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Residential private parking on non marked bay court claim, Private Parking fine Court Claim
modi
post Sat, 11 Sep 2021 - 16:05
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Hi All

we need a advise regarding Court claim received from Gladstone.

We are the leaseholder of residential block. There is a marked parking bays and non marked space where other residents parked too.

In the past I have contacted property manager and get it cancelled the parking tickets from UKCPM. 2 months before I received a letter from Gladstone about the letter before action and I thought tickets were cancelled so did not give attention but we received court claim letter dated 08/09/2021.

I have try to contact property manager but it seems she is on annual leave.

what option we have, can we disagree and returned back on court address ?

I am in process to find and attached all the communication we have regarding this.

All feedbacks welcome.



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post Sat, 11 Sep 2021 - 16:05
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nosferatu1001
post Sat, 11 Sep 2021 - 16:31
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You've given us no real info to provide any help at all

What are your rights, under the lease, as regards parking? Until you answer that, yiu don't have any idea of a defence.
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nosferatu1001
post Sat, 11 Sep 2021 - 16:50
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Also
Was it your car, a visitor, etc.
Why wasn't it in a white list, if it was your car.
How many tickets?
Why was the car ticketed?
Etc
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modi
post Sat, 11 Sep 2021 - 16:54
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Hi nosferatu1001

Thanks for your reply.

I am gathering all the paper work upload here to understand the case.

Basically We are leaseholder in the block of flats where some residents gets allotted parking and also there is a commercial place where any one can park because currently place is empty. I will also take some pictures of sign and the actual place where the car was parked and upload it here.


Thank you



Was it your car, a visitor, etc. - My wife is registered keeper, we both drive.
Why wasn't it in a white list, if it was your car. ? not sure what you mean by, I am a new user.
How many tickets? total 4
Why was the car ticketed? - No - posted by UKCPM - 3 different reasons given and took pictured at night.
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nosferatu1001
post Sat, 11 Sep 2021 - 17:30
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What
Reasons

I still have no idea what "commercial place" means, so you're going to have to very clearly explain it.
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Sheffield Dave
post Sat, 11 Sep 2021 - 18:52
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Be very aware that you have now entered a formal judicial process, where you must respond in the correct ways at various times as directed by the court. You will not get reminders from the court, and missing deadlines means an automatic win for the other side. You can't just "disagree and return back on court address", whatever that means.

What you do next, as soon as possible after 5 days from the of issue on the claim form, is to go online using the details supplied on the form, and "acknowledge service" - don't contest jurisdiction unless you live outside England and Wales (but come back here first if this is the case), and defend all the claim. Leave the defence box completely empty for now - not even a space or a "defence to follow" note - otherwise whatever went in that box will be taken as your full and only defence, which you can't add to later. Instead you will be submitting your defence separately, after help from this forum, to arrive at the court no later than 28 days after the date of service of the claim form, which is normally assumed to be 5 days after the date of issue on the claim form (unless you acknowledge early).
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ostell
post Sat, 11 Sep 2021 - 19:12
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So what does your lease say about parking? Is a parking space demised to you and did the driver use that space? What do the signs say?
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The Rookie
post Sat, 11 Sep 2021 - 19:38
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QUOTE (modi @ Sat, 11 Sep 2021 - 17:54) *
.
Why wasn't it in a white list, if it was your car. ? not sure what you mean by, I am a new user..

A white list is the opposite of a black list, in this case a list of vehicles permitted to park (through their lease) and as such shouldn’t ever be ticketed.

If you have four tickets without an absolute right to park courtesy of your lease a judge may well ask themselves why you parked there again knowing you were liable to be invoiced again.


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Half_way
post Sun, 12 Sep 2021 - 11:08
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The wording of the lease is critical here, you have already been asked about it.
Without knowing the facts about what rights the lease grants you to park offering advice is difficult.

For a few hints, in most cases a resident has the unconditional right to park, and this can not be taken away by a private parking company, and any signs they put up imposing conditions are meaningless drivel.

However wthout knowing what the lease says its impossible to understand exactly your position.
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modi
post Sun, 12 Sep 2021 - 12:29
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[attachment=77407:Court_Claim__2_.jpg]Thank you all for your advises.

I am checking the copy of lease and also getting the pictures of sign and where the car was parked. I am also gathering the initial copy of PCNs and other related papers to see our stand.

We have been parking since pandemic starts and no one get ticket but in June they started to give tickets.

Please court claim letter dt. 08/09/2021

This post has been edited by modi: Sun, 12 Sep 2021 - 13:51
Attached thumbnail(s)
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modi
post Sun, 12 Sep 2021 - 12:47
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Hi

My wife is registered keeper of the car but we both use for our day to day use and we both are on insurance.

Can i respond in my name on moneyclaim.gov.uk website ?



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modi
post Sun, 12 Sep 2021 - 13:08
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Hi All

Please see attached picture taken, my car was after the first 2 car parked. there is no bay marking in that area. I will try to take a picture of sign later today.
Attached File(s)
Attached File  parked_cars.pdf ( 315.5K ) Number of downloads: 83
 
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ostell
post Sun, 12 Sep 2021 - 13:27
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Take the password off the claim form !

Tomorrow, or shortly afterwards, acknowledge the claim using the details and password on claim form. Nothing in the defence. This gives you 33 days to prepare your defence for the court. Start looking at defence statements for parking and start preparing now.

Have read of this https://www.dropbox.com/s/16qovzulab1szem/G...kinson.pdf?dl=0 and include the arguments in your defence. Also as the keeper POFA does not allow them to claim more than the original PCN.

The reason they have decided to claim is they now have 4 to claim for, more money. there's probably more in the pipeline.

This post has been edited by ostell: Sun, 12 Sep 2021 - 13:29
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modi
post Sun, 12 Sep 2021 - 13:31
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Thanks ostell for your quick reply.

How do i remove the attachment ?


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ostell
post Sun, 12 Sep 2021 - 13:33
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You edit the post and then you can delete the attachment, and then add a modified one.
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modi
post Sun, 12 Sep 2021 - 14:08
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Really appreciated your quick reply Ostell.

Can i log in through my gateway account to acknowledge the claim ? Notice is in my wife's name.


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Glacier2
post Sun, 12 Sep 2021 - 14:11
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No. She will have to create an account to acknowledge it.
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modi
post Sun, 12 Sep 2021 - 14:38
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N9 response received. Acknowledgement the service submitted.
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ostell
post Sun, 12 Sep 2021 - 14:44
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Which I suggested waiting to do in order to gain more time to prepare your defence!

So who has responded, your wife or you ?
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modi
post Sun, 12 Sep 2021 - 14:51
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sorry ostell,

we sit down together and submitted.
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