Help. Fined in my own car park space!

Pennywise_guy

Good time of day everyone,

I have been reading this forum for quite a while and managed to successfully appeal two unfair tickets thanks to great advice provided. :beer:

Unfortunately, my current situation is quite specific and I could not find a solution that could help me so far.

What happened:
In August 2013, one morning, I discovered that I had a ticket for being parked without a permit in MY OWN car park space :mad: in the apartment block underground car park. My permit was applied at top left corner and I believe it was not easily spottable due to windshield tint strip and fact that I was fined at 4 am, which means there was insufficient light. To make things worse, fine of £60 was applied and it went up to £100 in 28 days or so, which in my opinion is way too much. Anyway, I would probably ignore it, however I drive my work car, thus all correspondence goes straight in our accounts department.

What I did:
Because I received ticket in August, right before I was going for away for holidays, I completely forgot about it for a while and appealed late. However I was successful to do so, even being late, before. I provided photographic evidence of the fact that it is my space, that I had permit applied and that since I've reapplied, so it can be easily spotted at any time of day. But my appeal was turned down, because permit was not clearly visible and they've received my appeal after 28 day window (no POPLA code mentioned by the way).
I got really annoyed with their approach and since then I ignored all correspondence from them, where they have been claiming that I owe them £140 for not paying on time. However, today I received a letter from them suggesting to drop the charge down to £110 if I pay now and "avoid court proceedings".

Why I wish to end this and not simply ignore it:
Again, this was a company car and i would like to stop those threatening letters arriving to the accounts department.

My last option:
Send them a letter outlying following points, claiming that they have no chance in court:
- I never got into any contract with them;
- My lease agreement had was no wording about applying any permit;
- My lease means that in fact I appear as a landlord (a suggestion that I read on this forum). No fine can thus can apply as my own actions could not have caused any "damage" to me.

Would really appreciate any help and advice from this forum guru's.

Hot_Bring

Your situation isn't really any different bar the lease question.

Firstly get your accounts department to name you as the driver ( also giving a serviceable address ). The letters will then come to you instead. You will then be able to appeal and get a POPLA code.

The lease conditions, if it ever went to court, are important and no made up rules can overrule a lease. That said POPLA have bottled making a judgement on leases a number of times - I wouldn't expect them to change anytime soon.

Pennywise_guy

So if I suggest to them, that there is no point in the court actions, since I have a lease, you think that would make them possibly drop this ticket?

bod1467

HB ... Penny won't be able to appeal. She already HAS appealed a windscreen ticket, albeit "late" (per the PPC's made-up rules).

Pennywise_guy

So what is your suggestion?

As I said before, I am inclined to send them a letter explaining why I will not pay and why they do not have a case to pursue in court. What do you think about such option?

bod1467

Simply reply to them (PPC and debt collector?) denying their claim, that it is without warrant as no loss has been made. If they don't cancel the PCN(s) you'll see them in court, and will be claiming for your time and reasonable expenses in defending any action.

Remind them that they ALREADY KNOW who was the driver in respect of the PCN(s), and pursuing the registered keeper is harassment.

As HB said, get the company to WRITE to them naming/addressing you as the driver. This discharges any liability they may have had under POFA2012 and will (should) stop them contacting the company. (Not that the company had any liability, since the PPC already knew who was the driver - POFA provides a means to pursue a keeper where the driver is unknown).

The_Slithy_Tove

Or sue them - for trespass:
http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass-

spacey2012

If you hold lease to this space, it has no mention of parking permits then who gave them permission to conduct business and commerce on your land ?
As leaseholder, you are principle in any contract.

I would invoice them for using your leasehold property to conduct commerce without authority of the leaseholder.

As for the stupid ticket, get your company to inform them you were the driver.
I would be begging they try and take you to court, the counter claim is a dead cert .
How dare they run a business on your leasehold .