County Court Claim Received - P(arking)CN in Own LEASE SPACE

[qazmko]

My brother has been staying at my place for a while whilst I've been out of the country.

I own the flat (lease hold) and it comes with a designated space.

When I bought the place there was no permit system in place - this followed a while after.

I gave my brother my permit to park in my space and he has generally been ok - though there are 2 PCNs which he has been slapped with.

He didnt think to give them to me to deal with and now he has received a county court claim! To make matter worse he is very nearly out of time to respond!

I've got the papers and need some advice quickly if possible!

[R0b]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Hello, I've tagged [MENTION=5354]mystery1[/MENTION] for help.

When was the court claim issued, have you acknowledged the claim? Have you put in a defence yet?

Aside from the lease giving you a designated spot, what are the terms of your lease regarding compliance with parking permits or rules of parking as required by the landlord.


You may also wish to read this thread too as similar to yours

http://www.legalbeagles.info/forums/...ed-leaseholder

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Thanks R0b.

He's left this very late - I'm hoping not too late though don't have my fingers crossed!

Issue date = 27th May. He hasnt filed anything - only gave the letters last night the idiot!

I'll check the wording of the lease though I know it certainly cant mention anything about a permit system as this was brought into place months after I moved in.

Thanks for the link - funnily enough I just started reading that.

[mystery1]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

He needs to file acknowledgement of service immediately. This gives us 14 extra days and a total of 33 days from 27th instead of 19.

Then post up everything you can, suitably sanitised, claim form, signs, relevant parts of lease etc.

M1

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Thanks.

We acknowledged online last night.

I'll gather the info and start putting relevant info up on here.

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

After being away it doesn't help that my brother has been pretty much useless leaving this to me!

I've picked relevant bits from lease docs etc and highlighted those within - seem to be the common things that should backup my argument and are similar points to what I have read on others posts etc.

1st lot attached, couple to follow.

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

2nd lot.

What do you think?

[mystery1]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Shows pretty well that he has the right to occupy and no permit is required.

However, the defence is over due !

Post up the claim form, and signs if possible and pray they haven't applied for default judgement.

M1

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Bad news I'm afraid - he received a letter re judgement in default.

I'll double check but I think he maybe sent his defence 1 day before the time expired.. Is there any way he can appeal? Especially seeing as the claim is basically a blag (scam really!) from the parking company/Gladstones?

[mystery1]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

He can't really appeal if he missed the deadline and a set aside is £255 so likely not worth it. His only chance is if the court screwed up.

M1

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Thanks.

Maybe lesson learned for him in the future, even though unfortunate.

IN THE MEANTIME - He's had another letter from Gladstones from another ticket he must have received.. Same standard letter as that uploaded in my other post - HERE

Shall a response go back with details of the lease details that would have beat them off in court if a defence was in on time?

Along the lines of 'bugger off, have permission to park here bla bla..' (but correctly worded of course)

Thanks

[mystery1]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Sounds like a plan.

M1

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

I've sent a letter to them.

They've actually sent another standard letter for another 'ticket' he has received.

Am I being unreasonable if I now tell them to question their ethics by chasing unjust claims and telling them to back off as this is verging on harassment?

[mystery1]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

Not really but then they did also gain a court verdict in their favour (admittedly by default).

M1

[qazmko]

Re: County Court Claim Received - P(arking)CN in Own LEASE SPACE

There was no response to any of the letters and actually 2 new CC Clams have been sent to my brother.

I've acknowledged for him.

Having never really been involved in such things, is a defence OK like this (just a quick draft) -

"I do not agree with any of the claimed amounts.
The amounts claimed are for “parking charges” which are not accepted.

Having parked in a space at my brother’s flat in Slough, I was issued with ‘Parking Charge Notices’ which are invoices created to look like legitimate Penalty Charge Notices.

I do not accept these invoices and have written to Gladstone Solicitors to inform them of that. I have not received a response from them.

I have permission to park in the space I was parked in at the time I was issued with the invoices (as ‘Parking Charge Notices’).

My brother who owns the flat is granted the exclusive rights to park in his allocated space as per his lease agreement at the premises, and is also to be granted peaceful enjoyment whilst residing there. As his guest he has granted me permission to park in said space.

My brother wrote to Gladstones Solicitors to inform they had no right to try and follow up the invoices and explained why – though he got no response either and this court claim soon followed.

I have enclosed copies of extracted pages from various document which give proof to this:
Extract – Report on Title
Extract – Property Information Form
Extract – Lease Documents
Copy Letter to Gladstones

Various sections within the documents are highlighted to show the fact that there is the exclusive right to park in the allocated space, with peaceful enjoyment etc (backing up the points made above).
There is also proof within these documents that the space is not said to be in a controlled parking zone or within a local authority parking scheme.

I feel as the above points made along with the proof from the lease documentation show that the claim made is not valid and the claim should be rejected."

Since he's already had to cough up on a previous claim for not getting back on time, I'd like to help get this in place ASAP to save getting too close the mark on this as well.

Any comments or amendments to advise on?

Thanks