Loading activity in no parking turning circle

ihateparkingtickets

Hello fellow forumites,

I left my car unattended for 15 mins to complete a loading activity (I have evidence in a whatsapp trascript) in a 'drop off' turning circle outside a large residential apartment block early in the morning before 9am on a Sunday when it was not causing any obstruction as it was very quiet with no other cars at the time. This was the closest location which made the loading activity much more manageable, the apartment was on the 31st floor so it wasn't an easy task. I spoke with the concierge and apparently there is a loading bay somewhere perhaps outside a different block but signage for that was not clear and I was in a rush, she gave me the estage manager's number who I plan on complaining too.

Is there much more I can do here? I've searched the forum for a similar scenario but can't seem to find anything after a browse. Not sure if I would have a good chance with court as they've sent a letter of claim so based on the newbie forum, I expect CPMS to take me to court. Letters were from BW legal.

Any advice would be greatly appreciated.

Thanks

Coupon-mad

If this was marked as a drop-off area then you were dropping off!  Jopson v Homeguard applies.  Every chance of a successful outcome.

Respond robustly to BW Legal.

Umkomaas

I spoke with the concierge

'Concierge' is a term often used in the context of residential blocks in Scotland. Could you confirm whether or not the parking charge relates to Scotland?  Long shot on my part, but there is quite different advice if Scotland is involved, so worth just asking the question, as no location has been mentioned in your post. 

KeithP

Google/wikipedia doesn't know about any residential building in Scotland with 31 or more floors.  

ihateparkingtickets

Coupon-mad said:

If this was marked as a drop-off area then you were dropping off!  Jopson v Homeguard applies.  Every chance of a successful outcome.

Respond robustly to BW Legal.

Thank you for your super quick response and advice. Note that I am not a resident in this building but it is a good friend of mine, not sure if that would make any difference.

Please can you advise some high level points to cover in my response to BW legal? And would I need to request a SAR?

ihateparkingtickets

Umkomaas said:

I spoke with the concierge

'Concierge' is a term often used in the context of residential blocks in Scotland. Could you confirm whether or not the parking charge relates to Scotland?  Long shot on my part, but there is quite different advice if Scotland is involved, so worth just asking the question, as no location has been mentioned in your post. 

Thanks for your response. The parking charge relates to a residential development in Manchester City Centre. So you think it is a long shot taking this to court even when using the Jopson v Homeguard case as advised above?

Coupon-mad

If you mean are your chances a long shot, absolutely not, especially with Manchester Judges who are generally well aware of the scam of the parking industry.

You just need to write a response to BW. It won't stop them BTW, court will still follow.

ihateparkingtickets

Coupon-mad said:

If you mean are your chances a long shot, absolutely not, especially with Manchester Judges who are generally well aware of the scam of the parking industry.

You just need to write a response to BW. It won't stop them BTW, court will still follow.

That's good to know. I mean this is why I am here, I am tired of being held to ransom over parking tickets most of which have been in Manchester. I will draft a letter and post it here before sending to BW, please can you provide some comments?

ihateparkingtickets

So I have an update on this... I managed to make contact with the estate manager who I proved I was only loading for approx. 15 mins using a whatsapp transcript with my friend I was carrying out the loading activity for along with the time stamped photos from the CPMS charge. He was very understanding and agreed that this was the easiest/most logical place to load for difficult items to the apartment block in question and appreciated I was only 15 mins. He said he would try to clear this with CPMS and sent me an email to confirm he had done this along with the response from CPMS who essentially said they would sort it. I have since recieved a reduced settlement from BW legal for £60 (down from £160) which I assume would cover their legal fees. So my question is should I pay it?

To give more context, I missed the original appeal window as I moved address and did not get the notification of charge from CPMS until the appeal window had passed and started getting letters from BW legal. I did not update my V5C until a couple of weeks after moving hence why the letters were sent to my old address and these were not forwarded to me in time. Surely they would not take me to court now anyway?

Umkomaas

Surely they would not take me to court now anyway?

Most times all the threats of court, including issuing of a court claim with the necessity for it to be defended fully by the motorist, are just that - threats, designed to part you from your money.

Even if they did go 'all the way', Jopson v Homeguard would crush them.

I'd go back to the estate manager and ask him exactly what he asked of the PPC, because your understanding is that he'd 'clear this with CPMS and they would sort it'. Sending you a fresh charge for £60 is not your understanding of him 'clearing it' and them 'sorting it'!

BTBATOG

What he said ^