DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 22583--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: ElsL
Date: May 15, 2024, 10:42 am
---------------------------------------------------------
Thank you. I got to digging through the piles of paperwork and
have found the Letter of Claim if that changes anything.
Letter of Claim
HTML https://drive.google.com/file/d/1V6jNqCtHxsaXssjEeOjQPsJVtoVlk4ex/view?usp=drive_link
#Post#: 22584--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: b789
Date: May 15, 2024, 10:44 am
---------------------------------------------------------
It doesn't change anything. It's worth seeing, just in case
there are any flaws in it that can be raised in the defence.
#Post#: 22585--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: ElsL
Date: May 15, 2024, 10:55 am
---------------------------------------------------------
The facts in this defence come from the Defendant's own
knowledge and honest
belief. Conversely, the Claimant sets out a cut-and-paste
incoherent and sparse
statement of case. The POC is devoid of any detail and even
lacks specific breach
allegation(s), making it very difficult to respond. However, it
is admitted that the
Defendant was the registered keeper and driver of the vehicle.
2. The defendant has a right under the lease to park the vehicle
at the designated space,
which is registered to that location as the same as the vehicle.
The permit was in the
vehicle at all times and the defendant had shown it to an
operative from the
unregulated private parking company at the time of issuing the
fine.However, the
evidence provided in person was refused and words of effect was
said by the
operative “GO TO YOUR MANAGEMENT COMPANY AND THEY WILL REMOVE
THE
TICKET” Which was unsuccessful as the management company refused
to be
involved in any of the dealings between the defendant and
claimant.
3. The signage is not fully clear at the car park as it is above
every second space and not
directly above the parking space in question. As a defendant
does not know the lease
agreements of other users the signage can be easily interpreted
that above the spaces
where the signage positioned are under different agreement than
the space involved in
the dispute. Furthermore, there are no signs displayed at the
entrance of the car park,
only occasionally space along every second parking space.
#Post#: 22586--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: b789
Date: May 15, 2024, 11:07 am
---------------------------------------------------------
I still think that is too much detail. How about this?
--- Quote ---
> The defendant has a right under the lease to park the vehicle
in the designated space. The permit was in the vehicle at all
times. The defendant, upon seeing an operative of the Claimant
issuing a Parking Charge Notice (PCN) to the vehicle, showed the
permit to him. The operative told the defendant to "GO TO YOUR
MANAGEMENT COMPANY AND THEY WILL REMOVE THE TICKET". The
management company refused to become involved even though they
are jointly and severally liable for the actions of their agent,
the Claimant.
--- End Quote ---
#Post#: 22587--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: H C Andersen
Date: May 15, 2024, 11:16 am
---------------------------------------------------------
We need to see the lease pl, just obscure personal info.
A lease is a contract which takes a prescribed form as regards
formalities and content. Headings will include Amendment,
Breaches and Dispute Resolution.
While the technicalities of the court process are important and
must be managed, there's no point getting to court naked as
regards a substantive defence.
Pl get back to the lease because this is where the evidence
starts. Pl do not summarise or interpret clauses, show them.
#Post#: 22588--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: b789
Date: May 15, 2024, 11:23 am
---------------------------------------------------------
Whilst the above advice by [member=428]H C Andersen[/member], is
indeed correct, we must remember that this is a claim filed on
behalf the Claimant by DCB Legal. It will be discontinued before
it ever gets to court.
#Post#: 22592--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not
DIR By: ElsL
Date: May 15, 2024, 12:01 pm
---------------------------------------------------------
Terms of the deed
HTML https://drive.google.com/file/d/1L2txnO2rVhUQk6TlvVvjGi8kwUgNkVHJ/view?usp=drive_link
I have scanned majority of the deed. However, the headings
mentioned above are not there. However, Paragraph 9.22 mentions
about third party not being able to enforce any points within
the deed. Which would fully exclude any claim by DCBL
#Post#: 25223--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: ElsL
Date: June 7, 2024, 11:46 am
---------------------------------------------------------
DCB Legal has now reached out to me via email from my submitted
defence
"Good morning,
Having reviewed the content of your defence, we write to inform
you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a
directions questionnaire. In preparation for that, please find
attached a copy of the Claimant's, which we confirm has been
filed with the Court.
Without Prejudice to the above, in order to assist the Court in
achieving its overriding objective, our client may be prepared
to settle this case - in the event you wish to discuss
settlement, please call us on 0203 434 0433 within 7 days and
make immediate reference to this correspondence.
If you have provided an email address within your Defence, we
intend to use it for service of documents (usually in PDF
format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise
whether there are any limitations to this (for example, the
format in which documents are to be sent and the maximum size of
attachments that may be received). Unless you advise otherwise,
we will assume not."
They have attached a N180 form to the email.
Please advise should I consider mediation with them or just let
it roll to a hearing?
#Post#: 25224--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: The Rookie
Date: June 7, 2024, 11:48 am
---------------------------------------------------------
Every defendant gets that letter, including all the ones were
they subsequently discontinued, so just yawn and file it.
#Post#: 25231--------------------------------------------------
Re: PCN National Parking Control, parking in private premises
that is owned by the leaseholder, not displaying a permit
DIR By: b789
Date: June 7, 2024, 12:49 pm
---------------------------------------------------------
Here's a short checklist that you should keep handy as you
progress through this process. After filing your Defence, there
is more to do:
[indent]1. Do not be surprised to receive an early copy of the
Claimant's Directions Questionnaire and the usual intimidating
template letter saying they 'intend to proceed'. Nothing of
interest there. Just file it. YOU MAY HAVE TO WAIT TWO MONTHS
OR SO FOR THE NEXT STEP TO HAPPEN:
2. Wait for your own Directions Questionnaire from the CCBC, or
download one from the internet -
HTML https://assets.publishing.service.gov.uk/media/664cb5df993111924d9d3928/N180_0524_save.pdf<br
/>and then complete it.
3. Except in cases where you have filed a counterclaim (which
are allocated to your local court quicker and the CNBC is no
longer involved) the completed DQ should be returned by email to
the CCBC to this address: DQ.CNBC@justice.gov.uk
4. Cc a copy of your completed DQ to the Claimant (or their
solicitor if they are using one). Their postal address is on
your Claim Form but you can find an email for them by searching
this forum.
5. DO NOT USE RECORDED (OR SPECIAL) DELIVERY FOR ANYTHING TO A
PARKING FIRM OR THEIR SOLICITOR. DO NOT EXPECT ROGUE FIRMS TO
SIGN FOR YOUR LETTERS. IF THEY DON'T, ALL YOU HAVE IS PROOF OF
NON-DELIVERY, WHICH IS THE EXACT OPPOSITE OF WHAT YOU NEED! Use
a free "Proof of Posting" certificate from a Post Office.
6. Will you have to attend a hearing? Yes - unless the claim is
struck out or the PPC discontinues (very common with DCB
Legal!). Will that hearing be at Northampton? NO! That's just
a central starting point for claims. If you are an individual,
you get to choose your local court, and telephone or video
hearings are becoming common. Face to face hearings are better
though; it's easier to follow the visual cues from the Judge who
allow for Defendants being scared and unused to the situation.
You do NOT want your case 'heard on the papers' (absolutely no).
You want a hearing and you can claim your costs if you win, and
you risk nothing (no CCJ, no huge costs) by defending, because
if you were among the handful who report a loss you'd have 30
days to pay and it would be less than on the claim form (£175 -
£200 total).[/indent]
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page