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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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PPM/gladstones Claimform - 2 PCNs fallen permit - Flats Winterthur Way Basingstoke


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The previous tickets were for parking in the 'visitors' spaces can I still use my tenancy agreement for that?

 

Or just my current case where I have two additional PCN's for parking in my own space?

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on private land any marking are purely tarmac graffitti

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Whilst I wait to hear back from my bank I have been doing some more research on the planning permission for the parking signs on the estate.

 

Am I right in thinking this falls under the 'Town and Country Planning (Control of Advertisements) (England) Regulations 2007'?

 

I have gone through Schedule 1 Class A to I and believe the signs do not meet the criteria for planning permission exemption.

 

Any input would be appreciated especially if someone has a background on planning permission.

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no private parking Co signs can be classed as adverts.

but cant be exempt

 

they must have sep planning permission in their own name.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Charge back now sent, thanks for the advice dx!

 

I have emailed the council with regards to planning permission as well. I want to do my best to hit these frauds where it hurts.

 

If it is found the council agrees that they do not have permission to put their signs up. Is the estate management held accountable for letting them do it?

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sent? usually done over the phone...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sent? usually done over the phone...

 

Went into the bank where they sent the case to their head office for review I believe. Apparently only takes a couple of days.

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lets hope

would be a nice kick in the lower regions for them...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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right the main point of all of this is it is your space so you can sue the parking co for trespass.

People have done.

 

Your tenancy give you the same rights as the person who owns the flat has

so you may need to look at the lease but generally an allocted space comes with the flat

and that is part of the lease so untouchable by parking co.

 

If you have paid for their tickets when parked in YOUR space you may be wanting to tell them that you want your money back as it was obtained by deception and you will take them to court to recover it.

 

get reading the lease and come back here.

 

Yes PP is needed but is rarely enforced by the council as they are too bust to bother with such minor breaches.

however, that doesnt change the law

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Now I guess I just wait until I get the letter through from gladdys saying they want to take me to court.

 

I would rather not have to deal with the hassle.

 

If I was to just write to them and quote "Pace v Mr N [2016] C6GF14F0 [2016]" would this not put them off as it's almost a sure fire loss for them if they go forward with it?

 

I am just trying to find ways of nipping this in the bud early.

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in short, no

unless you word the letter in such terms that they are convinced you will go after them for breach of the DPA, trespass and harassment and your posting makes it clear that you want a quiet life and that is not on offer.

 

 

Your actions so far mean they are convinced that you are a cash cow so they wont be wanting to suddenly give that up

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  • 2 weeks later...

So the Charge back did't work as it was carried out over 'Authorised by Visa' of which my bank does not deal with!

 

I am trying to get the actual landlords lease agreement to see what it says about the parking space, however this is proving difficult as all my correspondence have to go through the lettings agency.

 

Although many cases at court have just been won by the judge just seeing the 'Tenancy Agreement' so if i couldn't get hold of the lease from the landlord I should be okay.

 

I tried messaging the estate management team who employed PPM but I got shut down. There response will make you guys laugh,

 

"Dear XXXXXXX,

 

Unfortunately I am unable to intervene despite my best efforts as the ticket was issued correctly.

 

You can appeal through the IAS (Independent Appeals Service), they are totally independent and will look at your case fairly.:lol:

 

I wish you all the very best with this

 

XXXXXX"

 

This response got me thinking, technically the estate management company who employed PPM are theoretically employing people to trespass on the residents spaces.

 

Would that mean the management company could be held responsible for letting them do it in the first place ?

 

Just a theory and wanted all of your opinions !

 

Regards,

 

Tissot

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  • 2 months later...

Have just received my first letter from gladdys,

 

I did see a post from 'ericsbrother' on another post about writing to them.

 

Explaining supremacy of contract, sue them for trespass, harassment and DPA etc.

 

This is a Final Demand letter not a summons for court.

I can post up letter if it helps.

Just wondering if writing to them is a worthwhile exercise.

 

Regards,

 

Tissot

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post it up suitably redacted.

We can then compose a suitable response to send to them copy to PPM

 

When I say explain supremacy of contract,

I mean in the shortest tersest manner possible.

 

They are the IPC in a different dress so not an uninterested party.

I expect there are other juicy add ons to the sum demanded

and a comment on that is worthwhile as ultimately they have to explain themselves to a court

 

they don't actually turn up to do that themselves because they don't remember to carry a toothbrush.

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Write back to Gladdys the following:-

 

Dear Will and John,

 

as you are the world's cleverest solicitors you would never do anything as stupid as sending out demands for monies that are not due on purpose.

 

Remind your clients that

firstly

I have supremacy of contract they can shove their demands where the sun doesn't shine.

 

secondly,

even if I didn't, the amount due can never be more than the contractual sum, where they get the idea that somehow the £200 can magically turn into £320 I do not know, perhaps they have been listening to the wrong person who is either spinning them a yarn or is actually too thick to know better.

 

I would also remind them that they would lose a claim for

damages

trespass,

harassment

and for breach of the DPA

for obtaining my keeper details when they have no cause to do so.

 

The sad thing is their trade association didn't warn them that parking management is not a licence to print money, that they have responsibilities and they have failed to carry them out with due diligence.

 

Perhaps, once you clients have cogitated on this for a while they should write to the IPC and tell them what an unprofessional bunch they are for allowing this situation to occur in the first place as their advice when vetting of the operations has clearly failed.

 

As you know, the IPC and Gladstones are the same two people who just like dressing up differently to claim they are not the same organisation.

 

Send a copy to PPM so they know that you aren't going to give them an easy ride as the chances are they have been misled into believing that it is money for old rope and perhaps they wont bite when Gladdys tell them that there is no risk involved in suing people.

 

Dont water it down,

that will make them think that you may waver if you do get a court claim form.

 

As it stands,

this letter will be part of the evidence paper trail and I cant see that being easily waved away when the "reasonableness" test is applied to a failed claim.

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Thanks EB you are a poet to say the least !

Wish I could send it exactly like that.

 

 

Shall suitably edit and get it sent to both gladdys and PPM shall let you know if anything happens.

 

 

Thanks for your help.

 

tissot

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no, you send it exactly like that,

If I wanted people to edit my copyright material I would charge you for its use in the first place.

 

Editing will reduce its effect and probably show that you dont actually know what you are on about or are unsure of your legal position.

 

That WILL result in getting a court claim form where with this you reduce that likelihood as the letter will be produced in court to show that you have communicated with them and their action is entirely unreasonable

 

Cant you be bothered to read about these people?

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If you alter it it loses it's impact so best follow EB's advice. PPC's and Gladstones are not ethical people, they can and will make spurious demands also they probably break the law to make a few quid.

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no, you send it exactly like that,

If I wanted people to edit my copyright material I would charge you for its use in the first place.

 

Editing will reduce its effect and probably show that you dont actually know what you are on about or are unsure of your legal position.

 

That WILL result in getting a court claim form where with this you reduce that likelihood as the letter will be produced in court to show that you have communicated with them and their action is entirely unreasonable

 

Cant you be bothered to read about these people?

 

Sorry if I offended you EB, but you do have to understand for someone that spends all their time in a corporate environment. Sarcasm is not a communication style that is often adopted.

 

However I trust fully in your advice !

 

Letter was sent a few days ago (unedited) so it's just a waiting game now.

 

Regards,

 

Tissot

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Tissot

many of these parking companies are nothing like the most of the kind of corporate companies you are used to dealing with.

 

Most of the parking companies names that appear on this Forum are nothing short of criminal organisations

though too stupid to aspire to anything other than being tuppeny ha'penny whizbangs

[that expression reveals my age since those pennies were old ones not the newones we have now.].

 

They cheat and lie, commit perjury,overcharge, ignore the Law and do not adhere to the guide lines of their own Associations

which they have to in order to receive our data from the DVLA.

They operate to extract as much money from motorists as they can and that is their sole modus operandi

they do this behind a cloak of doing good by keeping car parks free for genuine customers].

 

The truth is that genuine customers are just as likely to be fleeced as anyone else.

 

So EB fights fire with fire.

He wants them to know that they are not going to get an easy ride

so they may as well go and look elsewhere if they want to make easy money.

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  • 3 months later...

UPDATE: Well since I sent EB's letter in October I have heard nothing back so either it worked or I am now just waiting for a letter from small claims.

 

Fingers crossed not the latter !

 

Thanks for all your help so far and shall keep you updated.

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That is good news.

However do not throw away all your correspondence as they might wait a couple of years and try again.

They will be hoping you will not have kept their paperwork.

 

This thread will still be available of course to help you and you can always come back in the months that follow if they are stupid enough to try again.

 

And sadly they are stupid enough.

 

So that's £320 that's better off in your pocket than theirs.

 

it is such a pity that so many people do pay up to these crooks.

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