Help fighting a parking charge

Dogz111

Hi All,


I'm after a bit of help fighting a parking charge. Brief details are below:


a) I own a flat in Chester which I rent out. Parking permits are required for both visitors and owners / tenants to park
b) Previous tenants vacated taking permits with them
c) I requested new permits from VCS. The time taken for the new permits to be issued meant that I could not pass to the painter in time
d) Painter came to paint and didn't have a permit and got ticketed
e) I spoke to the painter and said I'd sort on his behalf
f) I contacted VCS stating that charge is unfair for a variety of reasons but mainly that permits weren't issued in a timely fashion. I provided emails to this effect including responses from VCS permits department
g) VCS responded, not answering my questions but asking who owned the car
h) They wrote to person who owns the car detailing the penalty applies to them (this is GF of the painter)
I) Painter has been back in touch saying that they are taking him to court for £160 - he has obviously been back in touch with me


They obviously haven't recognised any mitigation I put forward and are pushing for the £160 else its court and costs. I've penned the following response:

---

Hi Aimee,


I am xxx and I own the flat (xxx) where xxx parked and was unfairly charged whilst he was carrying out works for myself.


I have attached a letter which I sent to VCS on 23/07/2016 in mitigation for the parking charge. VCS never responded to this letter, however they sent another letter asking me for xxx's details, which I never gave as there was no legal requirement for me to do so.


The key point is that xxx was unfairly ticketed as VCS did not issue permits in time so that he could display one, despite numerous requests on my part to obtain one. Furthermore, my new tenants in the property will also corroborate how difficult it is to obtain permits - the last set took 5 or 6 emails and constant phone calls before they were issued - I feel confident that a court would look in my favour given these two points.


Whilst I note you quote ParkingEye vs Beavis in response in your letter dated 27/10/2016 - I feel the above justification will get the case closed. I would also challenge your penalty as I feel it infringes the Unfair Terms in Consumer Contracts Act 1999, which this case does not test.


Also, you state that the time to send an appeal to the Appeals Service has passed - this is incorrect as they will consider extenuating circumstances, which I intend to pursue - I therefore demand that you hold any court proceedings until such time as this appeal is heard. In my letter of 23/07/2016 I also ask for details of the parking regulator to hear my case which VCS chose to ignore.


Finally - can you please direct any further correspondence to myself as I accept any liability which is forthcoming on this action. My details are as follows:


xxxx
xxxx


I look forward to hearing back from you in the next 7 days confirming that no debt is owing.


Many thanks


xxxx


Any help appreciate before I send e-mail on best course of action.


I also have one final question - They are obviously trying to claim that a contract was broken (no permit) so £100 payable. I thought in contract law that there needed to be a consideration for the contract to be formed. Is parking a car consideration or is this just a case of trespass (or not as the case may be?)


Thanks


Dave

pappa_golf

how long have you owned the flat? when did VCS start patroling?

Dogz111

I've owned the flat c13 years


No idea when they first started patrolling - I have had no written to inform me that they were so I could have fell foul myself


I am going to speak to the management company tomorrow to try to bring some influence to see if they can sort something

pappa_golf

read: http://forums.pepipoo.com/index.php?showtopic=109688

your lease trumps thier stupid signs

Dogz111

Thanks for this

I'm going to speak to the management company on the lease and provision for parking. I've read the letter and will amend with relevant details and forward on to VCS. The debt Collection idiots are DPR (Debt Recovery Plus)

I'm happy to push through and make a complaint and demand money. What's good for the goose .... 😉

pappa_golf

see this , a recent case , understand the problems and act http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

Dogz111

Interesting - I assume that nothing changes if the painter parked in a visitor space?

I'm summising the lease needs to state that !!!! Turpin is patrolling the carpark and if they aren't then they have no legal claim

Really appreciate your help on this!

pappa_golf

if the management company hired them , contact them and get them to cancel it ,

just as a point of intrest can you get a photo of any signs , the sign might be forbidding , and in fact state for permit holders , well you WERE a permit holder , VCS had failed to post them in a timly manner.

save all emails , because a judge will laugh at VCS

Coupon-mad

Painter came to paint and didn't have a permit and got ticketed

- I spoke to the painter and said I'd sort on his behalf

You can't.

They wrote to person who owns the car detailing the penalty applies to them (this is GF of the painter)

Painter has been back in touch saying that they are taking him to court for £160 - he has obviously been back in touch with me

The registered keeper (gf of the painter) needs to come here and we will help her to win this. DO NOT TELL VCS WHO WAS DRIVING. Unless she already has gone and done that (not good, she was better placed to defend this).

You can't handle this.

The painter can't handle this unless they are taking HIM to court - how come? Surely it's her?

Has the gf got an actual claim form? Or has the painter got it in his name as named driver?

What do the particulars of claim say?

As you feel responsible you can be the go-between to actually write his/her response/defence but this is his/her claim to defend and he/she can't ignore it and should NOT pay it either. It must be defended by the person named on the claim form - who is that? Him or her?

Offer to help him/her - but send him/her here or get hold of all paperwork and tell him/her to pass everything to you immediately. The named Defendant is the one who needs help here and please, please make sure she knows not to name the driver...unless she already has.