PCN while in GF's allocated parking bay - permit slipped off dashboard

zimbo_ouen

Was curious about Link Parking and on some look ups found this about the owner:

https://find-and-update.company-information.service.gov.uk/officers/fhKPdTJzbp4hd3Hhe-dzAshgeTQ/appointments
I wonder how many residents he stings through his own Property Management Company!?

zimbo_ouen

Also that the apparent freeholder (QDIME LTD) and property management company (HAZELVINE LTD) are one and the same if you look at these directors:
https://find-and-update.company-information.service.gov.uk/officers/Ox2PJsFKteDAVtWzYANFrHrd0ac/appointments
https://find-and-update.company-information.service.gov.uk/officers/TE8YM8_Qxi6_bRofMqXjgQg2CCk/appointments?page=2

Uptown_Boy

The freeholder and MC being of the same entity is not really unusual if you think about it ... the freeholder generally appoints the MC (subject to covenants), so there's no reason why they can't set up a MC themselves.  

zimbo_ouen

Hmmm my father thinks I should pay and then try claim it back but surely the same thing will happen by having to go to court and might even be harder to recover. Have people ever won and got their money back doing it this way?

Just wanted to explore this avenue and see your thoughts?

KeithP

Looks like you father is used to dealing with honourable companies.

Remind him that you are not dealing with John Lewis here. 

Umkomaas

zimbo_ouen said:

Hmmm my father thinks I should pay and then try claim it back but surely the same thing will happen by having to go to court and might even be harder to recover. Have people ever won and got their money back doing it this way?

Just wanted to explore this avenue and see your thoughts?

You would have to issue court proceedings against the PPC - but for what reason? What would be the basis for your Particulars of Claim?  Paying the charge is tantamount to an acceptance of liability. The evidence you would need to produce would be, as a minimum, that which you need to defend the claim you have now - and possibly more.   And the onus will then be on you to prove your case. At the moment, that onus rests entirely with the Claimant. 

Chances of winning your current case, quite likely with a solid defence, over 90%. Chances of winning a claim against the PPC after paying the charge - less than 1%. All in my opinion - I am not a lawyer. 

See what others say, but I'd be surprised if anyone would support your father's thinking.

zimbo_ouen

I agree with both of you and don't think I want to go down that road. Thank you for your swift replies

beamerguy

zimbo_ouen said:

Hmmm my father thinks I should pay and then try claim it back but surely the same thing will happen by having to go to court and might even be harder to recover. Have people ever won and got their money back doing it this way?

Just wanted to explore this avenue and see your thoughts?

Tell your Dad that if you pay a scammer it will be assumed you agreed to their scam.

Far better to win the case and claim costs (£95 ish) that the scammer pays you

NOBODY EVER PAY A SCAMMER

Coupon-mad

Umkomaas said:

zimbo_ouen said:

Hmmm my father thinks I should pay and then try claim it back but surely the same thing will happen by having to go to court and might even be harder to recover. Have people ever won and got their money back doing it this way?

Just wanted to explore this avenue and see your thoughts?

You would have to issue court proceedings against the PPC - but for what reason? What would be the basis for your Particulars of Claim?  Paying the charge is tantamount to an acceptance of liability. The evidence you would need to produce would be, as a minimum, that which you need to defend the claim you have now - and possibly more.   And the onus will then be on you to prove your case. At the moment, that onus rests entirely with the Claimant. 

Chances of winning your current case, quite likely with a solid defence, over 90%. Chances of winning a claim against the PPC after paying the charge - less than 1%. All in my opinion - I am not a lawyer. 

See what others say, but I'd be surprised if anyone would support your father's thinking.

100% agree.

Richard_T_

Paying it, the trying t claim it back is a big no no ( about as big as a no no as it gets) - i understand at one time one of the so called newspaper agony/consumer advisors was giving out this incredibly bad advice.

 If it is a residential site, where the driver has been given permission to park by the landowner  ie the person who owns/rents the property and that property comes with the space, then paying them is even more of a bad idea .

Pay up and its seen as acceptance of the charge - transaction complete.

 Plus it also builds up potential issues for the future as getting rid of the parking company will be harder if you have agreed to them previously.- ask yourself if you would pay a charge for using your own lavatory after 10pm without a permit?