Parking charge Notice, CCJ

Rock_007

Last year wI was renting a flat and the flat has got parking space located to the flat. When I signed the tenancy agreement there was no company managing the parking spaces (other than a maintenance agency looking after the communal space. In fact I had to call this agency a couple of times as I was finding estrange cars parked in my space which was really annoying and they confirmed that the car park is not their responsibility).
After 1year and half since I moved there, one of the private parking management company fitted signs in the parking space and sent me 2x parking permits and a letter stating that they will start enforcing parking charges if we don't display the permit in the windscreen ,properly visible, Another 6 weeks later I found a parking charge in my windscreen as the permit slipped halfway under the front screen( though you can see the name of the parking company clear). Within 24 hours I made an appeal explaining and sharing documents in order to prove that I was a resident on one of the flats and asked them to cancel the charge. Their reply was asking for the money as we supposedly breach the term of contract by parking there and without showing the valid permit(reason: cannot ascertain validity). This was about 10 months ago.
I told them in my appeal that i am the residence(tenant) of the property and my car is registered to this property but they rejected this and asked me to pay the money.
Later i had exchanged couple of letter with their solicitors/dept collector company and in the end they took me to court (court date is fast approaching now!!)
there are few points i would like to get some advice and is there any better way it can be contested.
1) we sent a copy of the tenancy agreement(ASTA) to the court and their solicitor and in the contract it doesn't say that we have to display the permit but the agreement does mention that we can not park motorcycle ,bikes or similar etc inside the flat but these can only be parked in the front garden( front garden has a bit of green space and a huge parking with spaces for 30 cars ,given or taken, same number as the numbers of the flats plus some extra for visitors).
In their defence they send us the contract between the "car park management company" and the "flat management/maintenance company" but they haven't provided any evidence that the flat management company has got any contract with the landowner.(I only got these copy of contract recently , which I founding really annoying as I phoned the maintenance agency more than once and they said that this has nothing to do with and they ADVICE ME TO PAY THE CHARGE. Now makes sense why as the agreement was in between this to agency: flat maintenance and parking management!!! Not even today I'm convince that the landowner is aware/approved of this.

3) in their defence also stated that I didn't provide any evidence that I have the right to park there (I did however sent them the car V5 which clearly showed that I was living in one of the flats at that time); I am also thinking that the fact they sent me parking permits (without me having to ask or pay for it) proves that I had the right to park.
It was only that particular day that I have been fined for parking in my own space, I still parked my car there for another 6 months afterwards with the permit properly displayed - never got another charge.

Do they have any chance of winning the case? has anyone experienced something similar?

Any advice is more than welcomed.

Many Thanks.

peter_the_piper

Just to clarify, has the case gone to the court and you did not pay what the court instructed or is it just the parking company threatening you with one?

Rock_007

The case is now in court and the hearing date is approaching soon.

peter_the_piper

There will be a lot along soon who will point you in the correct direction, pity you contacted and confirmed you were the driver as it narrows down the options.
Name the parking company.
Check to see EXACTLY what your lease says about parking, if necessary go to the lessee to see what their lease says. (lease terms are more important than parking company terms.)

The_Deep

I am not sure that they can stop you from having a push bike in your flat, can to please let us have the exact word of you AST re parking.


There is a lot of stuff re residential parking which you should read on The parking Prankster blog.

Rock_007

The company that we are dealing with is parking and property Manag... ltd

Rock_007

I have read the ASTA again and found these two points in it thats looks pointing towards parking.

1) not keeping any vehical without a valid road fund licence, commercial vehical boat, caravan, trailers, hut or shed on the property.
2) not keep motorcycles, cycles or other similar machinery inside the property except in the front garden of the house.

Fruitcake

Rock_007 wrote: »

The company that we are dealing with is parking and property Manag... ltd

IPC members.

Have you had a look at the link in the NEWBIES thread from Bargepole about the guide to the court process he has written?

Fruitcake

Rock_007 wrote: »

I have read the ASTA again and found these two points in it thats looks pointing towards parking.

1) not keeping any vehical without a valid road fund licence, commercial vehical boat, caravan, trailers, hut or shed on the property.
2) not keep motorcycles, cycles or other similar machinery inside the property except in the front garden of the house.

So no mention of parking, parking permits, or anything to do with a parking company.

Rock_007

Not yet but i will have a look.

Rock_007

Noithing, i can not find another else other than the above two points in our contract that is related to parking and infact the parking company came after we moved into the flat and after atleast a year i saw the sign board.....