Private Parking ticket(s) whilst parked in my own space with the pass partially visible

englishguy31

Hi all, I'm hoping you can help me. I have spent a few hours reading through the newbie thread here, however I suspect some of the actions I have taken already might have left me with fewer options than normal.

I currently rent an apartment, which comes with an allocated space. I have lived here for a few years, with the same car, in the same space without many issues.

Back in October 2023, I received 2 "PCN" tickets on my car, One marked on the Monday and one on the Wednesday (I only noticed a few days later). Both of these tickets had the contravention "Not display a valid permit". The company issuing the ticket are "MJB Facilities Management" who look to be a registered management company.

I logged into the portal to see the photos. For the first ticket, there is a few misleading photos at strange angles, however there is one close up photo of the dashboard where you can clearly see the parking permit has slipped down the dashboard so the "space number" is obstructed. It is quite clearly a parking permit for this garage though.

The second ticket has a few photos more, which clearly shows the first ticket still on the car (as I hadn't seen it yet).

I of course appealled this decision, making sure that I did not give any personal details in the appeal submission. I explained that this was my space, I had clearly used it for a long time and that you can clearly see a permit in the pictures. I copy+pasted into both appeals the same text and submitted both. To be honest, I just thought they'd drop them given how ridiclous it looks.

Fast forward to January, I started to receive letters from the company. The first letter(s, I get two each time one for each ticket) was dated 10th January and essentially says that a PCN was issued, that there are signs around the car park which set out the terms and conditions of parking and that the driver has failed to pay so they have requested the registered keeper details. (and then requesting the amount). I did not respond to this.

On February 8th I recieved another letter, saying "we are contacting you as you are liable for the above Parking Charge which reamins unpaid" and then continues to talk about full payment being needed.

On the 28th February, after reading these letters properly I reached out to the company who looks after the running of the site where I live to try and get them to just remove it given how ridiculous it is. They gave me a number for someone at MJB, who I called and explained how stupid the situation was. I sent them a copy of the letters I'd received via whatsapp and they said they'd see what they could do.

Today, 4th March, I received another letter(s) (dated 23rd February) with "FINAL DEMAND" written all over it saying : "Having failed to make any representation to us in relation to an appeal or disclose the name and address of the driver within 28 days of the date of the parking charge being served, you are now liable for the full parking charge" and then saying they will pass to a debt collection agency if nothing is done within 14 days.

I got back in touch with the contact I had who basically said I will have to appeal to popla if I'm not happy and they can't cancel it. I (stupidly?) said "I'm happy to pay £xx (the early payment amount for 1 ticket) to get it solved even though it feels a bit ridiculous" to which he has reduced both tickets back down to the early payment amount. For now I've told him I'm going to review this properly before continuing.

I feel like I might have made a mistake in making contact with them, however I've not declared any names formally.

Any help much appreciated, given that I suspect they will pass this to a debt collection agency at the end of the week.

englishguy31

Apologies, I forgot to add: I cannot find anywhere in my tenancy agreement that there are any specific rules around parking. In fact, I can't find anything about parking at all other then the below in the definitions part of the agreement.

The Premises

References to ‘the Premises’ include reference to any part or parts of the Premises and the curtilage of the same, together with the garden, garage and parking space (if applicable)

Coupon-mad

Just ignore them and stop offering money.

englishguy31

I was under the impression (wrongly maybe?) that just ignoring these isn't the right approach anymore.

Are you sure that's the right thing to do here? (especially given I've made contact with them in regards to this)

Half_way

Does it mention anything in the tenancy agreement about paying a third party for not displaying a permit?

You said the space is "allocated" how was this allocation communicated to you?

englishguy31

Half_way said:

Does it mention anything in the tenancy agreement about paying a third party for not displaying a permit?

You said the space is "allocated" how was this allocation communicated to you?

No, there is no mention anywhere of a third party, or even mention of having to display a permit.

When I first moved in, the estate agent gave me it with the keys to the property. It is "allocated" as in I have a specific space which is also indicated on the permit 

Coupon-mad

englishguy31 said:

I was under the impression (wrongly maybe?) that just ignoring these isn't the right approach anymore.

Are you sure that's the right thing to do here? (especially given I've made contact with them in regards to this)

We know what we are doing.

Obviously you don't ignore a LBC.  The NEWBIES thread tells you about every stage.

englishguy31

Coupon-mad said:

englishguy31 said:

I was under the impression (wrongly maybe?) that just ignoring these isn't the right approach anymore.

Are you sure that's the right thing to do here? (especially given I've made contact with them in regards to this)

We know what we are doing.

Obviously you don't ignore a LBC.  The NEWBIES thread tells you about every stage.

Thanks, I appreciate it and didn't want to come across like you don't know what you're doing. I spent another 2 hours reading through the Newbie thread and creating a small check list of things to read. 

My only question after all the reading is: Why do you suggest I just ignore them now and not submit an appeal to POPLA? Genuinely interested in this topic now. Is it related to the time since?

Thanks again,

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/80552536/#Comment_80552536

englishguy31

Hi all. Thanks for your help so far, especially @Coupon-mad

I followed the advice you gave. Today I have had a text message from Gladstones who are now trying to collect the debt. They reference a letter which hasn't arrived yet, but I'm sure will.

I have two questions:

1. What should I do next?
   
   
2. The only other concern I have is that the address they have is where my parents live. I'm sure at some point they may send someone round and I want to avoid they do that to this address as I'm very often not there. Is there a way to change my address with them through some kind of process?

Thanks again,

nopcns

englishguy31 said:

1. 
   The only other concern I have is that the address they have is where my parents live. I'm sure at some point they may send someone round and I want to avoid they do that to this address as I'm very often not there. Is there a way to change my address with them through some kind of process?

You need to get the notion that "they'll send someone round" out of your head. Too much "reality" tv with the HCEOs trying to enforce a high court writ. You can 100% safely ignore any debt collector letters as advised in the Newbies/FAQ thread. They are not a party to any contract you have allegedly breached between you and the PPC. They rely on low-hanging fruit on the gullible tree to capitulate when they see their letters and pay the scammers. This is proven by the fear many victims have in the erroneous belief that a bailiff can just "come round" and know on your door.

Obviously your vehicle is registered at your parents address. Do you have regular access to any post sent there. If you do receive a claim form at that address, you will have certain time limits on when you respond to it. If there is even a remote chance that you would not receive any mail addressed to you sent to that address for more than, say 10 days, then you MUST instruct the DPO of the PPC and Gladstones to rectify your data by erasing your old address and updating with your current address for service. The words are highlighted for a reason.

You are now waiting for an LoC. If/when you get one, go back to the Newbies/FAQ thread, second post, and re-read it from there.