Parking ticket

danbevan86

I rent a flat in an apartment block with private underground parking for which I have an allocated parking space for. Since living there I have parked in the space allocated to the flat that I rent. After 6 months they put up notices saying that Excel parking would be managing the car park and that cars were required to display a parking permit. I requested a parking permit from the estate agents who manage my tenancy. They were late giving me the permit and as a result I had a ticket on my car and have been given a fine of £60 from Excel parking. I have appealed the fine by saying I was still awaiting a permit by they have rejected my appeal and say that the fine still counts and they have since added further costs to the fine. I have contacted my estate agent who say that it is not their problem and are unwilling to get involved or pay the fine. Excel parking have since referred the fine to a legal company who have added their own legal costs. Is there a way of getting out of this fine? 

Coupon-mad

It's not a fine.

Of course you don't pay Excel nor respond (AT ALL) to any inflated debt demands.

This is a self-help forum with a wealth of resources and info to read that you will learn from.  You don't seem to have yet read NEWBIES PLEASE READ THESE FAQS FIRST (an Announcement thread at the top, in capitals) nor any other residential threads ...there are at least two with replies today.

My signature (below) explains where to click to get straight back to page one to read the relevant threads. No links needed.

danbevan86

I took these photos of signs that were displayed in my car park, the first one has been there since the start then after 6 months the other sign was also added. Both signs are still there however I would say that both signs contradict each other, one saying the parking space is the private property of the flat, the other sign saying that the parking space is managed by Vehicle Control Services Ltd. I havent signed anything to say I agree to this change and my car parking space is part of my tenancy agreement with the estate agents.

  

danbevan86

Coupon-mad said:

It's not a fine.

Of course you don't pay Excel nor respond (AT ALL) to any inflated debt demands.

This is a self-help forum with a wealth of resources and info to read that you will learn from.  You don't seem to have yet read NEWBIES PLEASE READ THESE FAQS FIRST (an Announcement thread at the top, in capitals) nor any other residential threads ...there are at least two with replies today.

My signature (below) explains where to click to get straight back to page one to read the relevant threads. No links needed.

Thanks for your reply, will read the other threads, apologies it wasnt Excel parking it was Vehicle Control Services. They have since referred this to ELMS Legal who have sent a notification of instruction and have been instructed to recover the costs. I have also since been sent a claim form from the County court business centre which I am anxious about.

Not_A_Hope

Your tenancy agreement takes primacy over any silly signs a PPC may put up as far as any court is concerned. Check exactly what it says (or doesn’t say) in respect of parking or needing to display a permit. The PPC and any debt collectors may huff and puff demanding payment but I wouldn’t pay them anything unless they were daft enough to take it to court where they would probably get spanked. Have a look at many other residential own space threads on the forum

Coupon-mad

I have also since been sent a claim form from the County court business centre which I am anxious about.

Right.  We can assist.  You MUST deal with that and defend properly. We do these cases every day.

What is the date of issue of the claim form?

danbevan86

Ok thanks so the date of issue of the claim form is 29 November 2022.

KeithP

danbevan86 said:

...the date of issue of the claim form is 29 November 2022.

With a Claim Issue Date of 29th November, you have until Monday 19th December to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 3rd January 2023 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Mouse007

You have a 100% winnable case here.

It is simple and clear - primacy of contract, your lease trumps anything on a sign.

Unfortunately you will have to go through the mill and nail the issue. I am doing the same for my son.

Read this

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

and this

http://parking-prankster.blogspot.com/2017/06/residential-ticket-only-cancelled-after.html

I drafted my son's defence

and then his witness statement

Please trust us -  you can win this. VCS are scum.

Umkomaas

You mentioned Excel in your opening post, but the sign states VCS. They are 'sister' companies.

On your County Court Claim form, who is shown as the Claimant - Excel or VCS?

Do you have any correspondence at all from Excel?

There have been cases previously where the names have been muddled, which has helped the Defendant succeed. 

danbevan86

Umkomaas said:

You mentioned Excel in your opening post, but the sign states VCS. They are 'sister' companies.

On your County Court Claim form, who is shown as the Claimant - Excel or VCS?

Do you have any correspondence at all from Excel?

There have been cases previously where the names have been muddled, which has helped the Defendant succeed. 

Apologies, I mentioned Excel by mistake, the company was VCS. I dont believe I've had correspondence from Excel.