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Court Claim PCM

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  • #1

    Court Claim PCM

    Hi,

    I need urgent assistance and advice, I have received a court letter as I have been parking at my residential area at my home on the side which has no yellow lines nor does it obstruct any vehicles. There are always cars parked up where I am and for some reason I have continuously been fined for it. The signs state no parking however the sign has 2 pictures where it shows no parking on the yellow lines and also no parking next to a paved area. This does not apply to the location in which I have parked. I feel like I have been targeted in order to be perused for money.

    Furthermore, I have photographic evidence of the location the parking warden had parked to issue tickets to vehicles - On a double yellow line almost causing an accident as it is next to a blind corner where cars come into the residential area. To add to this I have got evidence of cars parked in bays which have no road tax/insurance or MOT taking up residents car parking spaces. I have been in touch with the housing associations in regards to this in which I have been ignored and that they do not get involved with there contractors.

    Saying that, does anyone from experience thing I have a case to defend myself or does it sound like I will be wasting my time and money in doing so?

    Any help and advice is appreciated and I only have a few more days to respond to this as I have just come back from holiday!

    Many thanks in advanced!

    Issue date is: 19/05/2017
    Amount: £1k
    Claimants: PCM
    Solicitor: Gladstone
    Tags: None
  • #2
    Re: Court Claim PCM

    Another notable point is that they're cars parked in the same place as mine day in day out which do not receive any fines which shows some inconsistency with this parking fine system which is in operation? If that matters?

    Comment

    • #3
      Re: Court Claim PCM

      Hi Dellniv, welcome to LB.

      Acknowledge the claim anyway, it will give you a little more time.

      Are you a tenant of the housing assn.?
      If so, what does your tenancy agreement say about parking?
      Does it mention a managed parking scheme?
      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

      • #4
        Re: Court Claim PCM

        Okay, I will do that right away.

        Yes I am. My original tenancy agreement doesn't mention anything about the parking arrangement it was put into practice a little after we had moved in as it was a new build.

        Thank you for you response! much appreciated.

        Comment

        • #5
          Re: Court Claim PCM

          Originally posted by charitynjw View Post
          Hi Dellniv, welcome to LB.

          Acknowledge the claim anyway, it will give you a little more time.

          Are you a tenant of the housing assn.?
          If so, what does your tenancy agreement say about parking?
          Does it mention a managed parking scheme?
          My local housing agencies said that apparently the majority of the residents said yes to having the parking arrangement put into place? If that makes a difference? I was not a part of those that were for it.

          Comment

          • #6
            Re: Court Claim PCM

            Originally posted by Dellniv View Post
            My local housing agencies said that apparently the majority of the residents said yes to having the parking arrangement put into place? If that makes a difference? I was not a part of those that were for it.
            Is there a resident's association/committee?
            If so, are you a member?
            Did the 'majority' agree via the assn/committee, or did they agree as individuals?
            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

            • #7
              Re: Court Claim PCM

              Originally posted by charitynjw View Post
              Is there a resident's association/committee?
              If so, are you a member?
              Did the 'majority' agree via the assn/committee, or did they agree as individuals?
              Unfortunately I am out of the loop if there is indeed one, I can find out though if it will help my case?

              Comment

              • #8
                Re: Court Claim PCM

                I can't think of a circumstance where membership would be imposed on you without your knowledge or consent.

                Dig out your tenancy agreement & go through it with a fine-tooth comb to see if there's any mention of parking arrangements or managed parking schemes.
                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

                • #9
                  Re: Court Claim PCM

                  I think the decision was taken via majority votes from the residents, letters sent to everyone, to have the parking enforcement put into place.

                  I will look through it when I get home.

                  Other than that what would you think my best options would be in defending myself ?
                  Last edited by Dellniv; 30th May 2017, 15:51:PM.

                  Comment

                  • #10
                    Re: Court Claim PCM

                    Did you appeal, firstly to the parking company, & if rejected, via IAS?
                    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

                    • #11
                      Re: Court Claim PCM

                      I didn't appeal unfortunately no.

                      Comment

                      • #12
                        Re: Court Claim PCM

                        No worries.
                        IAC has often been likened to a Star Chamber populated by antipodean jumping animals.

                        Ok, acknowledge the claim....you have nothing to lose by doing so.
                        Defend in full.
                        I guess you live in England/Wales, so do not contest jurisdiction.
                        'Yes' to mediation.
                        Do not enter any dialogue at all in the 'defence' box.

                        Take pictures of any signage on the site.
                        Have you kept the windscreen tickets & the follow-up notices to keeper?
                        Have you identified the driver of the vehicle to anyone re the relevant parking event(s)?
                        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

                        • #13
                          Re: Court Claim PCM

                          Originally posted by charitynjw View Post
                          No worries.
                          IAC has often been likened to a Star Chamber populated by antipodean jumping animals.

                          Ok, acknowledge the claim....you have nothing to lose by doing so.
                          Defend in full.
                          I guess you live in England/Wales, so do not contest jurisdiction.
                          'Yes' to mediation.
                          Do not enter any dialogue at all in the 'defence' box.

                          Take pictures of any signage on the site.
                          Have you kept the windscreen tickets & the follow-up notices to keeper?
                          Have you identified the driver of the vehicle to anyone re the relevant parking event(s)?
                          Okay I will proceed as above.

                          Correct, I am in London

                          In regards to your questions.

                          I've got pictures.
                          Tickets - Most had been removed by kids in the residential area and stuck on the fences the others not to hand no, and also no follow up notices either, I am sure some I haven't even received but nothing to hand either for those.
                          Driver has not been identified.

                          Comment

                          • #14
                            Re: Court Claim PCM

                            The NTK's are important.
                            If you can't find them, it should be possible to get them from the parking company.

                            Also send a letter to DVLA to find out the occasions on which the parking co. has requested your info.
                            This is free (no fee needed).
                            The rule is that the parking co must request keeper details for each event (even if they already have them from another event).

                            Something like

                            (Your name& address)


                            DVLA Vehicle Record Enquiries Section
                            Longview Road
                            Morriston
                            Swansea
                            SA99 1AJ

                            (Date)

                            Re: Registration (Your vehicle reg)


                            Dear Sirs

                            As the Registered Keeper of the above VRM, could you advise who has accessed my personal details with regards to this marque, I need to know what address was provided, how often the information has been requested and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xxxx and zz/zz/zzzz.

                            I understand there is no charge for this information and look forward to your speedy reply.


                            Yours sincerely

                            (You)
                            The Registered Keeper
                            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
                            • 1 thank

                            Comment

                            • #15
                              Re: Court Claim PCM

                              Okay, Should I send mail, email or call the parking company? Or does it not matter?

                              Comment

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                              SHORTCUTS


                              First Steps
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