Parking in Own Space

davids612lj

I received 2 letters from Vehicle Control Services today, with a Notice of Discontinuance attached to each one!

They've finally seen sense now that they have received my evidence bundle and Statement.

I'd like to thank each and every one of you who helped me with this.  I feel sure couldn't have got any sort of justice without your help.

Boat_to_Bolivia

Good news. Great result.

Coupon-mad

Very good news! Discontinuance = win. 

ANOTHER VCS ONE (TWO!) BITES THE DUST!

One favour please:

We need you - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £70 - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens - anticipated in a few weeks...

We need people like you and your driving family & friends to respond in high numbers!

You have a personal story x 2 to tell about the culture of greed that inflates parking charges and incentivises court as a cheaper form of debt collection than proper efforts to engage with the consumer,

I am sure you want your voice heard to stop this happening again.

davids612lj

Coupon-mad said:

Very good news! Discontinuance = win. 

ANOTHER VCS ONE (TWO!) BITES THE DUST!

One favour please:

We need you - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £70 - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens - anticipated in a few weeks...

We need people like you and your driving family & friends to respond in high numbers!

You have a personal story x 2 to tell about the culture of greed that inflates parking charges and incentivises court as a cheaper form of debt collection than proper efforts to engage with the consumer,

I am sure you want your voice heard to stop this happening again.

I will certainly do this. 

davids612lj

Can I please ask for one more bit of advice?

I now intend to fight the property management company regarding the PPC they have employed. I've read this in Practice Directions:

Discontinuance and subsequent proceedings

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

Will this apply to me? I now need to make a stand and refuse to display their permit.

Coupon-mad

Yes if there is another claim in the offing?

That is actually a good find!  Useful as an extra point to add, for other posters who are using the Henderson v Henderson defence and where the earlier claim was discontinued.

I know we have a few like that right now where CPR 38.7 may well be worth citing in a defence or WS.

Also useful for robust responses to a LBC, which comes after another claim of similar facts was discontinued by the same Claimant.

pinkelephant12

You don’t need to put up with this nonsense at your home.

What do you want to achieve for the future?  Do you want the PPC to stop monitoring your parking space completely or just stop issuing you with parking tickets?

If it’s the former, write to the property management company/managing agent and instruct them that you are opting your space out of the permit scheme, they are to notify the PPC and provide proof that they have done so.  Failure to do so may result in legal proceedings.

If it’s the latter, tell them (in writing) to instruct the PPC to add your vehicle to a whitelist and demand proof that they have done so.

In both cases, make it clear that you will sue if you receive any further parking tickets (and be prepared to do so). 

The property management company/managing agent will be jointly and severally liable for the wrongdoing of their contractor.

I opted out, received parking tickets, sued the PPC and was awarded a four figure sum in damages by the County Court in January this year for breaches of the GDPR.  My property is freehold with exclusive use of a numbered, allocated parking space, but the principle is the same.

davids612lj

I'd appreciate your thoughts on the following:
After I won my case I insisted that the PPC stopped monitoring my space in the development where I am leasehold owner of a flat.  The management company had to agree with me after I threatened them with being sued. They no longer ticket vehicles in my space.
However, they have started a scheme where visitors permits are 'for sale' to park in the visitors parking spaces.  I have refused to pay for permits as my lease states I have a right, in common with other leaseholders and subject to availability, for my visitors to park here.  
The management company insist that they will not issue permits without the payment.

Coupon-mad

You don't need permits.

How about creating your own 'visitor permits - flat xx' and emailing to show the MA s photo of them and telling them to inform their bullyboy ex-wheel-clampers that you are exercising your rights under your lease, etc.