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  1. Hi all, Bit of background... .i live on a new build housing estate which has allocated parking/parking permit scheme. Homeguard, trading as 14 Services (not sure what the other 13 are, but making my life a misery seems to be no.1) were brought in to manage the parking. In the last 18 months i have had no less than 30 tickets for parking without a valid permit. I would add at this point that i have not used anyones space, or parked in an unsafe manner... ..my property does not have an allocated bay so i tuck my car out of the way where it is not obstructing anyone. I've had numerous correspondence relating to these tickets, which based on the advice contained here i have ignored. These have included Notice to Keeper letters, solicitors letters and collection agents letters. Just before Christmas i recieved court papers, and filed a defence based on research here. The basis of my defence was that Homeguard had not proven right of litigation on behalf of the landowner, that the damages requested (some £900) were a punitive damage and not pre liquidated damages as there is no cost to park on the estate, and that they had not provided evidence that they were pursuing me as driver, not registered keeper (i indicated that i was not the driver and that, as i'm not required by law to provide further details i have elected not to do so). I have had today a response to defence almost an inch thick prepared by Gladstones solicitors denying my defence on all points. It appendages their contract with the landowner which states that they are authorised to take all action neccessary to recover amounts related to tickets issued so they do have right of litigation.. ..so thats that as far as that defence is concerned i guess. Other appendages include copies of the tickets and notice to keepers etc, and a letter from a 3rd party company which is who Homeguard are ACTUALLY contracted to, who is in turn contracted to the land owner. This letter is prejudicial in that it goes into details not factually relevant to the claim and implies that my vehicle has caused problems with access for emergency services. ...which is absolutely false!). They have indicated on the court papers that they would allow mediation, and i have the option for this too but i don't see that it will achieve anything. They are claiming the right to pursue me as keeper, and for the full sum allegedly owed and not amounting to a claim for damages under the Protection of Freedoms Act 2012 para.4 which defines a parking charge as being: (a) in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge, and (b) in the case of a relevant obligation arising as a result of trespass or other tort, means a sum in the nature of damages. They are relying on case law to support this - Export Credits Guarantee Department and Universal Oil Products Co and Others (1983) which found: 'A sum of money payable under a contract which is not triggered by a breach of contract falls outside the penalties jurisdiction.' Now to my laymans eyes, it would seem that they are claiming that as there is no breach of contract, they are free to claim damages? But surely there is an implied contract being entered into by parking on the scheme, and failing to adhere to its terms (not displaying a valid permit) is by nature a breach of contract? i've gone as far as i can with this under my own steam, and as i cant afford to engage a solicitor i'm looking for any assistance you knowledgable people can afford me on how to proceed. If its a non starter then so be it, but i'd hate to not go down fighting. Thanks in advance, L
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