Leaseholder parking fine

Fuming_Parker

Eek. I've looked back through my appeal text and I did write:

"Had I known this was not allowed I would never have parked in the spot until I had the permit."

Not sure why I said... I definitely wasn't the driver. Hopefully the drop down boxes where I selected that I wasn't responsible for the vehicle, or the driver, are so definitive that they will override that.

If that doesn't matter then what's the next step? Do I have a legal requirement or responsibility to name the driver?

Coupon-mad

So you MUST retract that now in your response. NOW, in writing. You need to set straight who you are and suggest they take the matter up with the keeper or driver if they think they have a case.

Do I have a legal requirement or responsibility to name the driver?

No of course not.

Fuming_Parker

and I should write that to Gladstones?

Sorry to spoil the popcorn moment.

Coupon-mad

Yes you must do that, so you can show it in court to prove they knew you could not be liable. Keep proof of emailing/posting it (I would send it by email and letter post).

System

Yes you must do that, so you can show it in court to prove they knew you could not be liable.

+1

Give them 7 days to drop the case (Notice of Discontinuance) or you will be sending your own claim against them for proceeding and not checking their own information on the matter.

There is a duty on companies in the course of business to use "reasonable skill". Clearly if they fail to use these skills, check their facts, and cause a loss/damage, you have a cause of action. Try both PPM and the Managing Agents as the MA should use the same skills in selecting their enforcement agents.

Under s13 SGSA 1982, in a contract for the supply of a service where the supplier is acting in a course of business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

Loadsofchildren123

Once you've done that we can get the popcorn back out!

Loadsofchildren123

If you're asked, you just say that you live there to so you were thinking of yourself not having had a permit as well as the other person, and you rather absent-mindedly put that sentence in the first person.

Loadsofchildren123

OK. So read the Practice Direction which is supposed to apply to the pre-action phase of proceedings
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct


Reply to it pointing out that their LBC doesn't comply with their client's obligations in para 6(a) and (c), and say that you would like to enter into a constructive dialogue, try to settle the matter or at least narrow the issues - all of which the Practice Direction is designed to achieve - and you would like to be able to comply with your own obligations. So please can they provide you with the following information

Then you say under the heading "My case" I am not the registered keeper, nor the legal owner, of car registration xxxx. I was not driving the car on the day - I have never driven the vehicle and am not insured to drive it. I am aware who was driving it, but as you know I am not obliged to disclose this to your client. On this basis, I can therefore have no liability to pay the parking charge. Perhaps more importantly, I own the leasehold to flat x, where I reside. My leasehold title includes the parking space numbered x. I therefore own that parking space. My ownership of it, and rights to use it pursuant to my leasehold title (whether I am using it personally or whether it is being used by a third party with my permission) are not fettered by any obligations or restrictions, nor can they be. Any contract which the managing agents have entered into with your client does not change this - it cannot limit or alter the rights which I already have, nor with the terms of my ownership of the space, and it cannot impose upon me new obligations concerning my ownership, occupation or use of it (such as an obligation to display a permit and pay a charge for any failure to do so). As such, your client has no authority to enter onto my parking space. By doing so it has committed a trespass. Your client cannot rely on its agreement with the property's managing agents as granting it such authority, because the managing agents have no rights to enter onto the space. Furthermore, by issuing my vehicle with a pcn and obtaining my details from the DVLA, and "processing" and retaining such data, your client is breaching my rights and its obligations under the Data Protection Act. I put you on notice that should your client issue proceedings, my intention is to defend on the basis of the points set out above, and to make a counterclaim for damages for trespass and a breach of the DPA. I will seek a permanent injunction preventing any of your client's agents or employees from committing any further acts of trespass. Please inform your client that it must not enter onto my parking space again, nor must it issue any further pcns on any vehicle parked in that space. According to paragraph 6(b) and (c) of the Practice Direction, I enclose a copy of my lease which is irrefutable evidence of the above. I will rely on the case of

Saeed v Plustrade Limited [2001] EWCA Civ 2011 as well as the unreported but well known cases Jopson v Homeguard (2016) and Pace v Mr N (2016)

Since your client has absolutely no cause of action against me, I ask that you cease writing to me and that your client ceases to process my data immediately.

Yours faithfully etc.

Fuming_Parker

Update:

The management company eventually got the parking company to cancel the fines (or they paid the parking company - not sure which!).

Thanks for all the help and guidance.

Umkomaas

Thanks for update, so many don't bother!

What's happening now with the PPC - are you still vulnerable to further tickets or has the MC done something sensible to protect residents from this scourge which must threaten the 'peaceful enjoyment' of their properties on a daily basis?