Parking space issue

need_an_answer

devi123 wrote: »

A fair point - but as with pepipoo there are often people with legal experience on these forums. Cheers for the help anyway - even if we disagree I do appreciate it.

you could always try on the motoring forum...whilst we deal with housing mainly here they may have a different view seen as the query is parking related.
Sometimes things have a tendency to overlap and whilst people here can give you the view of a tenancy agreement it could be that you need specific parking advice
They are the wizards at getting people off parking fines they may be able to advise..otherwise it probably falls between the 2 boards and you might be better getting suitable legal advice due to the amounts involved which I assume will only escalate if the money remains unpaid

devi123

I was not paying them for the motorbike space. I was paying a tenant at the property for part of their space.

devi123

I did, mentioned in my earlier post.

"please let me know if there are any charges"

No response received.

need_an_answer

Sachs wrote: »

Can you imagine saying that to a judge? "I assumed he knew it would be £50 a day your honour"

English contract law does not work like that. Only the state and the railways can fine people.

this is one of those threads where the story is dripping through as it goes on...even when I read the first post I thought the OP was possibly correct...but its only 2 pages in and the story is slowly being revealed.

eddddy

devi123 wrote: »

What would you advise as next steps?

One approach is to do nothing at this stage, and see if they take things further - i.e. they make a court claim.

Another approach is to write to them saying something like:

"I don't believe that I have entered into a contract to pay for parking. If you believe that I have entered into a contract, please explain why you believe this, and provide evidence that a contract exists.."

But bear in mind that, for example, if you were told that parking in the car park costs £x per month, and then you parked in the car park - that can mean you're accepting the contract terms by your conduct (i.e. your behaviour).


Like in a restaurant, if a waiter says "fish and chips costs £10" or a menu says "fish and chips cost £10" - and you then order fish and chips - you're accepting the contract terms by your conduct and agreeing to pay £10.

devi123

Parked car in space.

Asked about charges.

Received no answer.

2 years later hit with large bill.

It's not tricky and I'd rather not have judgement passed on me, cheers.

need_an_answer

devi123 wrote: »

Parked car in space.

Asked about charges.

Received no answer.

2 years later hit with large bill.

It's not tricky and I'd rather not have judgement passed on me, cheers.

but you did also say you requested a space so surely you did that before you parked your car there.

I know hindsight is great but if you received no answer to your query over charges a polite reminder might have been in order...

Sachs

I'm not passing judgement but you're evading answering questions about the key moment a contract could have been entered in to (imo), which was when you requested a fob.

devi123

Sorry - it wasn't you I was referring to re judgement.

Any request to park would have been done face to face. There's no email sent.

mollycat

OP, I would also regard in the absence of any discussion at the time, or even anytime between then and you moving out, and the lack of any contract (written) that your belief the car parking was free/ incuded in your rent is sensible.

Your LL is taking the proverbial,I would tell them you're not paying.

Can't believe some of the responses to the contrary on this thread, posters on the wind up i think!