PCN resident permit - county claim letter- Gladstones

[Sdixon]

hi
can someone please advise me
I parked my car by my flat in a residents permit road. My permit was in the car but it must’ve slipped down
i have mistakenly confirmed myself as the driver and that the ticket must’ve slipped down in my initial appeal which was denied by parking and property management services.
I now have a letter from county court. Should I defend it or just pay?
dont want to waste my time if I can’t win. But surely the whole purpose of the company is to stop non residents parking in the area. They know I’m a resident with resident permits

please please help
thanks

[ostell]

So you are a resident and so you have a lease which must mention parking? What does the lease say? What do the signs say about parking? "Permit Holders Only" or something like that?

Could this apply?

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

[paulajayne]

What does your lease say about parking?

[Sdixon]

Hi I just found my lease which states that I have the exclusive right to park a roadworthy and taxed car in the edges green on the plan. Which is where I parked. nothing in the lease mentions a parking permit. But obviously the signs do.
They are claiming £160 parking charges/ damages, £25 court fee, £50 legal rep costs
pleasr advise as I need to send my repomse to he court. many thanks

[ostell]

Have you acknowledged the claim?

you need to prepare a defence to submit to the court by day 33 after the date of issue on the form. Have you prepared anything at all? Look round other threads etc? Try looking at the Pepipoo threads Indeed here is a link that you can use as a basis for your defence. This also includes a counterclaim for them using your land for business purposes. Post for critique before you send.

You have to understand your defence and we have not exactly a lot of information to help you create one. Here's a link for residential parking

You have no need to take up their offer of a contract for parking as you already have parking within your lease.

[Sdixon]

I have acknowledged the claim

my defence

firstly the whole purpose of car parking control is to protect residences from non residents parking onsite not to catch a resident out. As soon as a resident has proven residency this should cancel the ticket

secondly my lease clearly states I can park on the surrounding grass area and does not state I need a permit

thirdly there is no proven loss to the car parking company which they are claiming.

Fourthly since I did not enter a contract with the car parking company. This can be only viewed as trespass which the land owner would need to take up. Not the parking company

please critique and add/ delete this is rough draft

[ostell]

Did you read the link I gave you?

[Sdixon]

Yes sorry I will add the case examples in my final draft. But just wanted to check if my reasons are valid?

[ostell]

There was a defence within one of the links

[Sdixon]

Sorry but I can’t find it

[ostell]

The link didn't copy, sorry. Here it is

[Sdixon]

Thank you so much

[Sdixon]

Hi

I sent the defence letter as you advised. But I have now recieved a notice of allocations to the small claims track hearing
what should I do? Pay up or attend the hearing?

[ostell]

Normal step in the court process. You pick the court close to you. and say you will be defending. Copy to court and the solicitor.