3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - DWMB2

Pages: [1] 2 3 ... 320
1
Private parking tickets / Re: Hearing set for parking charge by car park management services LTD
« on: Today at 04:15:30 pm »
Quote from: settop23 on Yesterday at 04:00:12 pm
(g) The PoC states that the Claimant is suing the defendant as the
driver or the keeper.
Do they? As far as I can see they don't state in what capacity they're seeking to hold you liable.

Quote
There is also a skeleton argument and a witness statement from a paralegal at BW.
We need to see this. What is your deadline for submitting Witness Statements?

2
Private parking tickets / Re: VCS - Parked after expiry time - Powis Car Park, Woolwich
« on: Today at 04:08:58 pm »
Quote from: InterCity125 on Today at 04:05:28 pm
Not blowing my own trumpet here but I would have transcribed my defence points word for word in the WS.
I would recommend presenting them in the first person for a WS.

3
Private parking tickets / Re: UK CPM Parking Charge Notice - Vehicle Not Registered - Copperhouse Green DA1 1JB
« on: Today at 12:09:38 pm »
I think the approach that I would take here would be to use the clear error of their systems to try and undermine the one that remains. The fact their systems allowed 2 PCNs to be issued where they claim your vehicle was simultaneously parked in 2 separate car parks shows that their systems are unreliable. They have cancelled 1, but the fact remains that the initial issue would seem to undermine both PCNs. If their ANPR systems cannot even reliably identify which car park a driver is in, how can they determine that your vehicle was parked where they claim at the times they claim?

4
Private parking tickets / Re: Smart Parking (UK) PCN - DCB and DCBL letters received - Unauthorised Parking - Harwood House, Melton Mowbray
« on: Today at 11:59:19 am »
Quote from: LonelyWanderer on Today at 10:30:41 am
We sent the reply in October but apparently that was outside of the timeframe.
I'm not sure what they claim is outside of the timeframe. They're required to respond to a request for information, and if you provided such information necessary to verify your identity as the data subject, they should have responded.

Quote from: LonelyWanderer on Today at 10:30:41 am
A question for the professionals please
We're hopefully well-informed, but most of us aren't professionals in this space :)

5
Private parking tickets / Re: Parking Control Management - Robert Dashwood Way - SE17
« on: Yesterday at 10:32:45 am »
This seems to be happening semi regularly now. As I said in another post:
Quote from: DWMB2 on March 06, 2026, 05:09:01 pm
Quote from: InterCity125 on March 06, 2026, 05:05:52 pm
Reply with the same text that you used in the previous response to the letter of claim.
I would add a paragraph pointing out that this is the second Letter of Claim they have sent in respect of the same alleged debt some [X] months apart. That you have already provided a response (which as a courtesy you are also providing again now) and that (if true) that they have failed to provide a substantive response.

6
Private parking tickets / Re: Parking fine at my own home
« on: March 07, 2026, 10:21:50 pm »
Quote from: luke2397 on March 07, 2026, 10:12:24 pm
Is for me parking in a bay I'm entitled to park in but forgot a permit. And I have stated that I forgot my permit and submitted evidence of me having a permit. What are the likely directions that this goes down?
Essentially, as I said in my post above. They might cancel. If they don't, then you can run the various arguments above. PCM's likely argument will be that you're only entitled to park in that bay if both have and display a permit. There are arguments you can raise against this, as I outline above.

The strongest of those arguments would be showing that you had the express permission of the owners of the space to park there, but of course this comes back to proving the primacy of contract (i.e. that they own the space to be able to assign such permissions to you). The other arguments are as above.

7
Private parking tickets / Re: Parking fine at my own home
« on: March 07, 2026, 07:41:10 pm »
The reason I and other posters have been somewhat labouring the point around the lease is because if PCM eventually sue you in the County Court, primacy of contract would have been by far your strongest arm of defence. There is still likely a decent amount of time before they do take you to court (if they decide to), which should be more than enough time for your parents to obtain a copy of their lease from the landower. But, if they are unwilling to help you out by doing this we will have to explore other options.

Ok, to recap where we are:
  • You live in a property, but have no contractual agreement to be there, as you have been allowed to live there by your parents
  • Your parents likewise cannot provide you with any documents to prove that they have any contractual agreement to be there
  • As a result of not being able to locate a lease, they likewise cannot prove that they have a space(s) demised to them via said lease
  • You mentioned at one point "All the agreement mentions is that the car park requires a permit", but as yet we do not know what agreement this is, how it came into your possession, nor which parties said agreement is between
  • You have 2 tickets in play. 1 is for parking in a bay that is allocated to you (via the missing lease), and 1 is for parking in a bay allocated to a third party (the housing association).

For the parking charge you have received for parking in your own bay, the following potential arguments:
  • Primacy of contract. The parking spot is demised to your parents, who granted you permission to park in it. A difficult argument to run without evidence.
  • No contractual offer - we have not yet seen photos of the signage (this would be useful), but if it requires the displaying of a permit, there is an argument to be made that the signage is prohibitive, insofar as it doesn't make a contractual offer to those without a permit to park. The downside here is that you do have a permit, it simply wasn't displayed.
  • No commercial justification - you had a permit, but simply forgot to display it, and as such now they are aware you have one, there is no commercial justification for continuing to pursue you. The counter argument here might be that there is a commercial justification for penalising non-diplay, on the basis that the wardens who patrol need to be able to identify who is entitled to park where, so that they can effectively manage parking. This argument could potentially be overcome.

For the parking charge you have received for parking in the Housing Association's spot, the 'No contractual offer' argument would seem to be the best fit, again, subject to what the signs say.

8
Private parking tickets / Re: VCS - Parked after expiry time - Powis Car Park, Woolwich
« on: March 07, 2026, 10:54:55 am »
If you can get something written over the weekend, send it to the relevant parties on Monday and essentially hope for the best. There's sometimes a fair amount of leeway given to litigants in person, so you might as well try.

Quote
They will probably pull out anyway.
Which solicitors (if any) are they using? VCS can be one of the more stubborn ones who do actually turn up for hearings and even routinely send their advocates to court with instructions to seek permission to appeal if they lose.

9
Private parking tickets / Re: Notice to Keeper, I park services ltd
« on: March 06, 2026, 11:04:19 pm »
The response will very likely be a rejection. They're not in the business of accepting appeals.

10
Private parking tickets / Re: PCM Embassy Gardens
« on: March 06, 2026, 05:09:01 pm »
Quote from: InterCity125 on March 06, 2026, 05:05:52 pm
Reply with the same text that you used in the previous response to the letter of claim.
I would add a paragraph pointing out that this is the second Letter of Claim they have sent in respect of the same alleged debt some [X] months apart. That you have already provided a response (which as a courtesy you are also providing again now) and that (if true) that they have failed to provide a substantive response.

11
Private parking tickets / Re: VCS - Parked after expiry time - Powis Car Park, Woolwich
« on: March 06, 2026, 03:49:21 pm »
When was the deadline for submitting?
When is the claimant's deadline for paying the fee?

12
Private parking tickets / Re: PCM Embassy Gardens
« on: March 06, 2026, 02:56:17 pm »
Please show us the letter.

13
Private parking tickets / Re: Notice to Keeper, I park services ltd
« on: March 06, 2026, 01:10:38 pm »
Look at the READ THIS FIRST post at the top of the private parking forum and it includes a link to how to upload images.

14
Private parking tickets / Re: PCM / Moorside Legal - Letter Before Claim
« on: March 06, 2026, 12:21:54 pm »
Welcome to FTLA.
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide

With regards to your proposed response, only threaten to counterclaim if you are actually going to do so. We don't have many details yet, but based on what we do know I personally wouldn't recommend counter claiming.

With regards to claiming 'harassment' - their first defence to this is likely to be 'we have been writing to YellowFellow for over two years trying to resolve the matter, and he has ignored us, we had no option but to go to court'. You may face an uphill battle to argue that you have been harassed for money you say you do not owe, if you have taken no steps to point out to the alleged creditor why you do not owe the money.

The other (arguably more 'tactical') argument against counter claiming is that it potentially increases the chances of the case going all the way to a hearing. If they realise they've got no hope with their claim, they may discontinue. If they have to turn up to court anyway to defend a counterclaim, then they may as well send someone to argue the initial claim, too. This can work both ways, in that they might agree to drop their claim if you drop your counter, but this of course would depend on the strength of each sides' cases.

A final initial point that may sound pedantic, but isn't... You refer throughout to "we" - who are Moorside writing to? If it is an individual, it is that person who will be sued, and from a legal standpoint there is no "we".

15
Private parking tickets / Re: Letter before claim - moorside legal
« on: March 06, 2026, 11:33:18 am »
Yes, exactly. What you can do now, in anticipation, is to ensure you have as much evidence as you can to back up your case.

Your lease will be the starting point, alongside any evidence that makes clear that the space referred to in your lease is the same as the one in which the vehicle was parked.

You mention that the permit was on the driver's seat at the time... Was it clearly visible, and if so, do you have evidence of this? If so, that's an additional argument (even though you aren't required to display a permit, you did so as a courtesy and one was displayed on this occasion)

Pages: [1] 2 3 ... 320