PPM/Gladstones claimform - PCN - residential parking galena and topaz apartments Hounslow

[sridas]

Hi guys

 

I have received a parking charge of 100 to be paid in 28 days or 60 if paid in 14 days.

I received this just after midnight.

I believe that this is unfair as I parked there only for a maximum of 15 minutes to drop my wife and 9months old daughter.

It was late in the evening and it was dark.

 

The area is known for drug dealings and drug addicts loitering.

I didn't wanted to walk there during that late hours with my daughter and wife.

I decided to park near by which is a private road just to drop my family and luggage as we were coming back from holiday.

 

This is the only way to get to access to my flat as it is a new development.

By the time I come back to move my car I got a ticket.

 

Kindly advice me on the grounds I can appeal.

 

Thanks

Sri

[honeybee13]

Hello and welcome to CAG.

 

Could you give us the information requested in the forum stikky please? That will help us to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-%282-Viewing%29-nbsp

 

My best, HB

[sridas]

Hi thanks for the reply below are the details requested:

 

The date of infringement: 17th of May 2016 Time:00 19

 

The parking company: Parking and Property Management Ltd.

It is mentioned on the parking ticket that photographic evidence is on their website.

I have not yet appealed.

Could is also let me know how quick I should appeal.

Is there a deadline to appeal.

Thanks Sri

 

Hi All kindly advice me how to proceed.

 

 

Do the company has enough grounds to claim the money.

 

 

Will they take me to the court.

 

 

kindly advice. thanks Sri

[honeybee13]

Hello again.

 

We're all volunteers here, so the forum guys will be along when they can over the course of the day. Please bear with us until they're able to get here.

 

HB

[ericsbrother]

a ticket on your car is a notice to driver,

DO NOT APPEAL THIS,

wait until they send you a notice to keeper,

which must arrive between 29 and 56 days after the day of the parking event.

 

If you appeal the screen ticket you identify yourself as both driver and keeper an it makes most of the protections you have in law redundant.

 

The key thing here is you were only parked for such a short time it can be argued that it comes within the grace period that parking co's are obliged to give

 

if you can tell us exactly where the land is and whether you saw any signs there it would be helpful.

 

Also, as you live close by can you photograph the signage and post it up as the chances are it may be defective when it comes round to creating a contract.

 

So, wait for them to contact you again and provide as much info as you can,

 

the wording of the NTK is also critical and many of the smaller companies get that wrong so cant claim from the keeper.

[sridas]

Hi ericsbrother thanks for your reply.

 

I will send you the picture of signage.

 

I am also in the process of changing the address for the registered keeper as I moved and my sister has moved recently as well from the address.

 

The parking charge received is at my new place.

 

This has recently been advertised as a private road.

This was not known at the time of purchase of the property.

I need to go back and check the contract details as its a shared ownership purchase. Thanks

[ericsbrother]

All you have so far is a ticket on the screen, they dont know

where you live,

who was driving

or naything about the circumstances.

 

 

Get you change of addy into the DVLA pronto or you may have to fight a court order sent to your old address as they think they are onto a winner when they find you have moved and your post isnt forwarded.

[sridas]

Hi ericsbrother

I have sent the change of address form (VC5) today in recorded mail.

 

as its been just under a week since the ticket was received;

do you think they would have already contacted the DVLA for my address.

 

Just to avoid any further confusion,

should I still appeal in writing to their address by keeping my name and address as anonymous.

 

Kindly advice. Thanks Sri

[sridas]

Hi Ericsbrother I am mailing the signage at the place. Thanks Sri

 

galena and topaz apartments Hounslow is the location of the ticket received

[ericsbrother]

then the sign means that you are trespassing, not breaching a contract and they cant do a damn thing about it.

 

 

The landowner may sue you for any damage your vehicle cuased to the roadway but as roads are designed to carry vehicles this will be nil.

 

as said, wait for the NTK and then we can recommend some choice words to send them.

 

 

DONT PANIC, nothing is going to happen for at least a month.

[sridas]

Thanks Ericsbrother, I will contact you back once the letter comes. Hopefully we will get this sorted. Thanks Sri

[sridas]

Thanks Ericsbrother, I will contact you back once the letter comes. Hopefully we will get this sorted. Thanks Sri

 

 

Hi Ericsbrother,

I have been given another ticket yesterday right in front of my wife.

It is the only road leading to my entrance of the apartment.

I only parked there this time for less then 10 minutes and made my wife stand in the balcony to watch my car.

 

 

The ticket guy came soon after I left.

he was told by my wife that I was coming down to move

but he just ignored and placed another ticket on my car.

I did not receive any letter yet for the first ticket.

 

Kindly advice.

 

Sri

[honeybee13]

Hello there.

 

I've just deleted a duplicate post to the one you made this morning. ericsbrother has other things that occupy him, I'm sure he'll reply to you when he can.

 

HB

[ericsbrother]

The advice remains exactly the same,

you keep the ticket and let the clock run.

 

 

If they contact the dvla ahead of time and get the wrong address then that is their hard luck.

I hope you have your post redirected so you can inform them, when the time comes.

that they are wasting their energy and money on this.

 

You wont receive anything until 29 days have passed.

they cant write to you as keeper until then or they automatically lose any rights to claim.

 

 

Whwn th muppet who sticks things on cars comes round do not interact with him in any way as you may identify the driver by doing so.

 

You have to follow procedures, as do they so you will be spending a lot of time waiting between letters.

[silverfox1961]

Hi

Just thought I would pop in and give my 2p.

 

This is a very small company who are members of the IPC therefore any appeal no matter how valid will be rejected after which you can escalate to the IAS who will also reject you.

 

The chances of them taking court action is also slim to none.

The grand total of cases taken to court this year. 1!

He has to pick his cases very carefully as this company makes so very little money.

 

Does your lease give you a parking space or permission to park at the site?

[sridas]

Hi Erics brother and silverfox, thanks for your advice. I will wait for the letter to come.

 

The property lease does not give the permission to park as there is no parking space allocated to this property. This road is the only road leading to the entrance of the property.

 

Thanks

Sri

[silverfox1961]

Then where are you expected to park? You can't be expected to park elsewhere. Take this up with the property management.

[ericsbrother]

does the lease forbid parking on the road?

Not having an allocated space is not the same as forbidding parking on the land

 

 

It may be you need to ask the council for sight of the planning application and planning permission granted.

 

 

there has to be an arrangement for parking as it is part of the building law although that may not bean allocated space on site.

[sridas]

Dear Ericsbrother;

 

Hope you are ok.

 

I have now received my first letter from the parking and Property Management Ltd . I am attaching the letter. Kindly advice me accordingly.

[sridas]

Hi ericsbrother,

I have now been sent a claim form.

 

Kindly advice me how to proceed.

If the case goes to court will I be charged more then what the claimant is claiming for in the form.

 

I have decided to fight the case.

 

Kindly guide me accordingly and let me know we're to start from.

 

Thanks srinivas

[ericsbrother]

well, they can only claim what they write on the form and maybe their travel expenses

but usualy they employ a local solicitor as that costs less then the train fare.

It also menas they cant get done for perjury when talking through their witness statements!

 

The first thing you need to do is acknowledge the claim.

You can do this online at MCOL or by filling out the relevant box on the N1 form and just tick that you are defending the claim in full.

 

 

You then have a further fortnight to submit a defence,

this doesnt have to be in any detail,

just the basics like "signage at the site is prohibitive so no contract ever formed and therefore no monies owed to claimant.

In any case he protocols of the POFA were not adhered to so no keeper liability."

 

there is a lot of detail that can be gone into later,

including plenty of other cases dismissed for the same reason

but for the moment you dont want to go into detail as that will limit what you may add later.

 

also, if you can post up their particulars of claim as there is currenty a rash of these going out without the necessary details and judges are dismissing them without need for consideration.

See the parking pranksters recent blog on this point

[dx100uk]

opps you left the claim number on it

but we don't need it anyway

 

please fill this out

 

and post the Q&A back here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

[sridas]

Name of the Claimant: parking and property management ltd,

ocean house, 12th floor. The ring, Bracknell, rg12 1ax.

 

Date of issue : 7th of September

 

Timeline for acknowledgement: midnight 25th of September

What is the claim for –

 

Due date 01/06/2016: £150.

1.Claimant claims 151.97 including £1.97 interest pursuant to s.69 of County Court Act 1984 rate 8.00% pa from dates above 05/09/16 same rate to judgment or payment.

Daily rate to judgment £0.03.

Total debt and interest £151.97. court fee- 25.00, legal representatives costs-50.00.

Total amount- 226.97.

 

What is the value of the claim? £226.97

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim? PPM Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I don’t know what this means?

[dx100uk]

go ack the claim {AOS BOX]

on the MCOL website

defend all

leave jurisdiction unticked

 

 

get the below running to gladstones

 

 

CPR31:14

 

 

[Your address]

.

[Their address]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. proof of assignment from the landlord to create contracts and make claims in your own name.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.

.

Yours faithfully

.

[sridas]

Hi dx100uk,

 

As suggested I have acknowledged the claim online. below is the request you have suggested. Kindly let me know if it look ok. Tonight I will send you a copy of the acknowledged copy as an attachment. I will be sending this in post. Thanks

 

 

CPR31:14