UKCPS Ticket for parking in my own residential parking space

bruce02651

I would like a bit of advice about what's likely to happen next and how to prepare for challenging this charge, I own a flat (I let it out to a friend) which has UKCPS policing the underground car park, first thing to note is that when the flats were built there was no permit parking it was a case of every flat is allocated its own personal parking space but as time went on the land owners in conjunction with the management agency brought in this scheme, so every flat has its permit which obviously is supposed to be displayed when parking on this occasion mine had slipped off the dash therefore not visible, I didn't get the yellow sticker on the windscreen just a notice to keeper letter a few days later, I obviously appealed this but since reading some of the posts on this forum I now see that's pretty pointless anyway I now have until 12th December to pay to get the discount otherwise it will be £100, I am definitely going to see through right to the end as I believe my case is fair I have all the relevant documents including the said permit that comes with buying and owning a leasehold property. I would like to know how far this is likely to go and what I need to do or prepare for to make sure I don't make a wrong move, any help would be grately appreciated.

Redx

it could go to your local county court as an MCOL and was what used to be known as the cmall claims court


a typical loss is around £175 and you should pay that IN FULL within one month to avoid a CCJ on your credit record for 6 years


SO IF YOU LOSE , PAY UP, PROMPTLY

bruce02651

Redx wrote: »

it could go to your local county court as an MCOL and was what used to be known as the cmall claims court


a typical loss is around £175 and you should pay that IN FULL within one month to avoid a CCJ on your credit record for 6 years


SO IF YOU LOSE , PAY UP, PROMPTLY

Is it likely to go to local county court hearing as I've read quite a few cases very similar to mine on this forum where the defendant has won does the claimant not think why bother if we're more than likely going to lose again as it will cost them money to have it go to a court hearing?

KeithP

bruce02651 wrote: »

Is it likely to go to local county court hearing as I've read quite a few cases very similar to mine on this forum where the defendant has won does the claimant not think why bother if we're more than likely going to lose again as it will cost them money to have it go to a court hearing?

A significant proportion of these Parking Charges are paid.

Firstly, some of those that receive a PCN through the post will admit fault and pay up.

Threatening debt collectors letters will persuade some more to pay later in the process.

Receiving a County Court Claim Form will frighten some more into paying.

Some more victims will pay when they see the verbose Witness Statement supplied to the court by the Claimant.

The few that are left to actually go to court will either be poorly defended, therefore the Claimant wins, or are well defended and the Defendant wins. When the Defendant wins in this way it will be seen a a loss leader by the PPC.

The number that get to court compared to the volume of tickets issued, is minuscule.

bruce02651

Is this a case I would likely win? My only fault was not having my permit visible at the time due to the fact it had fallen off the dashboard. To take this all the way do I need legal assistance/representation?

NeilCr

What does your lease say about parking? Is the allocated space defined in there?

See if you can get the MA/landowner to cancel the ticket. They may if you explain the circumstances.

Coupon-mad

bruce02651 wrote: »

Is this a case I would likely win?
Yes.

My only fault was not having my permit visible at the time due to the fact it had fallen off the dashboard. To take this all the way do I need legal assistance/representation?

No. Do NOT try any solicitor or any 'company' whatsoever. Stay here, we have around a 99% win rate in reported outcomes by people who have been fully forum assisted and prepared and sought assistance at all stages right up to their hearing preparation.

The_Deep

Please read this first to get an idea of your rights.

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

Nearly all of these "own space" cases we come here are discontinued by the PPC, or won at PoPLA or in court.

In some cases the PPC goes too far and gets a bloody nose.

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

What does your lease/AST say about displaying a permit in your car?

If it does not mention it your lease probably give you Primacy of Contract, so you do not need the permission of the scammer to park.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.


r?

bruce02651

Thanks, I will try the management agency first see if they can get the ticket cancelled

bruce02651

I’ve not fully read the whole lease agreement yet but it won’t say anything specific about parking permits because for the first few years I lived there it wasn’t a permit controlled car park

The_Deep

If there is no mention of permits, you have been given an unrestricted right to park, and your lease grants you peaceful enjoyment of your property, the PPC are on a very sticky wicket.