We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Parking space issue
Comments
-
i think the landlord planned this all the way along. They ignored the request for the price thinking you would still just park there using your bike fob, and then hit you for a bill at the end.
I would tell them to sod off, but be prepared to put together a good statement for court just in case.0 -
This post is a bit confusing.
Is your landlord different to the management company / company that owns the building? If not, I don't really see how/why the landlord could
profit from all of this.
However if the landlord has been charged by the management company and is just passing on the cost, its a bit different.
Either way I think the landlord would struggle to win a court case if the landlord has no evidence that you agreed to pay a particular charge. The only argument could be that you were somehow in breach of the landlord's lease and this resulted in the landlord incurring additional cost.0 -
Landlord and management are the same people.
The people I am liaising with are basically the building maintenance/office team.
Here's a copy of the 'agreement' (I've not seen this nor is it signed, has the wrong number plate on it and doesn't have my full name).0 -
I don’t know the legal ins and outs but all I would say is that my common sense tells me that you dishonestly tried to steal free parking from a company you knew would charge you to use it if they had been told. I can’t see you being able to defend that if they take it to court. But I could be wrong. it does sound like you have been deliberately dishonest though.0
-
Landlord and management are the same people.
The people I am liaising with are basically the building maintenance/office team.
Here's a copy of the 'agreement' (I've not seen this nor is it signed, has the wrong number plate on it and doesn't have my full name).
Personally I would simply advise them you are not going to pay and that if they wish they may pursue the matter further via small claims whilst pointing out:
https://www.legislation.gov.uk/ukpga/2015/15/section/51/enacted
Reasonable price to be paid for a service
(1)This section applies to a contract to supply a service if—
(a)the consumer has not paid a price or other consideration for the service,
(b)the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed, and
(c)anything that is to be treated under section 50 as included in the contract does not fix a price or other consideration either.
(2)In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.
(3)What is a reasonable price is a question of fact.
considering the above and having sought advice you are of the opinion that a judge would deem on the balance of probability that a charge for parking at a property of which you are a tenant is unusual and therefor what is generally reasonable is zero unless otherwise expressed which it never was.
Loads of places send bills and hope people just pay but they need to send you a letter before action and then file through small claims at which point I believe you'll receive court papers.
If you get court papers they are serious, until that point they can ask all they want but there isn't anything they can do.
I of course can't guarantee you would win in small claims but there are other sites out there for more detailed advice if it gets that far.
Your other two options are pay or offer a reduced figure to see if they accept.In the game of chess you can never let your adversary see your pieces0 -
I don't know the ins and outs of this, but I do know a basic tent of English Law is "consideration before the fact" in that you should be given any charges before a contract is entered into.
If A comes along B struggling in the water and rescues him he cannot then turn around and say "that will be £100 please", but he can say to him "it will cost you £100 for me to rescue you" before he does so and expect payment.What is this life if, full of care, we have no time to stand and stare0 -
Enterprise_1701C wrote: »I don't know the ins and outs of this, but I do know a basic tent of English Law is "consideration before the fact" in that you should be given any charges before a contract is entered into.
If A comes along B struggling in the water and rescues him he cannot then turn around and say "that will be £100 please", but he can say to him "it will cost you £100 for me to rescue you" before he does so and expect payment.
But as per the post above - consumer law is that a person should pay a reasonable price for a reasonable service.
But the question in this case is the reasonable price zero?
OP - did you have a specific spot and was it always available
If you didn't have an allocated spot - then I would argue that you weren't paying for parking space rental, you were instead using available spaces in the car park.
If the spot was allocated to you via some sort of arrangement (even if verbal) then it could be argued that is reasonable to pay
I would tell the landlord - no agreement to pay, therefore not paying and if he pursues you in court it will come down to what a judge considered reasonable.0 -
There's no signage. Just a remote control style buzzer to get in and out. I had one from when I had my motorbike parked in there and got a second for my girlfriend but again didn't sign anything and didn't pay for the second buzzer (i paid a deposit for the first).
How did you request and get the 1st fob? (Details please)
How did you request and get the 2nd fob? (Details please)0 -
I don’t know the legal ins and outs but all I would say is that my common sense tells me that you dishonestly tried to steal free parking from a company you knew would charge you to use it if they had been told. I can’t see you being able to defend that if they take it to court. But I could be wrong. it does sound like you have been deliberately dishonest though.
On the contrary I believe the Landlord is either the dishonest one here or is just plain incompetent.
Who is supposed to have told the landlord anything?
I would never pay any retrospective bill like this if they came as an unwanted surprise.
I also suspect that not many the chaps advocating payment would actually dig into their own pockets and pony up their own 2 grand if they were in this position0 -
There is no way the OP is responsible for this. I can't believe that so many responses think they are! No key fob was given to the OP by the landlord so no agreement was entered into. The fact that the OP had another key fob for parking their motorbike which they happened to (somewhat sneakily) use to park a car is irrelevant. It'd never hold up in court. Also, the cctv may well be a bluff - don't admit to anything and even if the car is shown, don't admit to being the driver. They may not have the access to the dvla anyway to prove its the OP's car.
They are trying it on. Don't pay and don't respond to any further communication.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.9K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.1K Spending & Discounts
- 244.9K Work, Benefits & Business
- 600.5K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards