Tradesman trying to get me to pay parking fine he incurred on the job - threating legal action

IW91

Hi everyone, bit of a weird situation going on here that's evolved into a mess and it'd be great to get some advice on it and hear your thoughts.

It's a long story, but here we go...

We've had the flooring done in our flat recently and whilst on the job, the guys doing the installation received a parking fine for leaving their van in a private car park all day. For about three weeks now, his company has been doing all they can to get us to pay for the fine, stating that because their quote said '' that we have agreed to pay it and by not paying it we are breaking our agreement and refusing to settle the bill in full.

We've already had legal advice from CAB who have told us that 'parking charges' means reasonable parking charges (pay and display etc) and does not include parking fines. The also let us know that we are in no way liable to pay their fine for them, so we went back to the floorers and told them this. In the meantime we also asked for opinions on facebook groups, never at any point naming the company. Almost a hundred people (including numerous trades people) got back to us letting us know that what they were trying to do was ridiculous and that they were just chancers, seeing what they could get away with. Many people said 'name and shame' the company and we chose not to. A local paper even got in touch asking if they could write up our story and again we chose not to do that. Many people also told us to report them to trading standards and again, we have chosen not to do that.

We then paid the invoice for the work they had done, minus the £100 parking fine they added on as per the legal advice.

The company went quiet for a while and we thought that was the end of it, until they resurfaced today saying that they are passing the debt over to a private collection company. They told us that this will have 'an immediate negative impact on your credit rating'. From what I've read, the only way that something like this can impact our credit rating is if we are ruled to owe the company a debt in court and I very much doubt that any court is going to rule this one in their favour.

So, once again we went back to the company and re-stated the legal advice that we have received and in response to them threatening us with the debt collectors and damaged credit rating, we have let them know that until this point we have chosen not to publicly name the company and that if they kept pushing us with this, that we would have no choice but to do that.

The company's reply to that was that what we were threatening was defamation and that they would be seeking their own legal representation and that if the debt was not paid, it would be taken to small claims court. They have also said that we have picked the wrong people to try and 'con'.

To say the least, I'm pretty tired of this. I will go to small claims court if I have to, as I'm sure that we are in the right here, but I would like to if there is any chance that this could impact our credit rating? Someone has warned us that it is a potentially legitimate threat and that builders can put a 'lien' on a house, making it difficult to re-mortgage or sell if there is an outstanding debt. Is there a chance that this could happen?

Any thoughts and advice is much appreciated.

Thanks,
I

IW91

Note - couple of words missing from the below statement in the post. Should read as follows...

For about three weeks now, his company has been doing all they can to get us to pay for the fine, stating that because their quote said 'parking charges and travel may apply depending on your situation' that we have agreed to pay it and by not paying it we are breaking our agreement and refusing to settle the bill in full.

Coupon-mad

Sounds like you would win in court.  Only the driver or registered keeper (or hirer) is liable for a parking charge.

Was it your home car park they parked in?   If so, was there no permit you were meant to give them?

Which parking firm?

Have the idiots paid it?

KeithP

We've already had legal advice from CAB who have told us that 'parking charges' means reasonable parking charges (pay and display etc) and does not include parking fines.

That little bit worries me slightly.

The CAB may be right in saying that "parking charges ... does not include fines".

A difficulty might be that this 'charge' that the parking company is trying to get the floorer to pay is not a fine. It is simply a parking charge. Only statutory authorities and courts can issue fines. 

IW91

Coupon-mad said:

Sounds like you would win in court.  Only the driver or registered keeper (or hirer) is liable for a parking charge.

Was it your home car park they parked in?   If so, was there no permit you were meant to give them?

Which parking firm?

Have the idiots paid it?

It wasn't our home car park no. The street at the front of ours is free parking, but they parked in a private car park at the end of the road because they said they needed space to unload the van.

The parking firm is P4 Parking UK.

I have no idea whether they've paid it or not to be honest. 

naedanger

IW91 said:

 I will go to small claims court if I have to, as I'm sure that we are in the right here, but I would like to if there is any chance that this could impact our credit rating?

There is no chance contesting the charge will impact your credit rating unless you lose in court and then don't pay in the given timescale. (So even losing won't damage your credit rating provided at that point you pay the amount set by the court.)

IW91

naedanger said:

IW91 said:

 I will go to small claims court if I have to, as I'm sure that we are in the right here, but I would like to if there is any chance that this could impact our credit rating?

There is no chance contesting the charge will impact your credit rating unless you lose in court and then don't pay in the given timescale. (So even losing won't damage your credit rating provided at that point you pay the amount set by the court.)

Thanks naedanger, that's really helpful. 

IF it did go to court and IF we did lose, I'd be happy to settle up - but until that point I'm not going to pay for something that isn't my responsibility. 

Umkomaas

Where they chose to park and ignore the signage (the contract between them and P4P) is not your problem. I'd ignore them and see where this goes. There is no detriment in you ignoring, only deal with this if a formal Letter Before Claim from their solicitors or real court papers are issued from the Northampton CCBC. Come back on this thread should you receive either. 

Norman_Castle

IW91 said:

their quote said 'parking charges and travel may apply depending on your situation'

Parking charges are the cost of parking and not the resultant fine from their failing to pay parking charges.

beamerguy

Let me get this straight ....  you employed a trader and on the day he parked in a car park, nothing to do with you, he did not read the signs and got a ticket ???

What has this got to do with you ?    

And the CAB said .... CAB who have told us that 'parking charges' means reasonable parking charges    ?????? this is information for the trader .. NOT YOU

And then you say ..... "Someone has warned us that it is a potentially legitimate threat and that builders can put a 'lien' on a house, making it difficult to re-mortgage or sell if there is an outstanding debt. Is there a chance that this could happen?"

Did you meet this "SOMEONE" in the pub ?   You have paid for the work done and of course not the ticket which has nothing to do with you

The problem is 100% down to the trader and if he ignores the parking charge, he will end up in court and if he ignores that, his credit rating will be trashed

YOU ARE NOT RESPONSIBLE  for a stupid trader

Umkomaas

What if the trader had had a speeding ticket en route to you, maybe no VED, MOT or insurance?  Not a lot of difference, all incurred just because you had favoured them with your custom. 

I'd be tempted to tell them to go swivel, but I've told you already to ignore them. Go with the latter advice for now.