• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • Please note that LegalBeagles is a public forum and the main areas are accessible to all, and as such, please take care your username or posts do not identify you. There is no need to post claim numbers, names or precise amounts to get support with your case. When uploading documents please ensure that you have properly redacted your personal details. Thank you.

Parking Control management - COURT

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Parking Control management - COURT

    Hi All,

    I hope someone can help me, I have received what I believe is an N1 form, sent to me by Gladstones Solicitors on behalf of PCM. I have never been to court before and have been extremely worried, I would really appreciate some assistance on how to tackle this.

    A brief summary

    My sister moved in to her new flat (rented) in June 2016. At the time, we moved in as much furniture as we could get into a small van. There were absolutely no restrictions to park - we had checked this with the caretaker beforehand.

    Nov 2016, assuming the parking regulations were no different, I helped my sister move a desk into her new flat, together with a suitcase full of clothes. We had parked near the entrance of her new flat, not blocking access to any areas and together carried the desk into the building and up to her flat on the 6th floor. I went back down for the suitcase, too my surprise I seen a parking attendant issuing a PCN. I confronted the attendant and explained why I was parked there. I questioned why she was issuing the PCN as we were not aware of any restrictions in place. Although sympathetic, she pointed out a sign and stated I was in breach of the parking terms. She stated that as the ticket had been printed there was nothing she could do. She suggested contacting the appeals department who would immediately revoke the PCN.

    My sister, feeling guilty wrote to parking control management, who responded within 48 hours. They rejected our request to quash the PCN charge. Reading a few forum posts (v old posts) , I chose to ignore letters from PCM – something I know now was a BIG MISTAKE. I never heard from PCM for several months, recently I received a letter before action, and subsequently within a few days of receiving this I was sent out a N1 county court claim form. I didn’t even get the chance to respond to the letter before claim.

    I have filled out the Acknowledgement of service form stipulating that I intend to put up a defence but frankly speaking I have no understanding of how this process works and where to being. I have been reading through posts but have ended up confusing myself and would really appreciate some assistance on how to tackle this situation.

    When the PCN was issued, I took a picture of the sign which stated the following:

    “ NO PARKING ON THIS ROADWAY OR ON PAVED AREAS EITHER WHOLLY OR PARTIALLY AT ANYTIME”

    By parking or remaining at this site otherwise than in accordance with the above you, the driver are agreeing to the following contractual terms:

    You agree to pay consideration in the form of a parking charge in the sum of £100. To be paid within 28 days of the issue. This is reduced to £50 if paid within 14 days.

    I have recently (03/10/2017) returned to the site, it seems as if the company managing the area has changed from PCM UK LTD to P4PARKING. The sign now states clearly

    “NO PARKING ZONE”

    By Parking here you are entering into a BINDING CONTRACTUAL AGREEMENT. Please note this a no parking area, all vehicles will be charged via the insurance of a parking charge notice if found parked within the no parking zone.

    Reading through some of the forum posts I understand the wording of a sign can have a significant impact on the outcome of a county court claim. I have identified two previous judgements ruled in the favour of the defendant based on use of a ‘Forbidding sign’

    LAURA JOPSON v HOMEGUARD SERVICES LIMITED and

    PCM (UK) v Bull (B4GF26K6).

    Would I be right in assuming that I can base my defence on the above? It seems strange that the signs have now been reworded, could this be due to the fact that the existing signs did not establish a contract?

    I’d really appreciate any assistance or guidance that you could provide.

    Thanks
    Tags: None

  • #2
    Re: Parking Control management - COURT

    Hi & welcome to LB.

    Dig out the tenancy agreement & carefully go through it to see what it says re parking & 'quiet enjoyment of the property'.

    Let us know asap (pics of the relevant bits would help).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Parking Control management - COURT

      Have a look here

      Comment


      • #4
        Re: Parking Control management - COURT

        Originally posted by charitynjw View Post
        Hi & welcome to LB.

        Dig out the tenancy agreement & carefully go through it to see what it says re parking & 'quiet enjoyment of the property'.

        Let us know asap (pics of the relevant bits would help).
        Hi all,

        thank you very much for getting back to me so quickly.

        I've copied out the relevant information from my tenancy agreement, as requested

        Cars and Parking
        2.67 Not to park any vehicle, motorcycle, boat, caravan or commercial vehicle on any approaches,
        private roads, common areas or car parks in the development in which the Property is located
        without Our prior written consent.
        2.68 If you rent a specific car parking space or the tenancy includes a parking space, you must
        only park one private motor vehicle in that space and not store, keep or park any boat,
        caravan or commercial vehicle on it or on any shared car park.
        2.69 Not to repair cars, motorcycles, vans or other commercial vehicles at the Property apart from
        general maintenance from time to time to a private motor vehicle of which you are the
        registered keeper provided that you have been granted a right to park as part of this Tenancy,
        or rent a specific parking space.
        2.70 You shall not share occupation of any parking space with anyone else or let anyone else rent
        the parking space from you.
        2.71 You shall use the parking space at your own risk and no liability shall attach to us for any loss
        or damage caused to vehicles or goods.
        2.72 You shall have no right of action or claim against us in the event that you are unable to park in
        any parking space allocated to you due to the same being occupied by a private motor vehicle
        of another tenant or occupier or third party.


        Quiet enjoyment

        To allow You to quietly hold and enjoy the Property during the Tenancy without any unlawful
        interruption by Us or any person rightfully claiming under, through or in trust for Us.

        Comment


        • #5
          Re: Parking Control management - COURT

          Ok

          Another question....did your sister ID who was driving at the time of the incident in the contact with PCM?

          & was the vehicle a hire/lease?

          (2 questions )
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Parking Control management - COURT

            Unfortunately she did.

            I was driving a vehicle owned by my brother.

            Comment


            • #7
              Re: Parking Control management - COURT

              So who is the named Defendant on the court claim form?
              & is it via Northampton CCBC? (MCOL).
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Parking Control management - COURT

                Originally posted by charitynjw View Post
                So who is the named Defendant on the court claim form?
                & is it via Northampton CCBC? (MCOL).
                The named defendant is me, with all previous letters being addressed to me (rather than the owner of the vehicle).

                Yes it's via Northampton CCBC

                Comment


                • #9
                  Re: Parking Control management - COURT

                  & the registered keeper (per DVLA, circa Nov 2016) is.......?
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Parking Control management - COURT

                    Registered keeper was my brother during that period.

                    Comment


                    • #11
                      Re: Parking Control management - COURT

                      Ok, it seems to point to the assumption that your name (& possibly address) has been given to PCM as being the driver at the time.
                      No worries......you can deal with that properly in due course.

                      Have you formally acknowledged the court claim yet?
                      CAVEAT LECTOR

                      This is only my opinion - "
                      Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Parking Control management - COURT

                        Formally acknowledged earlier today as it was getting close to the 14 day period.

                        Comment


                        • #13
                          Re: Parking Control management - COURT

                          Just to add, not sure if this will prove to be useful but I am in the process of writing to PCM's data controller. I'd like to find out exactly what info they hold on me.

                          Comment


                          • #14
                            Re: Parking Control management - COURT

                            There is a case where the judge said that loading/unloading furniture was not parking and it would be impossible to live in flats if this was not permitted. I think that was Jopson.

                            The signs are all forbidding they cannot say you cannot park and therefore do not create a contract to park. Charging when there is no contract is a penalty which is not allowed.

                            Comment


                            • #15
                              Re: Parking Control management - COURT

                              So definitely Jopson for loading/unloading
                              http://nebula.wsimg.com/f6d657adf7df...&alloworigin=1

                              & Bull (Forbidding signage....same sign by the sound of it)
                              http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1
                              CAVEAT LECTOR

                              This is only my opinion - "
                              Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              No announcement yet.
                              Loading...

                              upgrade to vip

                              Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                              only £15/yr

                              Offers available. No subscription traps.

                              sign up now



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X