Parking on own parking space

Sam_Genie

Hi,

Please can someone advise with regards to my legal stance on receiving 4 parking tickets from NPC for having parked in a gated car park for our development in my own spot for which I have paid to purchase. These were issued on 4 days during 1 week in Dec 2022 whilst my wife did not display a resident parking permit due to being at home in bed with COVID (fit note to prove). This permit system was introduced over 1 year after purchasing the spot (or use of the spot). The initial flat purchase lease does not state any parking permits etc. I appealed all 4 but 3 went onto Notice of intended prosecution & final notice of debt recovery etc. The fourth & first one issued was canceled after requesting with our concierge of my dilemma. The concierge said they have requested the cancellation of both parking tickets (this was when I received 2 so far) hopefully, you not receive any more notices from NPC. A week later this changed to 'I am sorry NPC will not change their mind on the remaining 3' of the initial 4 tickets.

I then sought legal advice & informed the concierge I was withdrawing all implied access to my parking space to them, their employees, agents, and subcontractors (including but not limited to NPC Ltd), and that any future incursions onto this land, including for the affixing of speculative invoices to any vehicle parked in this space, will be deemed as trespass and action may be taken against them accordingly, any further correspondence in relation to any such speculative invoices will be deemed as harassment and legal action may be taken against them. referring them to Ferguson V British Gas Trading Ltd.

This did not go down too well with our concierge & they washed their hands of this & replied NPC doesn't inform them of any decisions they make and they will contact me on the next step. They have no say in what they decide as they have total control.

This obviously contradicts previous emails stating they would cancel the initial 2 of which 1 they did cancel & I have never received any further correspondence.

Also, I was told by a barrister that I would be better off taking this case to trial & not paying the 3 x PCN, and ignoring all correspondence for payment, which I have done so far.

Now I have received a letter of claim which I will attach.

DO I wait till it goes to court or send a SAR & email a robust response? 
Also, do I get the management company (Concierge) on behalf of the landlord to have a word with NPC again or not?

Thank you all in advance for your time!

Coupon-mad

The current advice is NOT to send a SAR. See NEWBIES thread for what to send.

This is correct, good to hear:

I was told by a barrister that I would be better off taking this case to trial & not paying the 3 x PCN, and ignoring all correspondence for payment, which I have done so far.

Le_Kirk

Sam_Genie said:

They have no say in what they decide as they have total control.

That makes no sense!  Who is "they" and are all three "they" different?

UncleThomasCobley

It's DCB Legal... just wait for the claim form with the woefully inadequate PoC and defend using the template defence with the CEL v Chan judgment at the beginning. It will either get struck out at allocation stage or they will discontinue.

They really don't want this to get before a judge unless they are so intellectually malnourished, that they think a spanking from the court is somehow good for their already trashed reputation.

Sam_Genie

I have just checked the concierge email and that is what he stated, I'm guessing he was referring to the different people in concierge (the management company). All 4 initial PCN where from NPC.

Sam_Genie

obviously, they as in the concierge (management company) on behalf of the landlord do have say as they managed to cancel the 1st one

UncleThomasCobley

You should also let the useless management company know that they are jointly and severally liable for the actions of their agents and so can expect to be called as witness in any court claim from their agents.

You should highlight the fact that they have allowed their agent to breach the terms of your lease, in particular as it refers to the The Landlord & Tenant Act 1987, Section 37 5(a) or 5(b). Because of this, they should pass on letter to their legal advisors.

 You could try a counterclaim against the PPC for trespass and the management company for breach of The Landlord & Tenant Act 1987.

1505grandad

For information and may be of interest  -  similar but not a precedent:-

https://www.contestorlegal.co.uk/blog-3/parking-battles-how-one-tenant-outsmarted-parking-and-property-management-ltd-with-wit-and-grit

"A Clear Victory: Given that our client had an unfettered right to park before the parking management system was introduced, the parking management did not provide any benefit to them. Without consideration, a legally binding contract under English law was not formed. BW Legal received a timely refresher on the fundamental principles of contract law.  As a result, the claim was dismissed, and PPML was ordered to pay £560 in costs."

Half_way

As for the above posts, there is "no" you should let the management company know, this is a must tell them they are jointly liable including but not limited to any breach of GDPR for un nessecery data processing, your time and all other costs

Sam_Genie

Thanks just emailed them lets see what they say will update