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Court Claim - NPM
GardaBaker
post Mon, 12 Feb 2018 - 20:39
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Hi all,

Unfortunately within the last few days I was in receipt of a court claim from NPM for a rather large sum. I've already acknowledged receipt so have had my time to prepare a defence extended to 28 days. I'm posting here to get some advice and hopefully some help on how I can defend this claim, if that's not too much trouble.

As I know I should be careful with sharing too many details, what things am I allowed to share from the claim to better help prepare my defence?

The Particulars of Claim that they have sent with the form, are very flimsy. They have use two different amount of PCNs (i.e., they start with X PCNs and then end saying they want to claim Y PCNs), they have a date wrong about when contact was made, and they have said that the collections cycle continued but I was in receipt of no further letters. I think they have sent the letters to my old address, yet have sent new PCNs to my new address - could this warrant a potential DPA breach counterclaim?

A little backstory to the situation:
I live in a block of flats that have NPM operating in the car park, and have been issued several PCNs for not having a permit displayed in the car I own (they have pursued me as the keeper rather than the driver, despite me saying I will not tell them who the driver is). In my tenancy agreement it mentions nothing about a private parking company, but it does say I have the right to quiet enjoyment of the property. I'm trying my best to contact the landlord to see what the lease says about the parking space, but nothing so far. I found out today though that when the property was first built, there was no PPC in the area - they came later.

I have also contacted the property management company to ask if they will end this dispute, as they were the ones that hired them. They refused. I then asked for them to provide me with the contract they have with them and also with the agreement from my landlord. They refused. Which makes me believe that either they are just completely unhelpful, or they know the contract hasn't been agreed by the landlord and they have no right to be operating here.

I should note that unfortunately when the PCNs were first issued to me, I ignored them as I was under the belief that it would go no further (I read some very misguided posts when checking online) and I regret ignoring them as it was a foolish mistake - had I known what I know now, I would have kicked back straight away.

Can someone please advise me on what I should do next? I've read many posts about this issue and seeing all this information is quite overwhelming and it's a lot to take in all at once.

Many thanks,
G
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post Mon, 12 Feb 2018 - 20:39
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GardaBaker
post Tue, 13 Feb 2018 - 19:12
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QUOTE (Jlc @ Mon, 12 Feb 2018 - 21:00) *
Pictures of signs would be useful. (Although multiple tickets can diminish some arguments)


Forgot to take this earlier, but here’s the sign that’s in the area.



This post has been edited by GardaBaker: Tue, 13 Feb 2018 - 19:25
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cabbyman
post Tue, 13 Feb 2018 - 19:43
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You are not entitled to see the superior landlord's lease. You are asking for it as a favour. You need to be nice to them.

The letting agent is merely employed by your superior landlord to find him a tenant, draw up an AST and, presumably, collect rent and manage that one 'flat.'

The freeholder and Management Company/Agent will have responsibility for the whole complex and will have contracted the PPC. They will be the target of any cause of action that you may be able to bring about as a result of the practices of NPM.

Don't confuse the roles, rights, responsibilities and powers of the various parties involved.


--------------------
Cabbyman 8 PPCs 0
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GardaBaker
post Wed, 21 Feb 2018 - 13:43
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Unfortunately I was unable to get the free legal advice as I was sick during the appointment so had to miss it. Very gutted as thought this would help greatly. Although I’ve been looking at other residential claims and noticed on one, someone said the following:

QUOTE
You can then make the first point of your defence that CEL has failed to disclose any details or cause of action and you request that the court strikes out the claim as in breach of CPR 16.4


Could this apply to my scenario too?
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Redivi
post Wed, 21 Feb 2018 - 13:59
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The best free legal advice is available here from people who know the parking companies and their practices

If you intended to visit Citizens Advice you were very fortunate
It's about the worst possible source of advice for private parking notices
The script was provided by the British Parking Association and basically says that motorists should pay them

You can then make the first point of your defence that CEL has failed to disclose any details or cause of action and you request that the court strikes out the claim as in breach of CPR 16.4

You can also say that the Particulars are incoherent and contradicted by the other documents that they've sent

Not surprising
Gladstones' business model is based on automated roboclaims system

Nobody actually sees the parking company's documents before the claim is issued

This post has been edited by Redivi: Wed, 21 Feb 2018 - 14:03
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GardaBaker
post Wed, 21 Feb 2018 - 16:25
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QUOTE (Redivi @ Wed, 21 Feb 2018 - 13:59) *
The best free legal advice is available here from people who know the parking companies and their practices

If you intended to visit Citizens Advice you were very fortunate
It's about the worst possible source of advice for private parking notices
The script was provided by the British Parking Association and basically says that motorists should pay them

You can then make the first point of your defence that CEL has failed to disclose any details or cause of action and you request that the court strikes out the claim as in breach of CPR 16.4

You can also say that the Particulars are incoherent and contradicted by the other documents that they've sent

Not surprising
Gladstones' business model is based on automated roboclaims system

Nobody actually sees the parking company's documents before the claim is issued


Unfortunately it was a proper solicitor; they were doing free sessions at work as a one off. Typical!

They’ve not actually sent any documentation (despite saying so in their particulars).

Also, I’m not sure if Gladstones (or any) solicitor is involved in this one, there wasn’t any mention of one on the claim form as far as I saw...
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Redivi
post Wed, 21 Feb 2018 - 16:33
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"Proper" solicitors are familiar with cases where there's an obvious contract between the parties and the dispute is whether somebody did what was agreed

They're not familiar with cases where the dispute is whether a contract has ever existed
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GardaBaker
post Wed, 21 Feb 2018 - 16:33
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Post now irrelevant.

This post has been edited by GardaBaker: Wed, 21 Feb 2018 - 21:45
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GardaBaker
post Wed, 21 Feb 2018 - 21:44
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I've just got the Title Register from the Land Registry. Not going to lie, I have no clue what I'm looking for on this and can't make heads or tails of it... I searched for "parking" on it and got this part, although not sure if it's relevant or not. Should there be something else I request instead, the OC1 form perhaps?

REGISTERED CHARGE of the land edged blue on the title plan dated. NOTE 1: The above charge contains provisions relating to rights of passage of services, support and protection, entry, rights of way and parking rights over the remainder of the land in this title.
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