UKCMP and Countrywide Parking Residential Parking ticket

ts6789

Hi,

I have read the newbies thread and the posts regarding residential parking tickets, however I'm not sure if it applies in my case and what my best defence would be. I would appreciate some advice!

I received a parking ticket in my residential estate for not displaying a valid parking permit. I had an expired permit on display as per the advice of my housing association who had sent a letter to all tenants advising us to display our expired permits whilst they changed over parking companies. They said they would send details of how to renew in due course. So I followed this advice and parked in my assigned bay with the expired permit on display. However, a few weeks later I received a ticket from Countrywide Parking. I called my HA who said they had sent renewal letters - however I did not (nor did some other tenants) receive these letters. I appealed the ticket however it was rejected and so ignored all the letters that came after.

A few months later I received another ticket for not displaying a parking permit (I had parked in the estate briefly without a permit and it was not in a marked bay - there was a delay in issuing my permit for other reasons). This ticket was issued by UKCPM which was bizarre given it should be the same parking company. I ignored the tickets and the follow up letters.

I recently received a letter from BW Legal services on behalf of Countrywide Parking and Gladstone solicitors on behalf of UKCPM- both threatening court action if I do not pay. I am hoping that they won't take it to court but if they do, I'm wondering what would be my best defence.

My tenancy agreement states the following regarding parking

"You, members of your household and your visitors will:
- only park in marked parking areas
- comply with any parking schemes running at the estate".

Would Johnersh's draft template defence on the authority to park and primacy contract cover my situation? Should I do anything in the meantime or just wait to see if they send court papers?

The_Deep

You can only display a parking permit if the HA send you cannot enter into a contract to park. contract, no breach of contract.

If the HA are a Registered Charity, complain to the Charity Commissioners

https://www.gov.uk/government/organisations/charity-commission.

Also complain to your MP.

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 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.
each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

beamerguy

ts6789 wrote: »

Would Johnersh's draft template defence on the authority to park and primacy contract cover my situation? Should I do anything in the meantime or just wait to see if they send court papers?

you will have to adapt it because the tenancy says:

"You, members of your household and your visitors will:
- only park in marked parking areas
- comply with any parking schemes running at the estate".

ts6789

So does the fact that it says "comply with any parking schemes running at the estate" mean I cannnot use this defence since technically I have not "complied" with the parking scheme by not displaying a valid ticket (first ticket) and for parked outside of a bay (second ticket)?

BW Legal have now sent me an email asking me to contact them about my account. They asked for payment within 16 days however it hasn't been 16 days yet. I will ignore their email but does this mean they are less likely to take it to court?

Coupon-mad

ts6789 wrote: »

So does the fact that it says "comply with any parking schemes running at the estate" mean I cannnot use this defence since technically I have not "complied" with the parking scheme by not displaying a valid ticket (first ticket) and for parked outside of a bay (second ticket)?

It's not great, so I would not use your tenancy agreement in defence.

BW Legal have now sent me an email asking me to contact them about my account. They asked for payment within 16 days however it hasn't been 16 days yet. I will ignore their email but does this mean they are less likely to take it to court?

Nope, that's a template letter. They will take it to court and most people here win.

ts6789

What would be my best defence? I would have gone for the primacy contract defence but I'm not sure I'd have a good argument. I'm worried that I won't have a good defence and I'd be better off just paying the ticket instead of letting it go to court

Guys_Dad

Two defences. Primacy, in this case, is second. First is the letter from the HA and demanding that the PPC produces a copy, addressed to you, of the renewal letter that the HA claims to have sent and you say was not received.

On the second ticket, primacy may be your first point but no point in using that if you have parked in a place that was outside the lease and was declared as "No Parking"

Coupon-mad

ts6789 wrote: »

What would be my best defence? I would have gone for the primacy contract defence but I'm not sure I'd have a good argument. I'm worried that I won't have a good defence and I'd be better off just paying the ticket instead of letting it go to court

We have a 99% win rate and your case(s) are no different. Carry on.

ts6789

I've noticed Lazydaisy's thread about LBCs and wondering if the two letters I have received from Gladstone and BW legal are LBC's? Does an LBC usually explicitly state that it is a letter before county claim/action? If not, I'm wondering if I should have responded to them , although the 14 days is nearly up??

Redx

those LAZYDAISY posts are years out of date, the rules changed a year ago and some of the things she mentioned changed a few years ago I believe


best to read anything SINCE oct2017 in order to be up to date


especially read stuff about LBC PaP , ESPECIALLY BY PEOPLE LIKE LOC123

ts6789

Okay thanks I didn't notice the date!

The letter I received from Gladstone's tells me to contact Debt Recovery Plus Limited to discuss a payment proposal so I'm assuming this one isn't an LBC?

The letter from BW legal says the following "If you fail to make payment or provide reasons for non-payment within the specified timeframe, we will seek you Client's instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules". This one sounds more like an LBC and is addressed to my old address (even though all previous letters have gone to my current address where my car is registered - bizarre!). Is there anything I should do this at stage? Should I acknowledge their letter and follow up email?

I really don't want to have to deal with two court claims but also don't want to pay for parking in my own estate!