Private Apartment Parking Fine

gimeank

Hi all, 

Newbie here and I would like some advice please.

 

In 2016, my boyfriend and I went to visit a family friend who owned an apartment and a parking space in a gated underground car park that required a fob to get in.

 

At the time, she was not  provided with a parking permit. She didn’t own a car and her visitors had always used her allocated parking space with her flat number written on it.

 

The next day we found a parking charge notice on our car and my boyfriend (who was the driver) appealed it, which was rejected. Mid 2017, he moved out of home and we didn’t hear from them till now when this was sent to his old house.

 

At the time my friend sent a page of the lease of part, which I have attached. She is currently abroad due to return in December so I cant get the other pages but I could request a copy of the lease from HM Land Registry

 

I’m not sure of what steps, if any we have to take next. Thanks

 

 

1 The date of infringement?

31/07/2016
 

2 Have you yet appealed to the parking company yet? [Y/N?]

Yes
 

(it was a few years ago)

 

Has there been a response?

Yes (it was rejected)
 

 

Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

No
 

 

5 Who is the parking company?

UK Car Park Management
 

6. Where exactly [Carpark name and town] did you park?

Private apartment parking London

Coupon-mad

It's only the DRP letter that several threads are already discussing.  Read some DRP threads.

Nothing to worry about at this stage but the recipient of that letter MUST email the DPO of the parking firm for a SAR to get all the letters he missed (see 2nd post of the NEWBIES FAQS top thread) AND he must also tell the DPO of the PPC to 'erase' the old address immediately and mark down his correct current address for service.

If he moves again he must repeat that until 6 years is up.  Do not contact DRP.

All forum acronyms are in post #5 of the NEWBIES thread and pics of DRP and Zenith letters are linked in post #4 of that Announcement thread.

One click back to page one, see my signature below, which explains where the link back is.

Terry1931

Whilst its good to know the procedures and formalities, at some time the inevitable question needs to be addressed.

Were the terms and condition of Parking breached and is the person responsible for the breach of such terms known, from your information given it was your boyfriend who was the driver, who appears to have appealed as the driver.

So if a permit was required to park, you didn't have a permit and the driver was your boyfriend then this parking charge looks like its not going to go away.

Coupon-mad

Your posts are of huge concern to the regulars.

You have appeared recently, telling posters to pay and presuming they are at fault in many cases. 

Quite frankly, it seems to some of us that you aim to put the fear of God into new posters who won't realise you are not a regular poster and that you have come across to many here as disruptive and not supporting the moneysaving ethos.

Yet we see wins reported in court 99% of the time and UKCPM are particularly useless with evidence and often discontinue.  There is no CCJ risk (as long as the OP follows the advice in the NEWBIES thread) and court is not IMMINENT despite DRP's misleading letter.

What do you have to say about the added 'debt recovery' sum? You do come across as possibly a PPC employee due to the nature of your posts so (whatever your reasons for suddenly posting here and telling people to pay up) I am interested to hear your take on the fake 'costs' that PPCs apart from ParkingEye add on.

And I hope the OP can see why we are alarmed about your posts on threads this month and won't get spooked by your words.

Redx

Have to agree with CM here

Just follow the forum rules and go to your profiles and add Mr 1931 to your ignore list !  🤔🤔🙃🙃

Then either listen to the wiser regulars here that have been advising people for 5 to 10 years or more , or not , but the choice always remains with the members who ask for advice ( which is often good but sometimes can be bad , depending on who gave it )

Checkout the profile , how many posts they have made , their joining date , and the number of thanks given by other members here , usually it's in the thousands for the wise owls. !! ). 👍👍👍

gimeank

Thank you so much Coupon and Redx. I'm a lot more relieved now and will follow your advice .

D_P_Dance

You do not owe the company anything unless a judge says so.  Read these, google "Primacy of Contact", and complain tp 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

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

gimeank

Hello Everyone, I followed your advice and they sent a letter before claim to our new address. My boyfriend then replied back with an acknowledgment as stated in another thread. 

My friend also sent me the deeds and there was no mention of the parking management company. Anyway, we have heard nothing back from them and it is now past the 6 years since the infringement happened so we hope that is the last of it.

Thank you for your help  

Coupon-mad

Great!

So they never filed a claim in time, not even to the old address and your credit rating is intact? Yay!

Timed them out. Scam over.

Now you've won this battle and earned the 'virtual t-shirt', please don't disappear just yet.

A final Public Consultation is coming.

We need you; motorists need you to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 plus false 'fees' for no reason, by an ex-clamper aggressive firm, isn't it? 

Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. 

There will be one window of opportunity later this year.

My best guess is in October/November once an initial Impact Assessment is signed off by the new SoS at the DLUHC.  Timings are a guess though.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read the latest posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold. Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need high numbers of real victims to make a point of responding to this final Consultation.

gimeank

Yes, nothing to the old address and credit rating is still good. Thank you so much, I have set up an alert and can't wait for the consultation.