8 PCN's from Premier Park passed to RDP...

manooo

Hi, I have unfortunately managed to rack up 8 pcns in my residential car park parking next to some bin sheds. This was during a period where I had COVID and was unable to move the vehicle to another location, so consecutive days PP fined me, I have ignored all letters so far. I know silly of me, I should have appealed but now getting threatening letters from DRP trying to make me pay or they will open legal proceedings. 

The original charge is £60 and rising to £100 after 14 days. They are now requesting £170 for each pcn. I read somewhere they can only recover the original amount if they take me to court and not the £170 is this true?

Reason for issue says "Parking in no parking area" for 6 of the pcns.  The other 2 are for "no permit on display" as I managed to move it into a friend's spot after day 6, unfortunately was unable to pass me his permit due to COVID.

Am I too late to appeal to PP direct or is that a waste of time? ...shall I contact the landowner who I assume is Abri the housing association who owns the flat? Or shall I wait till court action is begun and start my defence? ..any advice is much appreciated?

Mouse007

Have a look at your lease to see exactly what it says about parking. Does it mention permits?

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

Coupon-mad

Just read the 4th post of the NEWBIES thread and ignore the DRA letters.

We assume you mean tedious old DRP? Their previous letters are shown in the 4th post of the NEWBIES thread and the latest stupid gaslighting letters with photos of non-existent staff, Catfish stylee!

Come back if you get a court claim within six years and if you move house, you must tell PP to erase the old address.  I would look to move out asap - but that's just me. You can't live where an ex-clamper infests. As a driver, IMHO you should be looking to live somewhere without an ex-clamper because this is no way to live.

Meanwhile try a polite but consistent complaint to the HA.

manooo

Mouse007 said:

Have a look at your lease to see exactly what it says about parking. Does it mention permits?

I've had a look through the tenancy agreement and this is what they have stated "You must not park a vehicle anywhere at your property unless it is in a proper 

parking space. Without notice, we may remove any vehicle we think is 

causing an obstruction, is a nuisance, or is a risk to the health and safety of 

others. You must not park anywhere where your vehicle would obstruct local 

roads that we manage or other vehicle access and access for emergency 

services, or cause an inconvenience or damage our land." 

No mention of permits, I wasn't in a bay 6 of the times so may not have leg to stand on there. 

Thanks I'll check the link out

DE_612183

well it says you shouldn't park in a non-parking space - it's says they will tow but not charge or fine

manooo

Coupon-mad said:

Just read the 4th post of the NEWBIES thread and ignore the DRA letters.

We assume you mean tedious old DRP? Their previous letters are shown in the 4th post of the NEWBIES thread and the latest stupid gaslighting letters with photos of non-existent staff, Catfish stylee!

Come back if you get a court claim within six years and if you move house, you must tell PP to erase the old address.  I would look to move out asap - but that's just me. You can't live where an ex-clamper infests. As a driver, IMHO you should be looking to live somewhere without an ex-clamper because this is no way to live.

Meanwhile try a polite but consistent complaint to the HA.

Yes DRP sorry was a typo, they're parking enforcers are like coachroaches swarming the car park even targeting residents who have permits but sometimes forget to place them on.

I would consider moving in the long term but not because of PP and their antics, I will fight this to the end. 

Thanks for directing me to the post, had a read so basically keep ignoring till they send court documents...

manooo

DE_612183 said:

well it says you shouldn't park in a non-parking space - it's says they will tow but not charge or fine

Your right no mention of it anywhere, I will send a written complaint to HA and take it from there, maybe they can strike it out 

Coupon-mad

Towing is illegal. Point that out...as well as the fact there is nothing about any permit obligation and the only charges are the usual service charges.

Cardboard signs from a 3rd party can't override the rights and easements enjoyed by residents and you don't have to always be in a bay. For example, there is case law that allows loading/unloading at residential premises outside of a bay, and for any brief stops or unexpected vicissitude'.

D_P_Dance

Read these,

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/

Google "primacy of contract",  and complain to your MP.  These companies should be outlawed from residential car parks. 

Mouse007

manooo said:

"You must not park a vehicle anywhere at your property unless it is in a proper 

parking space. Without notice, we may remove any vehicle we think is 

causing an obstruction, is a nuisance, or is a risk to the health and safety of 

others. You must not park anywhere where your vehicle would obstruct local 

roads that we manage or other vehicle access and access for emergency 

services, or cause an inconvenience or damage our land." 

No mention of permits, I wasn't in a bay 6 of the times so may not have leg to stand on there. 

Thanks I'll check the link out

While you might have been forbidden (must not) from parking outside "a proper parking space" the potentially illegal contractual risk was that your car may be removed. Nothing about any charges or penalties as observed above.

I presume your car is now back in a proper parking space and that risk has past.

If you are forbidden from doing something they can't claim you entered into a contract and became liable to charges per a PCN. It says you “must not”; that is there is no offer and no consideration, you simply must not do this.

You do have a few legs to stand on.

manooo

Right just update and a bit of advice needed guys so I had sent written complaint to the landowner of my residential car park, they advised that they are unable to cancel the charges but upon pressing my complaint further they paid out a small sum barely enough to cover 1 of the tickets.  

Gladstones sent 2 LBC's on behalf of Premier Park, for total of 2 tickets and then 8 tickets on the other LBC. I asked for SAR and followed the instructions in newbies thread.

Fast forward, August 2023 I received court claim from Gladstone's for sum of 1 parking ticket £269.12 inc court fees & legal costs. I again followed the instructions in Newbies thread, sent them my AOS after 14 days +5 and I have been preparing my defence which I am due to send off but I needed some help with my statement.

The breach they allege for this ticket is "No permit on display" - I was pictured in my bay but my counter claim is that the permit fell off on this occasion as sometimes happens when the windows are opens when its windy the reason being because the permit is not stuck on the windscreen but left on the dashboard.

My AST has no mention of permits as from above posts, what else can I add to my defence please before I send it off, as I am currently drafting.

Also I am sure @Coupon-mad has mentioned that they should consolidate all the tickets but they are only coming after me for 1 of them, is this something I should mention or hold off on?

Part 3 of my defence:

3. The defendant is a resident of the block of flats where the car park is situated. The defendant pays a considerable amount per month for a parking bay in this car park which they use on a daily basis without encountering any issues except on the 23rd of September 2022, on which the Claimant's saw it fit to issue a parking charge for 'No Permit on Display'. The defendant counters that on this occasion the permit had slipped off the dashboard of the vehicle due to taking a sharp turn on the way home causing the permit to slide off and onto the floor of the vehicle.

... Not sure what else to add? there are 4 signs in the car park all unobstructed and clear, do you think I can add something from my AST about it not mentioning permits? do I provide proof