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    • ElParque
    • By ElParque 11th Jul 17, 12:51 AM
    • 65Posts
    • 59Thanks
    ElParque
    Own Space Ticket
    • #1
    • 11th Jul 17, 12:51 AM
    Own Space Ticket 11th Jul 17 at 12:51 AM
    I won a case in April in court against Excel but now have more parking ticket trouble to deal with!

    My son got two tickets recently when parking a relative's car overnight in his designated parking space but without displaying the permit he has had since he bought the flat.

    He emailed the TSP Car Park Management Ltd to appeal the first ticket in March and heard nothing back. In his appeal he identified himself as the driver. He hasn't appealed the 2nd ticket yet and is still in time to do so.

    I'm helping him deal with this matter but I'm a bit confused as to what he should do.

    Should he write to appeal the latter ticket to TSP using the IPC template letter or are cases of 'Own Space Tickets' to be treated differently to regular tickets?

    Should he simply write to the MA (once he's established what it says re parking on his lease) and ask that they cancel both tickets and also threaten to claim for trespass or should he deal with each ticket separately?

    Thanks for your help, as ever.
Page 1
    • IamEmanresu
    • By IamEmanresu 11th Jul 17, 4:49 AM
    • 1,576 Posts
    • 2,903 Thanks
    IamEmanresu
    • #2
    • 11th Jul 17, 4:49 AM
    • #2
    • 11th Jul 17, 4:49 AM
    'Own Space Tickets' to be treated differently to regular tickets?
    Yes. All tickets are based on contracts, the terms within them and more importantly when the contracts were formed.

    So if TPS had a contract prior to your son moving in, and there is nothing in the lease/tenancy about parking you can assume TPS to having prior rights. And the opposite could be true.

    So knowing what is in lease is of vital importance.

    Note from another thread that AM Parking are now running the idea that irrespective of leaseholder rights, the acceptance of a permit is an implied contract between the PPC and the permit holder (a new contract in effect) Some judges may buy that (Chappell & Co Ltd v Nestle Co Ltd [1959] )

    So it will all be down to the paperwork which you need to get. Anything verbal has to be on paper too.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
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