Devere Parking Services - Claim form issued

[mybeachesone]

Hi there,

 

 

I have read a lot of forums about Devere Parking Services and I now need your help.

 

 

I have been issued with a £175 fine for parking on my own car parking space outside my flat for not displaying my parking permit.

 

 

It was displayed, or at least I thought it was but it was a hot day and the sticky stuff must of melted off.

 

 

they fined me £20 first and I appealed against it,

 

 

then they sent me another court order for £175.

 

 

My management company have done absolutely nothing to help and said Devere only pay them £75 a year to manage the car park,

 

 

so I am presuming they get their money from fining people.

 

 

I am not sure what to do next,

 

 

should I appeal again?

 

 

I read somewhere that it can be overidden

 

 

and there may be the option to pay £20 again but I am not sure....

[citizenB]

Can you please confirm that they have issued a claim from the court ?

 

If so, then this will need to be dealt with differently.

[citizenB]

If you have the blue claim form, can you please let us know the date of issue - top right hand corner of the form.

 

Also let us know exactly what they say they are claiming for.

[dx100uk]

....

[mybeachesone]

Can you please confirm that they have issued a claim from the court ?

 

If so, then this will need to be dealt with differently.

 

Hi there, yes it is a claim form from County Court Bulk Centre in Northampton.

 

Thanks

[citizenB]

Hi there, yes it is a claim form from County Court Bulk Centre in Northampton.

 

Thanks

 

and the date of issue is.... ????

[i hate bailiffs]

If you do nothing you will get a county court judgement against you as you have a claim form

[renegadeimp]

And youll have no way to contest it.

[ericsbrother]

respond by saying you are defending,

dont tick the box for mediation and get it off in the post pronto.

 

Now, you have a couple of weeks to offer a defence so we need to know a few things such as who owns the flat

and who is the freeholder of the site.

 

Are there managing agents involved and is the parking space on the lease or is it parking en bloc?

 

Get the lease out and read it to find out,

if it is not clear then get on to the solicitor who did the conveyancing and ask, they should have covered this at the time.

 

You also need to send a letter to DeVere saying

that you request sight of the agreement between them and the landlord

assigning the right to make legal claims in their own name under CPR 31.15

 

Say they have 14 dayas to compy or you will apply to the court to have the claim struck out as having no locus standi.

 

My betting is they have a contract with the management co and that isnt good enough.

 

However, all this will not be of any use to you unless you get the acknowledgement of service back in time.

 

After that, and on receiving your "discovery" letter they may just gve up.

[mybeachesone]

Hi there,

 

 

I attended a mediation session wtih Devere Parking Services and

 

 

I didn't want to pay the extortionate fee for parking in my own car parking space which I own (proven on mortgage deeds).

 

 

It is now going to a hearing and I need to get my defense together.

 

 

Can someone help me please as I have never done anything like this before and felt intimidated and upset after my mediation session.

 

 

I was made to feel in the wrong when I don't believe I did anything wrong. Please help!

[mybeachesone]

Hi Everyone, thanks for your advice.

 

I had to go to a mediation session today and

 

I refused to pay £125 which they offered me.

 

They wouldn't accept my £45 offer.

 

I am now requested to go to a hearing in July.

 

Can anyone help offer me advice.

 

I believe I haven't done anything wrong and that they won't let this fee go as a good will gesture.

 

I live in the flat and own the space,

I displayed my permit and it fell into the foot well

- but it seems there is no room for any slip with Devere.

 

I am saddened after today and came out of the mediation feeling intimidated and upset.

 

I am a normal person who complies to rules, has never been in trouble, works hard but doesn't earn a great deal

and I feel I am being victimised by this company.

 

If I get a CCJ will that damage my credit report?

 

If I pay the fine on the day will that remove it?

 

 

Please help me!

[dx100uk]

old and new threads merged

 

 

please keep to ONE thread

 

 

dx

[mybeachesone]

Thank you - sorry I am new to this!

[dx100uk]

why did you vanish for 4mts and not post sooner

we could have killed this dead already.

[mybeachesone]

Life taking over unfortunately!

[dx100uk]

respond by saying you are defending,

dont tick the box for mediation and get it off in the post pronto.

 

Now, you have a couple of weeks to offer a defence so we need to know a few things such as who owns the flat

and who is the freeholder of the site.

 

Are there managing agents involved and is the parking space on the lease or is it parking en bloc?

 

Get the lease out and read it to find out,

if it is not clear then get on to the solicitor who did the conveyancing and ask, they should have covered this at the time.

 

You also need to send a letter to DeVere saying

that you request sight of the agreement between them and the landlord

assigning the right to make legal claims in their own name under CPR 31.15

 

Say they have 14 dayas to compy or you will apply to the court to have the claim struck out as having no locus standi.

 

My betting is they have a contract with the management co and that isnt good enough.

 

However, all this will not be of any use to you unless you get the acknowledgement of service back in time.

 

After that, and on receiving your "discovery" letter they may just gve up.

 

 

so how far did you get following the above?

 

 

dx

[mybeachesone]

Hi there,

I own the freehold of my flat.

There is someone who owns the block – I have this written down and can dig it out tonight if it is useful?

 

Yes the managing agents of the block of flats are Napier Management Services in Westbourne.

 

It is stated in my mortgage deeds that the boundary which I own includes the parking space – this is clearly outlined.

 

I have the agreement between Napier and Devere.

 

 

Napier appointed them for about the last year, to manage the carpark and to give fines to anyone not displaying the relevant ticket for their space,

or for no permit at all.

 

 

I asked for Napier’s help but they couldn’t offer any.

 

Thanks

[dx100uk]

it is not a fine

 

 

its a sspeculative invoice.

 

 

did you file a defence to the claim?

 

 

what was it?

 

 

dx

[mybeachesone]

Yes my defence was that I did intend to display it as I stuck it to my car window, but when I returned it was in the footwell.

It was a particularly hot day so I can only assume it unstuck due to the heat.

 

 

The actual permit they give you is quite large and they didn't give me a sticky wallet or anything so I just stuck it with sellotape.

They have photographic evidence it wasn't on the dashboard or in clear view,

so I said they should have looked a little harder as it was on the floor - but obviously they wouldn't accept this.

 

 

Following a few phone calls and letters to Devere, they increased the charge, and I consulted Napier with no resolve,

and kept getting hit with higher fines, or invoices, and

 

 

then I was offered mediation which I refused as I didn't want to negotiate as I had rude customer service,

(they were rude to my husband on the phone, however Mr Williams said my husband was rude so I would like him to take the phone recording to court).

 

 

They have shown no flexibility in letting it go.

I have lived in the block for 2 years and Napier unwillingly hired this firm,

I didn't agree to them hiring Devere.

I am now planning to move from my flat just to get away from these bullying tactics.

 

 

In mediation today I saw that Devere were in two more mediation sessions after me so I can only presume other people are in this situation.

 

 

I can perhaps understand if I wasn't a resident and was parking in someone's space, but this is my space which I own.

 

So I said all of this as part of my defence, printed out freeholder and leaserholder agreements, contracts between Napier and Devere etc.

[i hate bailiffs]

 

It is stated in my mortgage deeds that the boundary which I own includes the parking space – this is clearly outlined.

 

 

If that is the case I would be looking forwards to the court hearing the ownership of the land clearly is not there's

I would be claiming from them

It is not their land

They can jog on

[Sidewinder]

Agree with the post from IHB above - the land is yours, the deeds prove that, so Napier can hire whoever they wish to manage their land, but you never made any agreement for Devere to manage yours!

 

Take all of the advice here is forming your defence and I am sure that once they see it, Devere will drop the case like a hot potato. If they don't then you will be looking t reclaim your costs

[Billy's mate]

I don't know why you're getting yourself in such a lather over this.

 

 

It's YOUR land they they were trespassing on it to put their ticket on your car.

 

 

I would look forward to going to Court with this one.

 

 

Your mortgage deeds trounce their speculative invoice.

[ericsbrother]

The only contract under these circumstances is between the landowner (or occupier in the case of a LEASE) and the parking co.

 

 

De Vere signed a deal with the managing agents.

That is like me putting my house up for sale and the estate agents telling me I cant park on my drive

as they need to show people around and then getting someone to demand money from me when I ignore them.

 

I cant see why you went to mediation,

you were told it would be pointless and offering £45 under other circumstances would sink a major part of a defence.

 

 

However you have an absolute right to be there and they have trespassed against you.

 

 

Now should you want to progress this you could let DeVere and Napier know that you are going to sue the pants off of them for trespass and harassment.

 

 

It has been done before so you will need to look back through the parking threads to find an example but when you do, quote it to them.

 

As Napier arent part of any legal entity that has any rights

let them know now and deVere later, when you exchange documents.