LBC from Gladstone's for Multiple tickets outside my own house

Hi Guys,

I have just received the LBC from Gladstone's for parking outside my own house on a private road last year. I had just moved and was waiting for my parking permit to be processed.

While awaiting my permit I was given five different parking tickets. Stupidly I made a big mistake and ignored them. If I had read the advice here a year ago I probably could have avoided this issue all together.

I've spoken to the land owner and they have advised me that before the claims go to solicitors they are able to remove the charges, however now the claim is at the solicitor stage they cannot do this.

I did not receive any of the letters they sent as they went to my old address. The LBC was forwarded to me by my old landlord, while everything else was not.

My first question is: is there anyway I can get these tickets moved back to the stage where the parking company (District enforcement) is trying to enforce it. If this happens I have been advised that the landowner will revoke the tickets (as they are outside my own house!).

Secondly, if not, am I screwed? I know that people have a lot of success defending theses cases, but does the fact that there are five at once make my case a lot weaker?

Also note, there are NO signs about parking on the road whatsoever, or on nearby roads in the estate. There is one sign as you drive in on the main entrance but not on some secondary entrances. I feel this would give me a very strong defense should it come to it.

Thanks in advance, I have read all advice on Newbies forum so hope I have not asked any questions already answered there.
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Replies

  • Half_wayHalf_way Forumite
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    If the landowner took on the parking company, then as principal can instruct their agents, the parking company to cancel at any stage, even if court papers have been issued.


    Next, why do you need a permit?
    forget abut what any signs may say, what does your lease/tenancy say?
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  • I've tried quite hard to get them to ask Gladstone's to remove the tickets but they won't do it. I've tried explaining that the solicitor is working on their behalf but anyone iv been able to speak too (in the office who manage the estate I live on) say there's nothing they can do. I'm trying to speak to the manager now to see if they have anymore clout.

    Just had a look through my tenancy agreement and no mention of parking at all. I assume this is good?
  • nosferatu1001nosferatu1001 Forumite
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    Its possible they signed a contract saying they couldnt do that. Or theyre lying to you. Or they cant be bothered.

    No, go back and check what rights it grants.
    How did you know about a permit? how was this communicated? Did you sign anything? Who was "processing" it?
  • FruitcakeFruitcake Forumite
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    Sam1324 wrote: »
    I've tried quite hard to get them to ask Gladstone's to remove the tickets but they won't do it. I've tried explaining that the solicitor is working on their behalf but anyone iv been able to speak too (in the office who manage the estate I live on) say there's nothing they can do. I'm trying to speak to the manager now to see if they have anymore clout.

    Just had a look through my tenancy agreement and no mention of parking at all. I assume this is good?

    Then go back to the landowner/MA and show them that. Tell them that since there is no contractual requirement to pay a charge you expect them to cancel and put your vehicle on a whitelist so you don't get any more charges from an unregulated scammer.
    Also state that you were mis-sold the tenancy on this basis as there is a hidden term in the contract allowing scammers to penalise genuine residents.

    This is not at court stage, it is at pre-court stage.

    Ask them who will be attending court as a witness because you will be calling them in accordance with Part 33 of the Civil Courts Procedure.

    Move. I am serious.
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  • edited 29 November 2019 at 8:52AM
    The_DeepThe_Deep Forumite
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    edited 29 November 2019 at 8:52AM
    [FONT=Times New Roman, serif]Have you read this?[/FONT]

    [FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT]

    When you say outside your house, what do you mean? Is parking allowed there?
    [FONT=Times New Roman, serif]Is it designated or first come first served? What does you lease/AST say about parking in communal areas ? Does it mention permits? Does it mention paying a parking parasite silly money if you do nor display one.[/FONT]
    [FONT=Times New Roman, serif] [/FONT]
    [FONT=Times New Roman, serif]If it is silent on the matter them your lease/AST has primacy and, if the are daft enough to take this to court they may get a bloody nose, read this

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

    [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the elction , it can cause the scammer extra costs and work.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    [/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]l[/FONT]
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    [FONT=Times New Roman, serif]Have you read this?[/FONT]

    When you say outside your house, what do you mean? Is parking allowed there?
    [FONT=Times New Roman, serif]Is it designated or first come first served? What does you lease/AST say about parking in communal areas ? Does it mention permits? Does it mention paying a parking parasite silly money if you do nor display one.[/FONT]
    [FONT=Times New Roman, serif] [/FONT]

    The property I live in is in a private estate on a private road. You can park on the space of road 'directly abutting' your property. This language comes from the website of the group that manages the estate. Since we live in a flat, multiple people could claim the 'directly abutting' spaces, so it is somewhat first come first served, however there are normally enough spaces for everyone so this is rarely a problem.

    There is absolutely no mention of parking in my tenancy agreement. It is possible, however, that the landlord has signed something at some point agreeing to the parking regulations.
  • Hi Again Guys, thanks for all your responses.

    So what steps should I be taking next?

    1. Contacting the group who manages the estate to pressure them further to request the tickets be removed. I will be doing this today.

    2. Will there be any way I can convince Gladstones to bring the case back to the original parking company (district enforcement). If they put the case back to district enforcement I will be able to get it removed as the office that manages the estate have told me they can remove it at this stage. Perhaps if I explain that I didn't recieve any letters from them, or if I offer to reveal who the driver was on the condition the restart the process? Is there any legistlation that could back me up here since I haven't recieved their letters?

    3. Appeal the case with Gladstones. I still have about 15 days to do this. If this is the best option, how should I go about doing it, what info should I include, etc.

    4. I am also supposed to send a freedom of information request to the initial parking company, correct? I will also do this today.

    Thanks in advance everyone. Until I found this forum these tickets were keeping me up at night, but now I feel a lot more confident I will be able to resolve them.
  • The_DeepThe_Deep Forumite
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    It is possible, however, that the landlord has signed something at some point agreeing to the parking regulations.

    Very likely, but is it binding on you?
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    It is possible, however, that the landlord has signed something at some point agreeing to the parking regulations.

    Very likely, but is it binding on you?
    I don't know - I imagine not?

    What are my next steps?
  • nosferatu1001nosferatu1001 Forumite
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    Thats the point. How can it be binding on yuo, when youre not a party to it?

    Given Gladstones get paid to do this, I doubt they will disengage and send it to DE. Remember, its never 2gone" from DE. They have instructed solicitors, its still their claim etc. GLadstones just do the admin.

    Asking your landlord if they signed anything would be a good start.
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