts
    • 3,551 Thanks
    Castle
    So, today I went to hand deliver the evidence both to court and to SCS Law. the address is on Canary Wharf. The receptionist said no such law firm exists in this building, and the telephone number is also not for this building at. So she said she couldn't accept the evidence. Then I insisted that she find out what is going on and I showed her the letterhead from SCS Law and she went upstairs and got a guy came down who said he was from LPC Law and that that's the trading name for SCS Law. It sounds so odd. He took the evidence and had a surprisingly pleasant attitude.
    Originally posted by Max1111
    Not quite; SCS Law is the trading name of LPC Law Ltd
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