Legal Claim for damages against Parking Control Management (UK) Ltd

parkingticketsfightbacksas

Note I can's reply to your comment being a newbie but I am the owner of the allocated parking space and this is on the head-lease and on land registry details. 
I issued a legal claim for damages against Parking Control Management (UK) Ltd and once the court case is on I will put updates here. I had sent them email of intended legal claim and waited 14 days as I told them that there was no contract with them for parking enforcement for my own allocated parking space when I first saw the parking notices but three weeks later they trespass on it and put the PCN on my car. 
We are a family with young children and were given a parking charge notice for my car that was parked in my own allocated parking space. I had phoned them when I first saw the parking signs and told them that I had never appointed their company to enforce parking in my own allocated parking space and was told I was automatically opted out as I own the parking space. Three weeks later the company put a PCN ticket on my car and when I phoned them and told them I never appointed them they pressured me to send land registry details that contain my personal info so that they will stop the enforcement. Now during the COVID-19 lock-down they sent me a debt collection letter and the debt collection company kept phoning me and note that I am working as I am on the front-line. Even their website mentioned they are closed and the government guidelines said that they should not pursue PCN collection during this period, they are doing so and foremost affecting front-line workers. Parking Control Management (UK) Ltd was given an ASBO by Windsor and Maidenhead Councils and was the first company to be given an ASBO.
I have also set up a petition to make this harassment criminal in this period (once petition is live I put links) after my claim for damages had been filed.

D_P_Dance

. I had phoned them ... 

It is a pity you did not write to them, if this gets to court a judge might want to see something on paper, never phone these people 

You said  in my own allocated parking space.

but you also said   I own the parking space. 

Is it allocated or owned, If you own it it will be on your deeds. 

AFAIIA, sending you letters no way entitles you to damages, it has not even been established whether they have a contract with anyone..Have you not read this?

http://parking-prankster.blogspot.com/2016/11/residential-parking.htm

This also may further enlighten you

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

zhonguonuren

You said  in my own allocated parking space.

but you also said   I own the parking space. 

Is it allocated or owned, If you own it it will be on your deeds. 

A parking space does not have to be specifically mentioned in your deeds for you to have a legal right over it.   My right was in a planning document between the developer of my house and Wandsworth Council.   

D_P_Dance

A parking space does not have to be specifically mentioned in your deeds for you to have a legal right over it.

Agreed,  I think we all know that,   but that was not my point.  I was high-lighting inconsistencies in OPs post.  

Fruitcake

If you own the parking space then a trespass occurred when the scammers put the NTD on your car.

Please clarify as above because owning a space is different to having a demised space. Most of what follows assumes that you own the space. 

They should have checked that they had landowner authority to act on someone else's property irrespective of whether you told them or not.

As D_P_D said above, you needed to tell the scammers in writing that they are operating on your land without permission, but if you did send copies of the Land Registry entry (you haven't said whether you did or didn't do this) then they knew, or should have known it is your land. A 'phone call is not worth the paper upon which it is writ.
I know for a fact that a Land Registry entry will show something as small as a single parking space as my Outlaws have such a thing.

If the scammers knew it was your land then they made a DPA/GDPR breach by obtaining your personal data from the DVLA, and a further breach by processing it (passing it to a debt crawler). 
You should complain to the DVLA that your personal data was accessed by the scammers without your permission. Also point out that it is a KADOE contract breach. Include a copy of your deeds/Land Registry entry/proof you own the space.

You might have a problem making a court claim for a one off where you didn't tell the scammers in writing until after the event, but only a judge can determine that. If the space is demised to you as opposed being owned, then everything will depend on your lease/AST/head lease.

Write a cease and desist letter to the scammers and debt crawlers and instruct them to stay off your land or a court claim will be issued. Withdraw any implied right of access at the same time. Instruct the DPO of both scumpanies to erase your data except to note they are not to operate on your land, and to confirm in writing they have done so. Give them, say, seven working days to comply.

Complain to the ICO about the data breaches.

Complain to the council and Trading Standards that the scammers are operating a for profit business on your land without a licence or landowner authority. Check your home owner documents/council regulations to see if there are any restrictions on operating a business from your home. 

Complain to whoever employed the scammers and instruct them to instruct their contractor. State that they are jointly responsible for the scammer's actions and will be included in any court claim.

Complain to your MP.

Complain to whoever is running the government in place of Boris at the moment, pointing out that you are a key worker yet are being harassed by demands for monies for parking on your own property. Seriously, please do this.

Complain to Robert Jenrick MP. He is in charge of the team that's supposed to be writing the new mandatory parking code of practice but a year after the new parking bill received Royal ascent, the country is still waiting.

Contact local and nation press/radio/TV.

zhonguonuren

OP - I am not sure what your claim is for. Possibly breach of GDPR because the parking company passed your details to a debt collection agency when it should not have done and that company is harassing you?  If so, you may have a claim for damages in respect of the breach of GDPR and quoting  Vidal-Hall v Google (no material loss).  Google the case (no pun intended!). 

I won the case against the DVLA because it released our details negligently to a parking thug who used them to harass us for a scam ticket - but it is very new territory and the outcome may just depend on the judge on the day.  

I would take a punt if indeed you can prove a legal right to the space, but I am sure there will be others who come along and say different!

Please try to remain polite and calm.  I didn’t and the parking company used it against me.  

A massive thank you for what you are doing and so sorry that you are being harassed and at such a difficult time.  

zhonguonuren

If it helps, the damages awarded were low (£200) plus costs - but it was the recognition that was more important.  I used moneyclaim online and paid £35 (on a £500 claim).  With no material loss the damages were at the judge’s discretion.  The total award with costs was just over £400.  I am now suing the parking company and the IPC.  I was going to sue the landowner but yesterday he came up trumps!

zhonguonuren

Please clarify as above because owning a space is different to having a demised space.  

Not necessarily - you may have been granted a legal right by another area of law.  I do not own my parking space in London but if the developer (and freeholder of the car park) ever stops me parking in my space I can sue  (and Wandsworth Council would enforce Condition 07 – Standard 29 of the section 106 agreement). If the freeholder employs a parking operator and I get a ticket - I would really enjoy that one ! 

zhonguonuren

I know for a fact that a Land Registry entry will show something as small as a single parking space as my Outlaws have such a thing.

Unless you own a parking space outright, in many cases Land Registry will not show a parking space.  My parking space (and another 30) is on the freeholder’s deeds of a commercial development, not specifically mentioned.  

Fruitcake

zhonguonuren said:

Please clarify as above because owning a space is different to having a demised space.  

Not necessarily - you may have been granted a legal right by another area of law.  I do not own my parking space in London but if the developer (and freeholder of the car park) ever stops me parking in my space I can sue  (and Wandsworth Council would enforce Condition 07 – Standard 29 of the section 106 agreement). If the freeholder employs a parking operator and I get a ticket - I would really enjoy that one ! 

I agree, but on the other hand it might make a huge difference. That's why we need to know.

Half_way

Who hired the parking company? they are jointly and severally liable and must also be bought into this, not least to show that you have / are taking all reasonable steps to avoid court action