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Parking space issue
Comments
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Arthritic_Toe wrote: »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.
You can ask for details of another vehicle's registered keeper. You'll need a 'reasonable cause', for example:
finding out who was responsible for an accident
tracing the registered keeper of an abandoned vehicle
tracing the registered keeper of a vehicle parked on private land
giving out parking tickets
giving out trespass charge notices
tracing people responsible for driving off without paying for goods and services
tracing people suspected of insurance fraud
Private car parking management companies that give out parking tickets or trespass charge notices can only request information from DVLA if they're members of the British Parking Association or the International Parking Community.in S 38 T 2 F 50
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I did, mentioned in my earlier post.
"please let me know if there are any charges"
No response received.
What are you going to do if/when they send you a copy of an email they sent you at the time listing the charges? (Which, for example, may have ended up in your spam/junk folder without you realising.)
I don't think this is as clear cut as some others think. You requested a service, took possession of the key fob and crucially made use of the service which they can prove (via CCTV.) My view is that you had a responsibility to check you were happy with the charges before using the service.
If this goes to court, from what you have said so far, I think a magistrate will not believe that you thought car parking was free, especially when you were already paying to park your motorbike. In your shoes, I'd be minded to see if "without prejudice" they'll entertain a lower fee as a compromise.Every generation blames the one before...
Mike + The Mechanics - The Living Years0 -
MobileSaver wrote: »What are you going to do if/when they send you a copy of an email they sent you at the time listing the charges? (Which, for example, may have ended up in your spam/junk folder without you realising.)
I don't think this is as clear cut as some others think. You requested a service, took possession of the key fob and crucially made use of the service which they can prove (via CCTV.) My view is that you had a responsibility to check you were happy with the charges before using the service.
If this goes to court, from what you have said so far, I think a magistrate will not believe that you thought car parking was free, especially when you were already paying to park your motorbike. In your shoes, I'd be minded to see if "without prejudice" they'll entertain a lower fee as a compromise.
"Your view" amounts to diddly squat in English Contract law as has been pointed out numerous times throughout this thread.
Please ensure you have fully researched and understood the basics of contract law before posting replies to the board.
The charge is unenforcable period. The particulars of the contract including said "charge" were not, have not, been fully realised prior to it becoming binding, verbal, implied or otherwise. It does not matter what i, you, or the magistrate thinks the OP knew, only can it be proved conclusively under contract law. The answer with the infomation provided thus, is a definate NO!0 -
This isn’t legally enforceable. No contract for parking was entered into0
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only can it be proved conclusively under contract law.
Always happy to be educated by someone more knowledgeable than myself, can you provide a link to an official source showing this would have to be "proved conclusively" rather than the normal "balance of probabilities?"Every generation blames the one before...
Mike + The Mechanics - The Living Years0 -
Small update:
They are releasing my full deposit as I informed them that both the parking and another thing they were trying to charge fall outside the scope of the contract. They have indicated they will take the other charges up with the independent adjudicator for the Tenancy Deposit Scheme - suspect this will at that point come down to a he said/she said given the lack of any contractual or email evidence that costs were shared and agreed.0 -
How did you request and get the 1st fob? (Details please)
How did you request and get the 2nd fob? (Details please)
The fobs are for general building access. They have to add something at their end to allow garage access. My fob was amended via a request in person (for motorbike access). Partner's was via email.0 -
MobileSaver wrote: »What are you going to do if/when they send you a copy of an email they sent you at the time listing the charges? (Which, for example, may have ended up in your spam/junk folder without you realising.)
Are you talking about the email that they have so far been unable to produce?
I find that worrying about something that has not happened a waste of time.
Be totally honest with me
Would you pony up £2k under these circumstances
Would you pony up £4K if they asked for that
etc0 -
your belief the car parking was free/ incuded in your rent is sensible.the_lunatic_is_in_my_head wrote: »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
I think you have both missed some of the OP's responses!
The OP knew (and the LL knows) that he was already having to pay extra for a space for his motorbike so there is no way on earth any Court would believe he thought parking was included for free with his rent.Every generation blames the one before...
Mike + The Mechanics - The Living Years0 -
Jumblebumble wrote: »Be totally honest with me
Would you pony up £2k under these circumstances
Yes I would try to agree a compromise with the LL under what I believe are the circumstances here.
Reading between the lines of all the OP's responses I think he knew full well there was a parking charge and that he thought he'd got away with it because they forgot to bill him sooner.- The OP specifically requested a parking space for his car.
- The OP claims he didn't see any email showing the charges.
- The OP "cannot remember" what he was told face to face regarding parking but clearly mistakenly believes because it was verbal and not on paper it wouldn't be valid anyway.
- The OP requested a parking space, claims not to have had a reply but then, crucially, started parking his car there anyway...
- The OP wants to "word my response carefully so it doesn't bite me in the ar*e."
Every generation blames the one before...
Mike + The Mechanics - The Living Years0
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