Should she pay

Hi my daughter has received two tickets for parking in her own private space in a car park below her flat. She was displaying a valid permit although this had faded a little in the sun but was still readable. At the time she was in Australia for three months, she received two tickets one the day she left and one the day after. On her return she contacted the private parking firm Premier Park Ltd but was told she had missed the appeal date. She has now received a solicitors letter threatening court action if she does not pay a charge of £300 within 14 days. She has contacted CURO housing who own the flats and who issued the parking permit but they have said it has nothing to do with them. Any advice?

Replies

  • waamowaamo Forumite
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    There is a thread at the top of the forum that tells Newbies to read it first. In there it tells you what to do about debt collectors (essentially this is a debt collectors letter dressed up to look like it's from a solicitor).

    Take a good read of all the Newbies thread as she may have to respond robustly to a LBA if she gets one.

    As for the question should she pay the answer is only if a court tells her she has to. That is unlikely (but I must warn not impossible) to happen.
  • DoaMDoaM Forumite
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    NEWBIES sticky thread. Check it.

    NO ... nobody should pay these scammers, especially as it is an "own space" ticket. Tell her to check her lease/tenancy agreement for any provisions relating to parking - they probably don't mention needing a permit or the fact that a 3rd party company can impose charges. Her lease entitles her to quiet enjoyment of her property.

    Search this forum for "own space" ... this same scenario appears here at least once a week.
  • bargepolebargepole Forumite
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    "Should she pay"

    There's a clue in the name of this website.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 55, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • RedxRedx Forumite
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    somebody contracted PP, so somebody can get it cancelled , usually the MA or housing association

    so apart from checking what the lease says about parking and permits etc (or not as it may not mention it), this person should complain LOUDLY to whoever contracted PP and insist the pcn,s are cancelled, otherwise a claim may be made against them

    they cannot just fob people off in this manner , read up on JOPSON etc

    and the NEWBIES sticky thread does explain various aspects of this [email protected]

    these [email protected] were employed to keep people out who should not be there, not to harass the residents (a captive audience)

    only a total fool would pay , unless a judge ordered it , in court
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • edited 31 July 2017 at 4:48PM
    The_DeepThe_Deep Forumite
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    edited 31 July 2017 at 4:48PM
    Absolutely not. If her lease/AST grants her "quiet enjoyment" and makes no mention of needing a permit it could end up with them paying her for interfering with her leasehold rights and/or trespass.

    Read these

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066
    You never know how far you can go until you go too far.
  • Half_wayHalf_way Forumite
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    Check the lease/rental, the question that needs to be asked is:
    Why is she displaying a permit to park in her own space?
    there is probably as much need to display a permit to park in her own space as there is a need for you to have a permit to flush the lavatory after 10:30pm without a permit
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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