Think I'm being taken to court for parking in my own space - what do I do next?

Mirandoch

I'll try to keep this as short as I can. I've lived in a block of flats for six years. Have my own parking space. Over the years I picked up about five or six parking tickets for failure to display a permit - I did have one, but occasionally it would slip down the dashboard out of sight. I appealed the very first ticket but the parking company rejected the appeal and I didn't appeal any subsequent tickets. I just ignored them. 

I eventually affixed the parking permit holder to my windscreen, so I've had no new tickets for at least two years. However the deluge of debt collection letters has not wavered by an iota. Gladstone Solicitors are dealing with it now, if that's relevant.  

Got a letter from them today saying in large red letters, "DO NOT IGNORE THIS NOTICE - COURT PROCEEDINGS ARE IMMINENT." 

I was used to threats, but this seemed more serious than normal. So I got on the internet and did a bit of reading. I checked and I saw that I had got a LETTER BEFORE CLAIM at the end of August. I ignored it because in my legal ignorance, I did not realise it meant anything significant. 

I did check the sticky for Newbies and read the relevant bits, but I'm still completely confused to be honest. Am I definitely going to be taken to court or is there a chance Gladstone Solicitors is bluffing at this late stage? 

If you need any more details just ask. Unfortunately I don't have the original parking ticket any more. 

Coupon-mad

There's nothing to be confused about. Gladstones are likely to start a claim and as the NEWBIES thread says, this is where you win.

Which PPC?

Do what the 2nd post of the NEWBIES thread says to get your SAR.

And you MUST engage now.  Stop ignoring it.  Courts take a dim view of failure to engage snd narrow the issues to try to avoid court.  You won't avoid court but it looks better later!

Respond by email to Gs, showing your lease and pointing out all the usual stuff as discussed ad infinitum on all the other 'own space' threads.

I replied to at least two today including one where someone has quoted really useful stuff from their lease.  

No links, get reading relevant thread title cases over the weekend once you've emailed that SAR off to the PPC and told is who it is...UKCPM? Link Parking? 

Mirandoch

I've got mental and physical health problems and my eyes glaze over at anything legal. I do appreciate you replying but I'm not sure I can do this. 

What would theoretically happen if I just ignored the court summons when it arrives and accept my credit being trashed for 6 years? I don't buy anything on credit anyway. 

PS: It's UKCPM by the way. 

Coupon-mad

You could get bailiffs coming knocking next year and it would increase to hundreds more.

You can do this. Get a family member or friend to read this forum with you.  It's simple to locate and read other 'own space' threads.

There are two next to your thread in the forum list right now, so hop back one click and look (see my signature for where the link back to page one is).

Mirandoch

That's not good. 

Okay, thank you. I'm tired and low tonight; maybe I'll feel better able to deal with this tomorrow. I'll at least see if I can send off the SAR tomorrow, I guess... 

Half_way

Rule 1, dont let them get you down you need to see it as a process

this is of importance:

I have my own parking space

So if its your own space, then why on earth do you need a permit to use it??

do you need a permit to use your lavatory after 10pm at night?

A few things you must look at - what are your rights to use that space - forget about permits, or any signs what does the lease/ freehold etc say, in most cases the spaces are demised to the property, that is they are part of the property and no third party such  as a so called private parking company can take away your rights to use the space

Next you must come down like a ton of bricks on the managemetn company, was there a ballot when permits were introduced of the tenants/owners etc? odds on there wasnt.

 the management company are jointly and severally liable for the actions of their agents, you need to remind them of this fact when you tell them that they must call off the parking company's court action, and that they must withdraw this case with immediate effect.

 You could also ask the management company what they will be doing to re compensate you for subletting your space out at £100 ( or whatever the PPC is demanding) a day a value you estimate to be £100 ( if thats what they demand) multiplied by the number of days they PPC has been infesting your space

 You must also make it clear that you have only displayed a permit as a courtesy and not as an obligation

D_P_Dance

Read these, familiarse yourself with "primacy 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://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Mirandoch

Thanks folks. 

So if I've read the sticky correctly, I have to send a SAR request to the parking company and an email to the solicitors? The SAR request seems simple enough, but I am out of my depth with the solicitor. 

I've dug out my lease and taken a look. The only relevant bit I can find is this: "3. The Tenant agrees: 3.13 (i)  To park vehicles only in garages or designated parking spaces."  Nothing about who actually owns the space. So I had a look at my housing association's website. That has a small section on parking control and permits, which is this:

Most estates have some kind of control in place to ensure residents can park where they’re allowed to.

Some estates have a security gate to an enclosed car-park which will require a fob or key, or more rarely a code to be able to access the area. You will have been provided with this information when you moved in.

Most others have an open parking area with the requirement to clearly display a permit.

If you’re not sure, you can check whether there are warning signs displayed on the entry to the parking area or around the car-park.

Home owners and tenants can check with their housing officer or property manager for further information.

Doesn't sound like the housing association will be on my side. 

PS: As angry as I am about the whole thing, I don't feel comfortable jumping straight to complaining, especially as I do not really know what I am talking about. My main concern right now is to just get the parking company off my back and drop the charges. After that I may consider a more formal complaint to my housing association about predatory private parking companies. 

D_P_Dance

PS: As angry as I am about the whole thing, I don't feel comfortable jumping straight to complaining,

Why not, they are trying to scam you.  You are in an excellent position to play hardball.  Tghe PPC are most unlikely to back down, common sense is not their strongpoint.  Here is one I wrote earlier

https://forums.moneysavingexpert.com/discussion/5927955/my-management-company-wants-to-bring-in-cpm/p1

Coupon-mad

You won't get the PPC off your back without the HA stepping in.  There is no quick fix EXCEPT landowner complaint.  We are telling you the only way to get them off your back.

You will otherwise get a court claim and that's when you get a fair hearing (over the phone, probably) and no huge costs risk nor CCJ risk, even if you lose (as you would then pay in full, no more than £200 in the very rare cases where posters here lose in court).

The reason for showing the solicitors the lease is to 'narrow the issues and try to resolve the dispute' as the court expects to see you tried.  Also ask for free ADR to avoid court and see what they say.

Great if they refuse, as you can then use that in your defence/WS to suggest unreasonable conduct.  The courts are absolutely clear that ADR is relevant to parking disputes as much as any other and they expect all parties to engage.

...trouble is you don't want IAS...but what I hope is that ADR will be refused to be offered.

Mirandoch

Thank you folks! 

I'm just terrified of going to court. Never done it before. The thought of speaking before a judge makes me want to crawl into a hole and never come out. (I'm a better writer than I am speaker. I have autism so speaking does not come naturally to me.) On the other hand, I always said they'd have to take me to court to get a single penny out of me. I'll be honest - I never really thought it would come to that, but now that it has, it's time to put my money where my mouth is. 

@Coupon-mad - What does ADR mean? I'm sorry, I looked at your list of acronyms but it wasn't there.