Getting a parking ticket for parking in my own parking space!

baz6369

I live in a leasehold residential development with shared car parks; each property having its own allocated parking space. The estate’s management company employed TSP Car Park Management Ltd to patrol the car park. Almost a year ago, TSP issued me with £100 Parking Charge Notice (PCN) for breaching ‘Terms and Conditions’ of using the car park by not displaying a parking permit in my car whilst parked in my own parking space.
I wrote to TSP stating that my vehicle was parked on my own parking space and I possess a parking permit (a copy of the permit was attached to my correspondence). I also stated that the PCN was unfairly issued and I will not be paying the charges.
Unsuccessful in recovering the parking charge, TSP then passed on the unpaid PCN to the debt collectors PCN Admin Centre and subsequently to Wright Hassall Solicitors. Despite the threating nature of the letters, including court actions, I ignored all the correspondences I received from both the debt collectors and Wright Hassall. Almost six months after being issued with the PCN, I received a County Court claim for around £200 which included the parking charge plus additional costs. I disputed all the claim and filed a defence accordingly. The core argument of my defence was that my car was parked on my own parking space for which I hold a car parking lease, and that no clause in the lease mentions the requirements for me to display a parking permit. The defence also made reference to a clause in the lease which states I have the right to enjoy the car parking space without any interruption or disturbance by anyone acting on behalf of the landlord or the estate’s management company.
Wright Hassall decided to proceed with the court hearing. Meanwhile, they continued sending me threating letters warning me of the impending hearing costs and the consequences of receiving a county court judgement, in the hope I will be settling out of court. For me; however, this wasn’t just about money- it was about right and wrong and presented me with an opportunity to challenge a greedy car park operator and its legal representative in the court.
On the day of the court hearing, a solicitor from Wright Hassall represented TSP. To my delight, the judge, supported my key argument that no clauses in the lease (a copy of which was sent to the court as part of my supporting documents) make reference to the requirements for me to display a parking permit. He also pointed out to my right to enjoy my own parking space as was clearly set out in my lease contract. Despite the solicitor’s best efforts to pull out clauses in the lease document which he thought would work to his favour, the judge wouldn’t have it. The case was dismissed and I was also awarded for the loss of earnings to attend the court hearing plus travelling expenses. A delightful day!

Redx

well done m8

chalk one up for the good guys and its amazing these idiots cannot see that common sense could and should prevail , so well done to that judge

its also amazing that the idiots at the BPA have apointed WH to sort out the old POPLA cases, talk about a conflict of interest !!

Half_way

Congratulations, and well done, your obviously on top of things.
hopefully this will encourage others who are in a "own space" situation

You should now be looking at the management company who took this shower on and aiming firmly at them.
As for clauses etc, they may be on about the so called catch all, usually this references something about taking reasonable action to ensure smooth running and so on, a private parking company is anything but reasonable.

peter_the_piper

There is a sticky https://forums.moneysavingexpert.com/discussion/comment/70112355#Comment_70112355 for drivers who have beaten the enemy. It would be good to put this on there for posterity.

Guys_Dad

Also casts further doubts on WH ability to deal with stayed POPLA cases.

Would you contact the PARKING PRANKSTER with details of your case such as which court and judge as well as date and name. There is an active campaign to challenge WH as suitable adjudicators.

Should they adjudicate in favour of PPC in stayed POPLAR cases in similar circumstances after having been trounced in court then that would get, how shall we say, interesting.

BiscuitMuncher

Congratulations baz6369

Redx

so yet another IPC t*sser of a company getting bad advice even if it was WH and not Gl*dstones this time, its still overseen by the red cattle rustlers

TSP Car Park Management Ltd

22/08/2013
www.tsp-cpm.com

catfunt

peter_the_piper wrote: »

There is a sticky https://forums.moneysavingexpert.com/discussion/comment/70112355#Comment_70112355 for drivers who have beaten the enemy. It would be good to put this on there for posterity.

That is for sucessful POPLA appeals.

Perhaps we should have one to list successful court cases, as that would likely be very useful for those facing a court claim in the future?

ManxRed

Are you willing to post up the case reference number? It will assist any others in the same position (and we get quite a few of these on here) as they can use it in their defence.

beamerguy

Guys_Dad wrote: »

Also casts further doubts on WH ability to deal with stayed POPLAR cases.

Would you contact the PARKING PRANKSTER with details of your case such as which court and judge as well as date and name. There is an active campaign to challenge WH as suitable adjudicators.

Should they adjudicate in favour of PPC in stayed POPLAR cases in similar circumstances after having been trounced in court then that would get, how shall we say, interesting.

Dad, agreed, baz6369 should send his story to the prankster.

(Text removed by MSE Forum Team)