Ignored Ace Security PCN... Gladstones threatening to take me to court

kingloghorn

Hi all,

I'm wondering if anyone could offer me some advice in the situation that I am in. I received two PCNs dated 24/12/2020 and 13/12/2020 from Ace Security Services. 

My car was parked outside my flat (designated parking) where it was every day for most part of a year. I had 3 permits issued to me, which was placed on my windscreen. In both of these instances, the permit had dropped down and was not in sight (apart from one of the pictures they sent me where you could see half of the permit dropped down). I got two PCNs, which were £100 or £60 if paid early. Anyhow, I am parking outside my own flat, have the correct permission to park there so I did not pay it. 

I sent them an email showing them a picture of my permit, explaining that I live there, and further pictures of the permit that had fallen down but still in sight. I did not receive a reply from them for months until they sent me a letter asking me for £100 per ticket which I ignored. 

Fast forward to now, Gladstones have sent me a letter demanding £320 (£160 per ticket). They have said the client (ACE security or Pace Recovery & Storage Ltd) have the option to commence court proceedings in the appropriate civil court, and it would increase the charges further. They also said the client would prefer to resolve this matter as soon as possible and for me to pay the £320 within 14 days, which I do not want to do at all.

If anyone has any advice for me, that would be great. I've only just finished university so money is a bit tight. Should I just ignore them, or contact them?

Thanks all! 

Half_way

what are the exact words of the lease that grants you the right to use the designated space?

D_P_Dance

Plesae read these, familiarise yourself with "Primavy of Contract", and complain to your MP.

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

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

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

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

thing in our power to rid iurselves of them.  

kingloghorn

Half_way said:

what are the exact words of the lease that grants you the right to use the designated space?

The tenancy agreement from the landlord/estate agents states as part of the contract, I have parking permits valid for the duration of the tenancy at the flats location. The land is owned by the directors of the building, which my landlord is (he said I have to take it up with them Ace?), but Ace are 3rd party that enforce the parking there. 

kingloghorn

kingloghorn said:

Half_way said:

what are the exact words of the lease that grants you the right to use the designated space?

The tenancy agreement from the landlord/estate agents states as part of the contract, I have parking permits valid for the duration of the tenancy at the flats location. The land is owned by the directors of the building, which my landlord is (he said I have to take it up with them Ace?), but Ace are 3rd party that enforce the parking there. 

In the tenancy agreement it says:

"• Parking: Parking within the development. Permit(s) and Guest Permit(s) to be supplied."

KeithP

Is this anything to do with your earlier thread about Ace?

kingloghorn

Jenni_D said:

You've misunderstood ... what exactly does your lease say about parking, the granting of rights to use a space, and anything about managing agent rights to introduce measures for the benefit of the estate?

Hi Jenni, 

In the agreement, it says "• Parking: Parking within the development. Permit(s) and Guest Permit(s) to be supplied." 

There was no mention of managing agent rights to introduce measures for the benefit of the estate.

Jenni_D

Sorry - your next post appeared while I was replying, so I'd deleted my post.

Would it be possible to upload a copy of the whole lease (redacted as mentioned) to dropbox or similar so the guys here can take a look? They might spot things you don't.

Half_way

In order for us, and you to understand what the situation is you need to forget what any permit or signage says.
In most residential cases the lease/freehold etc is the primary contract  and no third party such as a parking company  can come along and overide that primacy of contract, or impose additional conditions that would be detrimental to you, such as charging for non display of a so called permit, or even having a vehicle on a whitelist.
It is your space and no one elses.
The only purpose a permit serves is as a courtesy and nothing more.


So let's see the lease, and if it's in the clear you must come down like a ton of bricks on the management for allowing a third party to sub let your property to your detriment

kingloghorn

Hi all, please see the tenancy agreement here: https://www.dropbox.com/s/5nqxc1hki5we182/Tenancy%20Agreement.pdf?dl=0

kingloghorn

kingloghorn said:

Hi all, please see the tenancy agreement here: https://www.dropbox.com/s/5nqxc1hki5we182/Tenancy%20Agreement.pdf?dl=0

I've just blanked out the names and addresses, if you are wondering!