Parking control management PCN recieved and I live on the land

[Speng1]

Signage

[Speng1]

Regarding parking. I have an allocated space underground but must display a permit to park. In the past my permit fell from the screen and I received a ticket. I contested it and never heard a word back. I'll try locate tenancy tomorow.

[charitynjw]

That sign is what is commonly referred to as 'forbidding' signage.
It's not offering any real contractual terms, it's just a '*trespassers will be prosecuted/penalised' sign dressed up to look like a contract.
Here is a county court case decided on similar issues. Although cc decisions aren't binding, they can be used as persuasive reasoning.
http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1

*Even those signs were wrong....trespass is a civil tort, so you could not be 'prosecuted'
Persecuted, perhaps?

[Speng1]

Thank you. Excellent read. Are there any template letters I can send to them to close the window.

[charitynjw]

Tbh, If it were me I'd just keep it simple & state that you make the following representations.

• The Notice to Driver is defective
• The Notice to Registered Keeper is defective
• The site signage is not capable of offering a contract
• The registered keeper is a resident of the relevant property.

It's likely to fall on deaf ears anyway as, imho, most responses from most parking co's are auto responses, almost always turning down the 'appeal'.
(Probably aimed at wearing down the appellant, hoping they'll capitulate).

[Speng1]

Tbh, If it were me I'd just keep it simple & state that you make the following representations.

• The Notice to Driver is defective
• The Notice to Registered Keeper is defective
• The site signage is not capable of offering a contract
• The registered keeper is a resident of the relevant property.

It's likely to fall on deaf ears anyway as, imho, most responses from most parking co's are auto responses, almost always turning down the 'appeal'.
(Probably aimed at wearing down the appellant, hoping they'll capitulate).

Ok. Thank you. I will draft up a letter right away and send it. I'll keep you updated.

[Speng1]

Hello. After all this time I've recieved court papers regarding this.

I've acknowledged the court papers on line but did it after 14 days. I just missed the deadline.

Can you help me please. Should I just pay the cost ?

As I missed the 14 days, a judgement may now be put on me.

Thanks in advance.

[ostell]

Judgement needs to be applied for, others are probably slow so you are probably OK. The claim is considered served 5 days after date of issue. This means you have 19 days from date of issue to get it to the court. If that falls on a weekend then you have till the Monday. And then they have to notice.

Log in again and see what the status is.

So start your defence. Mention that case in post #18 as being persuasive

[Speng1]

Thank you so much for your reply. I'm afraid I have no idea about writing a defence. Is there a template I could use that refers to this situation if available please.. I'm off work tomorrow so can do it asap. Thank you again.

[ostell]

Template in the Shortcuts panel on this page. It is designed for debt claims so modify for your circumstances

Post up for critique before sending

[Speng1]

Thank you so much. Ok. I'm do it asap and post up when complete.

[Speng1]

I'm very sorry to those who have helped give me guidance but due to circumstances, I was unable to complete this in time and have had Judgement entered against me as of yesterday. I'm in a position to pay it so thats not a problem but how do I go about it ? I've read to either pay the court or claimant. Is is just a matter of calling the court and paying it to have judgement removed ? Any advice will be greatly appreciated.

It does bug me that This can happen on my own doorstep but I don't want to ruin my good credit score.

[ostell]

If you pay within 30 days then it will not be added to your credit file. Pay the claimant and get a certificate from him that you have paid and contact the court.

[Speng1]

If you pay within 30 days then it will not be added to your credit file. Pay the claimant and get a certificate from him that you have paid and contact the court.

Ok thank you. I will do this immediately.

[Speng1]

Ok thank you. I will do this immediately.

Also. Gladstone Solicitors took charge. They took it to court. Do I pay them or the actual claimant ?