county court claim for parking fine on my own land

jackshelac

Hello,
I had a parking ticket 4 years ago for parking in my own privately owned space! The permit had dislodged and was not displayed correctly. I appealed to Popla and lost the appeal. I have an appointment with a solicitor tomorrow. Would it be possible to make a counter claim for harassment? Having endured 4 years of badgering from Premier Park and more recently bwlegal.

Le_Kirk

Surely that is a question for the solicitor tomorrow!

nosferatu1001

Yes, but bear in mind you wont get ANY of your solicitor costs back

If its your space, get your lease out and prove what rights you have to yourself. Thats the first step.

You have accepted teh need for a permit it seems, but I bet - if you havea lease - there is no actualy need to display one, and as youre the landholder they dont have YOUR permission to be there id bet!

Redx

If it is your land, they may be trespassing, so Google

Ukpc versus Davey success

Check your lease etc , as primacy of contract may prevail

jackshelac

Sorry for the late reply to the replies.
The solicitor was free compliments of the Union but not much help. However, I have now sent in my defence after several failed online attempts, and the court has confirmed this. Included in the defence was the fact that were at least two cars who parked in our car park with Premier Park 'All SITE' permits! There is no visitor parking and all the spaces (24) are owned by the Flat owners with the corresponding number i.e. flat one parks in bay one etc,. I live in the centre of Bristol BS1 and to park all day would cost about £30 one of the cars parked here for at least six months most weekdays and never received a ticket. One can only assume that Premier Park were renting out the spaces although I've no proof of this.
I received another threatening letter from BWlegal today implying that I had not responded and would receive a CCJ. I've just been looking at some reviews for BWlegal and most are damning in the extreme, how on earth can these companies carry on trading. I will now be contacting my MP.

The_Deep

Have you read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Depending on ehat your lease says. you are in an excellent position to do them some damage. At the very least you can counter claim for trespass, perhaps for a DPA breach, and/or harassment.

They have almost certainly interfered with your leasehold right to peaceful enjoyment of your properety, possibly an offence under the Landlprd and Tenants Acts.

Fruitcake

jackshelac wrote: »

Sorry for the late reply to the replies.
The solicitor was free compliments of the Union but not much help. However, I have now sent in my defence after several failed online attempts, and the court has confirmed this. Included in the defence was the fact that were at least two cars who parked in our car park with Premier Park 'All SITE' permits! There is no visitor parking and all the spaces (24) are owned by the Flat owners with the corresponding number i.e. flat one parks in bay one etc,. I live in the centre of Bristol BS1 and to park all day would cost about £30 one of the cars parked here for at least six months most weekdays and never received a ticket. One can only assume that Premier Park were renting out the spaces although I've no proof of this.
I received another threatening letter from BWlegal today implying that I had not responded and would receive a CCJ. I've just been looking at some reviews for BWlegal and most are damning in the extreme, how on earth can these companies carry on trading. I will now be contacting my MP.

What another motorist did, and what the PPC didn't do about it is irrelevant.

For us to help we need to know what else you put in your defence.

If you own the parking spot, did you put that in your defence, and do you have proof of ownership such as a paid for copy of the Land Registry entry?
Did you quote UKPC vs Davey as advised.

Did you use primacy of contract such as Pace vs Mr N as a defence point?

Did you state the scammers are not the landowners and have no standing to issue charges or commence court proceedings?

Did you include inadequate signage in your defence?

We can't guess what you put in it so you need to tell us.

Did you read the NEWBIES thread and follow the guide to court from post 2?

jackshelac

I finally won my case after 2 sessions. I don't understand how a legal firm and parking company claimed I didn't own the land surely this is contempt of court? They also claimed they did not receive my evidence or witness statement despite paying for Post Office tracking! I included substantial evidence that the parking company was renting out our private spaces and that I had received threatening letters for over 4 years.

I was awarded £8.30p compensation (train fare to court). Quite pitiful when I've spent hundreds of hours worrying about this, I think I must have spent £100 on ink cartridges.That was February and have still not received this!

Apologies again for the late reply and thanks again for your input.

Redx

you should make a county court claim of your own using MCOL, after issuing an LBC first , the biter gets bit back

Coupon-mad

I agree.  Make a claim for a couple of hundred, citing harassment and actual loss caused by their processing of your data without reaonable cause because you owned the private spaces.

A case that won £250 in compensation was Clay v Civil Enforcement Ltd.  A good example and there is a transcript for WS stage.

Half_way

Dont forgeet to go for the management comapny as well, in the days of clamping it was usualy advised to claim against the principal as well, as this ha more chance of success