Parking Penalty Notice in private car park - Help requested

relatable

So, a few days later. I have emailed the Property Management side of my Letting Agency, they said they are looking into this and will get back to me shortly.

The company that looks after the property itself, gate, security etc have yet to respond.

My local MP has responded, but confirmed that she couldn't do anything right now, due to the General Elections having kicked off, so effectively parliament is closed. She did suggest to contact the Citizen's Advice Bureau, but according to the Newbies Thread it is suggested they do not give proper advice.

Any other steps I could take?

I can confirm that my Lease/AST is correct, it's is under section 2.17 instead, but the wording matches the exact phrasing as mentioned above.

Something else to take note of, there's a security gate and you're only able to get in if you have a code. Previously you were able to dial a digit to get through to the property's intercom / mobile phone, but this has not been working for over a year, so people have been handing out their personal code to anything and anyone (deliveries, etc). That tells you the state of the property management company.

Coupon-mad

To save unnecessary posts, see you in 2020 when you need our advice again:

https://forums.moneysavingexpert.com/discussion/comment/76468739#Comment_76468739

relatable

So an update, just for my own sanity and figured might as well put updates in this thread to be on the safe side.

The response from the letting agency was as follows:

Unfortunately, i am unable to persue the ticket you received. It is permit parking and they will give tickets to any vehicles that are not showing a valid permit in the windscreen.

I did inquire further asking regarding the legality as per my tenancy agreement, but no response so far.

I did hear from the property management company who've said:

I have contacted the parking company to see if it is possible to cancel the ticket. I will update you when I hear back from them.

So, I'm just waiting for them to contact me regarding this.

Today I also received the "FORMAL DEMAND - DO NOT IGNORE THIS NOTICE" letter, which I am guessing is something I will ignore? Although it has an amazing line at the bottom stating that the charge will increase to £149 after 28 days.

KeithP

relatable wrote: »

Today I also received the "FORMAL DEMAND - DO NOT IGNORE THIS NOTICE" letter, which I am guessing is something I will ignore?

I too can only guess at what to do with it.

To help, perhaps you could say who that letter is from and what else it says?

relatable

Yeah, no problem! On the top right it has UKCPM's logo

FORMAL DEMAND
DO NOT IGNORE THIS NOTICE

Dear <Mr.>

Payment for the Parking Charge Notice <number> is overdue.
Please pay the charge of £100.00 now.

We recently issued Parking Charge Notice (PCN) <number) to your vehicle because it was parked in a manner whereby the driver became liable for a parking charge at <location of my address> that we are authorised to manage by our client.
This PCN was issued on the 29th September 2019 at 10:55 and has not been paid. The reason we issued the PCN to the vehicle is as follows: Not Displaying a Valid Permit.

In accordance with the signage that is clearly and prominently displayed on site, those drivers who break the terms and conditions of parking are liable to pay a charge, We have requested your details from DVLA as the registered keeper of the vehicle (through the Reasonable Cause criteria of pursuing an outstanding parking charge).

We, the Creditor, now request this amount is paid using one of the payment methods described overleaf. If you were not the driver of the vehicle, you should notify us (see reverse for details) of the name of the driver and a current address for service for the driver and pass this notice on to the driver.

You are advised that if, after the period of 28 days beginning with the day after that one which this notice is given - the amount of the unpaid parking charge specified in this notice has not been paid in full, we will have the right to recover from the driver so much of that parking charge amount as remains unpaid. The overdue charge will increase to &149.00 in the first instance of further action.

Fruitcake

You can either ignore it and wait for court papers to arrive, or tell them you already have the right to park as per your lease/AST so they are not offering anything that you do not already have.
There is no consideration.
Since a judge will throw this out they might as well cancel now and save themselves some money.

Supp chew what you do.

Meanwhile, keep on at the MA or whoever employed the scammers. Tell them you will be calling them as a witness if it goes to court since they have breached your existing rights to park and your right to quiet enjoyment which are already given by your lease/AST.

Whoever brought them in is responsible for this mess.

The_Deep

It would appear that you hold all the cards here so kick @rse.

relatable

Just to update, a debt collectors letter has arrived.

PLEASE DO NOT IGNORE.
DEMAND FOR OUTSTANDING PAYMENT.

TOTAL PAYMENT DUE: £160.00

Dear Mr Relatable,

Your case has been passed to TRACE Debt Recovery UK Limited because you have an outstanding matter with our cleint; UK Cark Park Management Limited. Our cleint has previously written to you requesting payment for parking charges relating to the above vehicle, however to date the charges have not been settled.

Our cleint is now assessing cases on their merits for enforcement through the county court. Your case is now under review.

If you do not pay the full amount by 19/02/2020 or you have not contacted us to agree a payment option by then, we will be forced to take further recovery action which could include an appointed solicitor being instructed to take your case to court. Should we take this action it will result in;

• Further solicitor charges being added to your balance
• Court costs being added to your balance
• County Court Judgment (CCJ)

We urge you to consider the consequence to you should you chose to ignore this letter. If a County Court Judgment is issued it could seriously affect your ability to obtain credit such as mortgages, credit cards, bank loans, or finance etc in the future. We would of course prefer to resolve this matter without the need to instruct lawyers, but this matter will not simply go away, and you must make payment or contact us immediately.

You can pay online at <Trace Recovery website url> or by phone on <telephone number>. Full details and additional payment options are provided on the back of this letter.

PLEASE DO NOT IGNORE THIS LETTER. IF YOU ARE UNABLE TO PAY THE FULL AMOUNT IMMEDIATELY, PLEASE CALL OUR HELPLINE ON <TELEPHONE NUMBER>

Please note: it is too late to appeal the original parking ticket. In line with industry standards the next available level of dispute resolution would be the county court. Our cleint is within their rights to interrupt any timeframes give by TRACE and initiate legal proceedings at any point.

Yours sincerely,

COLLECTIONS DEPARTMENT

TRACE DEBT RECOVERY UK LIMITED

I have been chasing up the property management company, as they have been radio silent regarding this matter for the last 30+ days. Is it too late for them to speak to UK UK CPM and get the ticket cancelled, or is there still something they can do, not that I am hoping they can do anything - they have been pretty useless so far.

The backside of the letter has payment options, but no further information and no other letters were attached.

nosferatu1001

Yawn. Noone cares about debt collectors. 
No of couse it is not too late for them to speak to them. Theyre just being lazy. 
If you own the land then you should  be *instructing* the MC to perform their duties else you *will sue the MC* for <insert list of things to sue them over which you can find in a half dozen residential threads >

relatable

Thanks for your helpful feedback