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  • FIRST POST
    • Zita_Z
    • By Zita_Z 24th May 17, 12:10 AM
    • 9Posts
    • 4Thanks
    Zita_Z
    Residential parking in allocated bay - Court Claim received
    • #1
    • 24th May 17, 12:10 AM
    Residential parking in allocated bay - Court Claim received 24th May 17 at 12:10 AM
    Hi All,

    I have spent hours reading up on the topic as I have just been served by Parking & Property Management. Please can someone help me figure out if I have a case?

    I live in an apartment complex with a multi-storey carpark. Residents are allocated parking spaces and given a sticker (with a disproportionately small sticky surface) that they need to display at all times. My parking space is on the 7th floor of the complex, which means there are a lot of centrifugal and centripetal forces at play when I am driving up/down.

    On the day of the incident, I was in a rush to get to a doctor’s appointment (I had a very bad cold with a fever, I don’t know if this could help), and after I parked my car (my surgery is within walking distance), I forgot to check if my sticker was still in place. The next morning I found the PCN on my dashboard for not displaying the ticket properly. It had fallen to the floor of the passenger side, but it was still visible if someone looked in through the window (can provide photos timestamped from the same morning).

    So between 6 PM the night before and 8 AM next morning they managed to spot my missing sticker. The original fine would have been 60 pounds (100 if paid later than 28 days), now it is 237 pounds.

    I am wondering if you can help determine whether I have a chance to dispute this ticket. I think I have a few arguments that could help:
    - Primacy of contract: my lease states that I have an allocated parking spot for one car (so Jopson ruling may apply). The fact that they have a permit scheme is secondary.
    - Legality of contract: as this is a private apartment complex, they have a monopoly over parking spaces. I do not have the choice of not parking there as that is my only option (as opposed to a shop’s car park). The property management company may have signed a contract with these people, but I did not. They have signs displayed in the car park, but I have no say in what is in the terms as they were drafted in advance. These are unfair terms.
    - Circumstances: the fact that I was physically unwell at the time (can provide doctor’s appointment proof), and that the permit simply fell off my dashboard due to circling around up to floor 7.
    - There was no loss of income. I had the right to park my car in that spot, it was allocated to me, and it could not have been rented to anyone in that timeframe. I do pay for this spot through the rent I pay to my landlord, it is MY spot (they don’t own the car park, only operate it). Also, as this is a residential car park, a note to say ’please provide proof of permit’ would have been a much reasonable 1st step, rather than straight up issuing a 60 pound fine.
    - Disproportionately high sum. I refuse to pay 237 pounds in a situation where I had the right to park in my spot and I have/had proof at the time of the fine.

    Side note: my boyfriend has received a very similar charge from them. In his case, the sticker fell off the windshield, into the small crack between the glass and the dashboard, which resulted in only the top half of the ticket being visible. At the time I tried to reason with PPM, I called them and went through their internal appeals process (they rejected, no surprise there...). Now I’m just very angry and want justice.

    I would really appreciate any advice. Also, if anyone can help with defence letter writing, that would be amazing (I saw that a few people had help from experienced members).

    Thank you!
Page 2
    • Zita_Z
    • By Zita_Z 15th Jun 17, 10:54 AM
    • 9 Posts
    • 4 Thanks
    Zita_Z
    Thank you Guys Dad, I made a few corrections. I changed lease to tenancy agreement. I also added another paragraph from a defence found here about ParkingEye v Beavis. I think this applies to my case (residential, own dedicated bay):

    This case can be easily distinguished from ParkingEye v Beavis, which the Judges held was 'entirely different' from most ordinary economic contract disputes. Charges cannot exist merely to punish drivers. This claimant has failed to show any comparable 'legitimate interest' to save their charge from Lord Dunedin's four tests for a penalty, which the Supreme Court Judges found was still adequate in less complex cases, such as this allegation.
    • Zita_Z
    • By Zita_Z 11th Jul 17, 9:53 AM
    • 9 Posts
    • 4 Thanks
    Zita_Z
    Hi,

    I have sent my defence to the court almost a month ago and haven't received the Directions Questionnaire yet, is this normal?
    Also, Gladstones have sent me an email with a copy of their DQ (trying to steer me towards paper-based hearing...). I'm not sure if it's them being proactive or they have already received theirs.
    I check my mailbox vigilantly every day and nothing yet, so I'm just a little worried I'm going to miss some deadline.

    Thanks for any advice on this.
    • Umkomaas
    • By Umkomaas 11th Jul 17, 10:11 AM
    • 13,956 Posts
    • 21,913 Thanks
    Umkomaas
    You do not want this to be determined 'on the papers'. This is a standard Gladstones ploy. You object to it to the court as the case is far from 'straightforward' (as G's insinuate) and you wish to question the company's witness in person (not that one will turn up - just their gun-for-hire solicitor).

    I'm not the court expert here, but I understand that you can download the DQ from MCOL.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 11th Jul 17, 5:56 PM
    • 48,761 Posts
    • 62,270 Thanks
    Coupon-mad
    I would phone the court at CCBC and ask if they have forgotten to send you a DQ. Be ready for them to be very busy, read this, they are fed up with these scam parking cases:

    http://forums.moneysavingexpert.com/showthread.php?t=5677956

    HTH
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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