Parking Control Mgt Court Claim

[ochmode]

Hi,
My situation is a bit different, so need some help and advice here.
I live on an estate lorded over by PCM (UK) Ltd, and I pay a monthly charge for a permit. After a few months of owning my new car the number plates were changed to a personalised one. The management company (interface with PCM) send on your new V5 etc before you contact them, pay a charge and then they send you a new permit. Well, all of this took some time and the car got plastered with a few tickets in the time. I should say that I was still paying the permit and never have stopped.
Received a small claims notice which I have now responded (done the AOS). How best can this be tackled? I am presuming I should send a SAR and CPR 31.14 for starters?
thanks.

[R0b]

Sending a subject access requests is always worth doing to see what they hold about you.

Are you renting or owning the property you live in? Is it a flat or house we are talking about? Is there anything in your rental agreement or lease/title documents that talks about parking or the right to park?

Did you appeal at all and explain the situation and was there any response to that from PCM?

Seems to be a straight forward defence of saying that you notified PCM of your change in registration number so they were on notice on X date and presumably the tickets were issued after notice given, so they should not have been issued in the first place. Allowing the tickets to stand would in effect mean that the period between you notifying PCM and then waiting for a revised permit meant you would not be allowed to park on the estate, which I assume you have a right to park and therefore is a bit of a nonsense other than an overzealous parking company looking to make a quick buck.

Depending on how you have approached this leading up to the claim being issued, I would be minded to counterclaim against PCM for harassment in relation to the pursuit of these tickets.

[ochmode]

Hi, so I rent the place I live at and its in a block of flats. There is a parking application form which I filled about 10 years ago but the parking company has changed twice since the original I think.
I didn't bother to appeal when the tickets came as I thought they were just being silly and ignored it all. I finally had to chase the estate mgt office when the sight of the tickets on the vehicle in the morning was becoming embarrassing. They then pushed through the comms and then I had to pay PCM an additional fee reluctantly to issue me a new permit with the new reg.

[R0b]

Well I think the starting point is to check the terms of your tenancy. If your agreement simply says that you are entitled to an allocated parking space without conditions or other restrictions as determined by the landlord/managing agent, then I think that would imply you have an unfettered right to park and no need to have a permit.

Another option to consider is whether or not the managing agent was under an obligation to notify you of the change and to update your permit with the new parking company and whether you were or were not aware of the process. You could then rope them in as a party to the claim and make a counterclaim against them for that sum of money. I would expect that they would move swiftly to either cancel the tickets or settle the claim in some way, though be aware that it could sour relations and the agent may make things awkward for you moving forward.

That aside, if you can assist with the following that would be helpful.

- post up copies of the PCNs if you have them, if not I would suggest you get copies as there may be additional defences you can rely on. Make sure they are redacted of personal information/location as parking companies do scour internet forums, particularly this one and another couple.

- post a redacted copy of the claim form

- What date did you acknowledge the claim? We can then work out how long you need to file a defence.

[ochmode]

Thanks Rob, claim form attached.
I acknowledged on the 19th of Jan 2022.
Just to also say the tenancy agreement doesn't say much about parking space or condition - the bit with any info on that is attached too.
The parking agreement I can post too if needed.
Thanks, Ochmode.

[R0b]

When I open the tenancy agreement it's very small and can't see the wording even if I zoom in. Any chance you could upload it again?

[ochmode]

Resized and reuploaded. Please let me know if its still not legible enough and I’'ll have to find another way.

[R0b]

Well, if that's the only reference in your contract around parking then I think you have a valid defence to argue that you are not bound by the terms and conditions of the parking because there is nothing in your contract to say that you have to comply with parking terms or instructions. The message is pretty clear in that you have a right to park in a designated spot.

I think that's your primary argument and the onus will be on the parking co. to prove that your contract says you are obliged to comply with parking terms. There may be other arguments but I'm not a parking expert, ostell may be able to provide answers on that front.

As the claim is dated 19th January and you have acknowledged the claim, you have 33 days from that date to file a defence so by my calculations you have until 4pm on Monday 21 Feb to file a defence with the court. You should be able to send by email but if you are sending by post then always keep a proof of postage in case the court misplaces or fails to file your defence.

Do yo know how to draft your defence?

[ostell]

As you already have a contract to park you have no need of another contract offered by the parking company.

Who do you pay for that monthly fee to paark?

[ochmode]

Hi thanks for the responses, I have tried to directly answer the questions.

Well, if that's the only reference in your contract around parking then I think you have a valid defence to argue that you are not bound by the terms and conditions of the parking because there is nothing in your contract to say that you have to comply with parking terms or instructions.

There is a seperate agreement that compels me to. I have added the relevant pages for that below too.

As the claim is dated 19th January and you have acknowledged the claim, you have 33 days from that date to file a defence so by my calculations you have until 4pm on Monday 21 Feb to file a defence with the court.

Correct me if I am wrong, but does the date count from when I complete an AOS or from date of "service"

Do yo know how to draft your defence?

Not quite but willing to give it a go with some guidance, and will email it in other than posting.

As you already have a contract to park you have no need of another contract offered by the parking company.
Who do you pay for that monthly fee to paark?

So there is a car parking agreement which was drafted with the previous parking co still operational. I do not recollect getting a new or revised one since they took over a few years ago. I pay the fee in my rent (calc with council tax too) to the housing assoc.

[R0b]

The way I see it, your tenancy agreement does not say that you are subject to any rules around parking or requiring a parking permit. Did you sign that document or is it just a set of terms? The starting point would be to argue that your tenancy agreement does not require you to to have a permit rather it is a right to park in a designated spot without conditions.

Your alternative argument is then to say that even if you were subject to conditions (which you would deny) then you argue that the HA was notified of your change of registration number prior who in turn informs the parking co. As this was done prior to the tickets being issued, the process was outside your control and therefore any ability to comply with the parking terms would be impossible since the permits are only issued by the parking co. It would have meant you would be required to not park your car in the car park which would be contrary to your rights under the tenancy agreement.

I suppose there is another argument in that they are claiming you were the driver of the vehicle who parked the car. Did you identify yourself as the driver and/or is there anyone else registered to drive it? If they can't prove you parked the car, there can be no claim.

Correct me if I am wrong, but does the date count from when I complete an AOS or from date of "service"

For claims issued by Money Claims Online the rules are the claim form is deemed served on you 5 days after the date of the claim form. You then have 14 days from the date of deemed service of the claim form to either acknowledge or file a defence. If you acknowledge the claim you get an additional 14 days to file a defence. So, 5 + 14 + 14 = 33 days to file a defence.

[ochmode]

Thanks for your help thus far R0b, ostell Just to say I had been waiting for a response to my SAR and CPR requests and nothing has come through as yet - its been more than 7 days. Should I be sending another letter to them?
Also, in terms of drafting a defence some guidance on how to do this would be much appreciated

[ochmode]

Hello,
Hope alls well with this terrible weather.
Just to say I am sue to file a defence by 4pm Monday - just over 2 days from now, so any help and advice would be appreciated.
Thanks.

[ochmode]

Hi all,
I filed my defence today and got an email to say it was out of time. logging on to MCOL I see the judgement was entered on 17/02/21. Is this correct or did we get the dates wrong?
The email received says I can file an N244 to set aside the judgement for a hefty £275.

[R0b]

Hi,

Sorry I haven't been around, had to deal with some things. If the date of the claim you have given is correct and you acknowledged the claim, then it would appear that the parking co. have entered judgment too early and is grounds for a mandatory set aside due to their error.

When you log in to MCOL, are you able to share a screenshot of the claim history box in the top right hand corner of the page - make sure to redact any personal information.