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Hello!
My partner has received a Claim Form for a PCN from One Parking Solution, the alleged offence date being 13/01/2018, nearly 2 years ago! The ticket was issued for parking one of our cars in a Visitors space on the estate we live on, probably 50 yards from our house. The Council manage the public roads but the Managing Agents manage the grounds and the allocated parking spaces and visitors spaces. So, not quite ticketed for parking in our space, but not far off. We had a visitors pass, but it had slipped off the dashboard, simple as that. One Parking Solution has since been sacked, as so many residents complained about being ticketed in the grounds of their own estate. There is nothing in our freehold tenancy agreement about parking, whatsoever, therefore my initial thoughts would be defence around Primacy of Contract. Your advice on next steps would be appreciated, for starters they're going to have to prove it and dig out the photos and orginal letters, which in themselves we may be able to find fault with if not served correctly. I have attached a copy of the claim form for reference. If we have to pay it, we will, but only to avoid a CCJ. So I would rasther fight it and lose if I have to, then we can still pay. OH and by the way, I requested the PCN be cancelled by the landownder and they said they couldn't do it, which I think is total rubbish - can you advise whether they could still request it to be cancelled as the employer of the parking compabny at that time? Thanks!
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My partner has received a Claim Form for a PCN from One Parking Solution, the alleged offence date being 13/01/2018, nearly 2 years ago! The ticket was issued for parking one of our cars in a Visitors space on the estate we live on, probably 50 yards from our house. The Council manage the public roads but the Managing Agents manage the grounds and the allocated parking spaces and visitors spaces. So, not quite ticketed for parking in our space, but not far off. We had a visitors pass, but it had slipped off the dashboard, simple as that. One Parking Solution has since been sacked, as so many residents complained about being ticketed in the grounds of their own estate. There is nothing in our freehold tenancy agreement about parking, whatsoever, therefore my initial thoughts would be defence around Primacy of Contract. Your advice on next steps would be appreciated, for starters they're going to have to prove it and dig out the photos and orginal letters, which in themselves we may be able to find fault with if not served correctly. I have attached a copy of the claim form for reference. If we have to pay it, we will, but only to avoid a CCJ. So I would rasther fight it and lose if I have to, then we can still pay. OH and by the way, I requested the PCN be cancelled by the landownder and they said they couldn't do it, which I think is total rubbish - can you advise whether they could still request it to be cancelled as the employer of the parking compabny at that time? Thanks!
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