Parking Tickets In My Own Home

steve12340

The judge accepted I had spoken to representatives of the parking company who were on foot at the residence (they told me it was fine to park in another space), i lived there for about 8 months and had 5 tickets over a month (must have been one of their employees who was a bit over zealous- the rest of the time they accepted the permit)

System

so I parked in a different space

It's a shame that you did not seek help as it appears odd that UKPC can issue a claim for operating on what is effectively someone else's space - who I am sure did not employ them.

Did you ask for leave to appeal?

steve12340

I asked for leave of appeal but the judge said I would have to make an application to the court

ManxRed

Also, who was the money assigned to?

It can't have been UKPC, they have no standing on the land. They surely paid the landowner the judgement amount? Although I suspect not as they wouldn't have had a contract with the landowner (the owner of the other space). If they trousered the money then something bad's happened.

steve12340

Sorry if I didn't explain myself properly…it is a gated area for a set of flats. The area is controlled by UKPC (with the signage etc). I had a UKPC permit but consistently parked in another space as mine was occupied to the point where I changed the number on the permit to correspond to that space as instructed by UKPC officers.

bod1467

Is this UKPC's first court claim that THEY have brought and actually won? (Since about 2009).

I know they claim to have won lot's of 2015 cases, but I thought these were bogus?

System

as instructed by UKPC officers.

Even odder then as you had promissory estoppel - permission to do as they said. And the judge still found for them. Very poor decision so you either were not able to put that point over or there was an error in law. Get some legal advice. Not here.

ManxRed

Alsao, in the particulars of claim, were they claiming for contractual service, breach of contract terms, or trespass?

From the circumstances you describe I can only ever see this as being Trespass, which is why I asked the question about payment. UKPC would not be able to bring a claim for themselves in respect if trespass, only on behalf of the landowner (and even then that is questionable) and only if the payment was due to the landowner.

If they've tried to claim for contract charge, or breach of contract, then you should have tried to establish why these circumstances don't actually fit that particular claim. This is trespass.

As IamEmanresu says, it might be worth getting some legal advice, but from what I can see, you've potentially been on the end of a very poor judgement here, although we don't really know enough about the full facts, the particulars, or what it says in the judgement itself.

steve12340

Thank you for your comments. I was naive in the sense that I thought 'its my flat, i can't be punished for parking there' but then obviously i got stung.

The judge said the 'law is the law' and seemed to be basing his view on the fact that it was a contract and i agreed to the terms.

Anyway thanks for the help

ManxRed

That's my point, it's not a contract. If I've understood you correctly its for parking your car in someone else's space.

That's trespass. They have a whole other series of hoops to jump through for that.

Contract and 'the law's the law' is a bit of a misnomer too. It depends on if the contract was properly formed, worded, remedy for breaching it, whether it took precedence over your tenancy agreement (it probably wouldn't), and much much more.