Parking with verbal permission from resident

Hello, first post but read considerable amount of newbies threads and unable to find similar case.
My friend was visiting my flat in Norwich, which has one parking space allocated to each flat. As I have a car and another resident in the block of flats does not have a car, we asked permission to park in his space, which was subsequently given.

At the time the ticket was issued (May 2017) I had lived the the flat for 2 years. Approximately 1 year after moving into the flat, NTC private property signs were put up around the car park. At the time, no notice was given to me. There was also no request to register my car to park in my space or be it necessary to display a parking permit.

After parking in the space for one night, a Parking Charge Notice was found on my friend's car. A decision was made to ignore this notice, since permission had been obtained to park in the space and there were no instructions for what to do if parking with permission. Also, NTC had way to determine if a car did or did not have 'authorisation' to park. Possibly a bad decision and we should have also checked this forum for advice at the time!

Letters received; one from NTC 'Parking Charge - Notice to Keeper', one from DCBL 'Notice of Debt Recovery' and two from BW Legal making demand for payment and a 'Letter of Claim'. BW Legal's contravention description is 'Parked in allocated bay without authorisation'.

We have now received a 'Claim Form' from County Court Business Centre (received 25/09/2018) for a total of £245.00, including court fee and legal costs, raised by the claimant Norwich Traffic Control Ltd. and signed by BW Legal Services Ltd. We have 14 days to respond to the claim form.

We intend to dispute the full amount. We would be very grateful for any help/assistance in writing our defence.

Any questions please ask and thank you VERY much for any help you can give us!

Replies

  • edited 30 September 2018 at 12:10PM
    The_DeepThe_Deep Forumite
    16.8K Posts
    ✭✭✭✭✭
    edited 30 September 2018 at 12:10PM
    The amount is excessive, even in the unlikely event that they were successful in court as it is most like to be an attack on your friend's right to "peaceful enjoyment" of his/her property, possibly an offence under Landlord and Tenant Acts, a judge is unlikely to award more than £200. The whole Industry is a scam.

    Read this

    http://parking-prankster.blogspot.com/2016/11/residential-parking.html

    and this

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • QuentinQuentin Forumite
    40.4K Posts
    ✭✭✭✭✭
    Everyone is politely asked to read up on this in the Newbies faq thread near the top of the forum


    Go there now to get an understanding of the court process you are now caught up in


    #2 there covers court claims right through to the hearing


    Take time to study "AOS" which you should do now thereby getting a total of 28 days to submit your defence


    Then read up on defending, search other threads, and construct your defence


    Post it up here for comments before sending it
  • peter_the_piperpeter_the_piper Forumite
    30.1K Posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Get your friend to look at the deeds/lease to see what it says about parking spaces.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Thanks, we've just checked the tenancy agreement and there is nothing regarding parking. Is it necessary to ask the landlord for the lease?
  • The person whom you need on your side is the person whose parking space was used.


    It will be his lease and/or tenancy agreement that will be needed.


    If you cannot get a copy of the lease any other way, you can obtain a copy from the Land Registry by completing form OC2 and paying a modest charge. You cannot obtain a copy of the lease from the Land Registry online.
  • Coupon-madCoupon-mad
    100K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    Pools12345 wrote: »
    Thanks, we've just checked the tenancy agreement and there is nothing regarding parking. Is it necessary to ask the landlord for the lease?

    Same advice as here:

    https://forums.moneysavingexpert.com/showthread.php?p=74856733#post74856733

    Read post #7 and #9 and be careful to read advice from regular long-term posters.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Here is a defence for an 'own space' residential site, by Johnersh who is legally qualified:

    forums.moneysavingexpert.com/showthread.php?p=72977032#post72977032[/url]


    Morning, am the vehicle owner, is this a good template to use for our defence? Or to long and we just need to keep it simple? Struggling on how to start it that’s all.

    Cheers for any help. (Can’t add the link but it’s from the newbies thread. )
  • Coupon-madCoupon-mad
    100K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    Johnersh's residential one, or bargepole's shorter one, is a good base.

    Show us your draft.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Defence to claim no. *number*. The full amount claimed by Norwich Traffic Control Limited (NTC) is disputed. The Renault under registration *reg* was parked at Regency Court Norwich on 13/05/2017, in the parking bay allocated to Apartment 14, with permission from the occupant of Apartment 14. NTC claims that the vehicle was parked in this bay without authorisation, however, this claim is not true given that permission was obtained. The claim is therefore disputed. A letter confirming that permission was granted from the then/current occupant of Apartment 14 is available if required.
  • KeithPKeithP Forumite
    27.7K Posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    That doesn't look much like a Defence I have seen in the NEWBIES thread.

    Perhaps your layout is fooling me.
This discussion has been closed.
Latest News and Guides