sirpercival
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Everything posted by sirpercival
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Ok, thanks folks - will use the generic defence as linked and keep that aside for if/when I need to flesh things out down the line Quick one, the original NTD had a max amount of £100 on it (reduced to £60 for payment in however many days) - am I right in interpreting the "total of PCNs and damages" of £160 to amount to double recovery? Ta
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Yes and no, they numbered them but didn't separate the points with new lines or anything, was just flowing into one another.
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Draft defence - any feedback welcome! 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. It is admitted that Defendant was the recorded keeper of the vehicle, the Claimant is not in a position to state if they were the driver at the time. Item 1 & 3 of the PoC is denied. It’s denied that the claimant ever entered into a contract to breach any terms and conditions of the stated private land. 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. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. Item 4 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge. The Defendant also contends that the terms of the PoFA Act have not been followed and as such the pursuit of the claimed debt by the Claimant amounts to harassment. Notwithstanding the above on 06 Sept 2021 the Defendant made a request pursuant to CPR 31.14 for the Claimant to disclose its necessary evidence in support of its claim. To this date the claimant has failed to respond to said request. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the recovery or any recovery at all.
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Hi, I technically never appealed - when communicating with them I've never really mentioned the car being parked by anyone or not, pretty much just said that they have not followed the terms set out by the PoFA and as such any claim is baseless and I will defend it robustly - not sure they could infer that I was the driver from that. Unfortunately neither parent drives and I was the only named driver, however of course people do have third party cover to drive other cars (with permission) so I guess that might help? The "car park" isn't really a car park at all, it's just some garages down a side street - there was no entrance signage from recollection, looking at google street view I'm not sure there's any signage whatsoever any more, so I suspect they no longer even manage that area. I've also had a brief look on the North Lincs Planning Application site and haven't managed to find any planning for any signage in that area, not sure if this helps or not. I'm very much hoping they produce a doctored NTD if I'm honest, that'd make my day. I'll start working on a vague defence ready to submit nearer the deadline but will still keep the NTD issue under wraps.
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Evening, Yep, still have the original NTD with the incorrect reg, did not contact them after that being slapped on my car, just waited for the NTK to come, when that (well, notice to "Keeper/Driver") arrived that DID have the correct reg, but like you say was way outside the 14 day period mentioned. The original is tucked away safe in my file of important stuff (along with God knows how many DCA chaser letters for the same thing) ready to produce in court should they actually take it that far. Wondering if there's any chance I can screw them with a counterclaim for harassment based on pursuing a debt they must know they have no claim to, but tbf as long as I can make sure any case is dropped/dismissed I'll be good with that alone!
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Thanks, responded on the MCOL site, am working on the CPR 31:14 letter. DCB Legal are listed as the contact for any documentation etc. do I want to send this to them or VCS (or both)? The address given on the claim form was just "The Garages, Scuntho" (their misspelling) If you need the precise location, these are the coordinates according to Google Maps - 53.59411510234528, -0.6469458629122934 Thanks again.
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Evening, thanks for reopening so quickly - see claim details below as requested. Name of the Claimant : Vehicle Control Services Limited Claimants Solicitors: DCB Legal LTD Date of issue – 31/08/21 Date for AOS - 18/09/21 Date to submit Defence - 02/10/21 (Saturday, so submit by 4pm on 01/10/21 [NOTE : WHEN CALCULATING YOUR TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN ANY COUNT [an example: Issue date 01.03.2020: + 19 days = 19.03.2020 :+ 14 days to submit defence = 02.04.2014: a total of 33 days] What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. (Particulars of Claim are in the box to the left of the N1 page 1) The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to the vehicle XXXXXXX at The Garages S**ntho The PCN details are 29/11/2016, VCXXXXXXXXX The PCN(s) was issued on private land owned or managed by C. THe cwhicle was parked in breach of the terms on Cs signes (the Contract), thus incurring the PCN(s) The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS £160 being the total of the PCN(s) and damages Interest at a rate of 8% per annum pursuant to s.69 of the County Courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment Costs and court fees Total of circa £280 **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION What is the value of the claim? (rounded) Amount Claimed £197 court fees £35 legal rep fees £50 Total Amount £282
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Hi again, Appears the address change was noted and they've decided to use a different firm? Do I need to actually respond to this one? Thanks in advance. Letter.pdf
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Hi there, Couple of things - it's been a fair while of having debt collection letters through every 4-6 weeks or so. Have just had a letter (attached) through from Gladstones Solicitors which appears to essentially be the same as the debt recovery letters (i.e. no actual court action as yet). I presume I just need to sit on this until they actually take the case on? Additionally I am looking to move house in the near future - I'm aware I need to ensure that whoever is chasing me has my latest contact details so I don't get a CCJ against me without knowing - how is best to go about this? Do I just send whichever debt agency/solicitor firm a letter saying what my new address is and for all further information to be sent there? Thanks in advance (and apologies it's not a scanned image, I don't have (and can't really afford) a scanner at home) gladdy letter.pdf
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Apologies - have not been able to carry out as extensive reading as I perhaps should have - wasn't fully aware of the distinction between the debt recovery letter and the letter I should expect at some point from their lawyers. I have a bit of free time this weekend (for the first time in a while!) so will have a look at some other posts. Thanks for your help so far & apologies again for my current ignorance!
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Hi ericsbrother, So I ignore it and wait until I hear again then? Thanks
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Hi again, just had this through the post today (sorry about the poor lighting), what do I reply with? Thanks in advance! DR+.pdf
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Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Presume I wait for them to try take it further and come back here then? -
Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Hiya, Just got a rejection through the post as attached. It seems odd to me that they deny the opportunity for the keeper to appeal, but in any case - any and all suggestions welcome. Thanks in advance.
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Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Ok, that's great, thanks - will draft a letter saying that and post it next time I'm near a post box! Will be back on here when they reject the appeal... P.S. I often think my parents don't deserve my visits! -
Came home to find the below on my doormat...do I appeal to the IAS? appeal refusal.pdf
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Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Tenancy agreement, no mention of parking. Also from tenancy agreement Parents are unhappy to contact HA on this as they are concerned it might harm their tenancy...think am unlikely to be able to persuade otherwise... Does implementing the parking enforcement constitute a change to their agreement? If so this surely can't be made without expressed agreement from the tenants (my parents)?
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Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Ok, I have my parents back on looking for the tenancy agreement - they have a handbook which doesn't mention parking anywhere. What exactly do I need to get the 'rents to ask the HA for? the letter confirming that they had engaged the services of a parking enforcement company? You say I should ignore an see what they do, but also not to sit on it - presume that's if I get any more correspondence? Of course if I get anything more I'll be straight back on here! Hopefully have some tenancy agreement info in the next day or so. Thanks -
Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
so what do you reckon is best to do? -
Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Sorry it's taken a while - sign attached, can't locate the tenancy agreement unfortunately.
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Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Ta! I did indeed, and it all made perfect sense... -
Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Fair enough, still trying to get an image of the signage in case that helps, but otherwise will just post back to them. -
Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
They do say that you shouldn't pay in cash/send cash in the post, is it a requirement that they accept alternative payment when they have card fees? Is it worth paying a few quid to get insured for the sum of the supposed contents as a way of "proving" what was sent or is that too close to insurance fraud? -
Park Direct Parking Charge Notice
sirpercival replied to sirpercival's topic in Private Land Parking Enforcement
Hi ericsbrother, Have asked parents to dig out tenancy agreement - this particular parking regime was introduced in 2015 I believe (parents have been there since '98) after a consultation. Believe there was some kind of enforcement at the start too. I will get an image of the signage and post it as soon as possible. -
Hi there, Went to visit parents over Christmas and got slapped with a speculative invoice on Boxing day! Form filled in below and images of letter attached. 1 The date of infringement? 26/12/16 2 Have you yet to appeal to the parking company? Not yet Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it? - Yes? It calls itself a parking charge notice rather than an NTK though, dated 25/01/2017 Did the NTK provide photographic evidence? Yes - redacted 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)? Not that I can see, no. 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? Haven't appealed as yet 5 Who is the parking company? Park Direct 6. where exactly [Carpark name and town] did you park? Clement Attlee Estate, Fulham, London (John Smith Avenue) - this is the housing association side of the estate and is privately controlled parking, not the council side. What advice do you have? The letter suggests that you cannot appeal to them as the driver was given the opportunity to do so, surely that isn't right? Additionally they do not offer the same discounted rate as they do on the windscreen ticket. My parents are entitled to apply for a permit for the area but neither of them drive and there is no provision for visitors and you have to have everything registered there to get a permit (I don't live there any more!). There were ample empty parking spaces available on the estate at the time. Additionally, those who are fortunate enough to have landed in houses with an off road drive are entitled to use that without a permit and apply for a permit for the surrounding spaces (surely not just?) Any and all help welcomed! Thanks!
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