P(arking)CN Received by Friend in MY LEASE SPACE

[qazmko]

A friend stopped into my place a little while back and had parked in my space.

I own the flat (lease hold) and an allocated space.

He didnt have a permit on display and it was actually his company van. (just to be awkward)

The swines who give tickets have written to his company about paying up etc..

Can I write back to them on the company's behalf? Or what is the best approach/best way round to do this?

Thanks

[mystery1]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

Is this different to your brothers one ?

M1

[qazmko]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

It is.

We have fun living at mine ....

[mystery1]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

Yes you can do it for them.

http://legalbeagles.info/forums/show...land-and-Wales

If the ticket was on the vehicle wait for a notice to keeper.

M1

[qazmko]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

Thanks.

Right.

Said friend has also left this late!!

I've just been emailed a copy of a letter their company received from Gladstones! It's a 'Letter Before Claim'

I'm not sure where to jump into the step by step links as this seems to be a step beyond..

Something like this -

http://forums.moneysavingexpert.com/...ge=2#topofpage

?

[qazmko]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

I've attached the letters.

Strange that between the 2 companies they can't get the chargeable amount correct..

The PPM lot say its £100 but will increase to £160 upon further action being required - the Gladstones letter says £150...

[mystery1]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

Edit to suit.

Dear Gladstones,


I write in response to your "letter of claim" dated 7th June 2016, the contents of which are noted. The vehicle is not mine.


As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).


As well as the information already requested please answer the following questions :-


What type of car park is it ?


What contravention gives a cause of action ?


Who contravened your rules ?


Who you are pursuing ?


Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?


How is the £140 made up ?


Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.


Having done some research on your claims i request that if you ignore my requests for information that your claim complies with


CPR 16


Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim


Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;


Practice direction 16


Other matters to be included in particulars of claim








7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




I await your response.


Yours sincerely






Send via email if possible.


M1

[qazmko]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

Thanks again.

Is this still the right approach as the letters have been sent to the owner of the vehicle (the company my friend works for).

It's their vehicle and they've had the letters - it's my space and I'm aiming to help sort/get rid of the swines!

Thanks

[mystery1]

Re: P(arking)CN Received by Friend in MY LEASE SPACE

Yes, because a company cannot be the driver and keeper liability is almost certainly a winning point. Having said that it depends on the company as if Gladstones are involved it probably goes to court and it'll be the company they take to court and they might not like that. They might take them to court no matter what.

If you wish to stop the threat of the company going to court then really the driver needs naming along with a contact address.However as i said this might not stop them being stupid.

M1