Private tenant PCN in own space

h2g2

@Fulhamwelsh1 These cases are bit more subtle, since they typically depend more on the specifics. Leaseholder vs. tenant vs share of freehold, for example; and what exactly is said on the deeds/land registry entries.

So I would recommend starting your own thread on it.

Le_Kirk

Agreed, it is difficult dealing with two posters on one thread, even if they are ostensibly the same or similar

Coupon-mad

walrusbee_noodle said:

Would you mind sharing the thread where the judge ruled in favour of the PPC? I was reading up parking-pranster's blog and was assuming that primacy of contract would be in favour of the defendant but would like to contrast their case with mine (sorry if misunderstood the content).

Fulhamwelsh1 said:

This has been an interesting thread. I thought I would be the only one on this Forum who was a resident in car park covered by a private parking company.
3 years ago, I was an owner/occupier in an apartment block, where every flat had a designated bay. No permits were needed. Then a problem of some non residents using one or two bays to park their car, before walking the 100 yards to the beach, for the day. To try to combat this, the managing agents started to issue parking permits for the residents, although they were not specific to any particular bay. by and large, each resident would park in their designated bay, but occasionally, would park elsewhere if a visitor had 'nabbed' their bay. It worked very well.

Then, almost overnight, Alliance Parking had become the company overseeing the parking. Permits then became designated and signs were put up around the 2 carparks. There was also an underground, gated carpark for the owners of the penthouse flats, who had two bays each. entry was only by a fob key.

It was quite clear that Alliance saw this arrangement as a chance to make money, from the residents. The conditions to park, said nothing about who could use the bays and everything to do with 'catching out' the residents. Park straight, don't park on the line, display your permit, that type of thing.

They were not contracted to manage the carpark, they just kept any money made from fines. I think you know where I'm going with this.

Instead of working for the residents, they worked against them. Most tickets issued were to the residents, very occasionally, a contractors van may have been ticketed. They checked the carpark at least twice a day, sometimes more and often late at night, 9 and 10pm.
 
The non-resident parking issue was very small and certainly did not require that level of monitoring. I was issued with several PCN's in one week, which I will not bore you with, now. I appealed against them, which was turned down.

 I have done nothing since and have not paid them. The PCN's go back to 2021. Am I in doo-doo, or do I have a chance of winning, if I am taken to court.

I have been receiving quite aggressive letters from Trace Debt Recovery.

Sorry if this is very long winded, I was trying to provide as much info as possible.  

BOTH OF YOU:

Read this hearing outcome. Then read the whole thread:

https://forums.moneysavingexpert.com/discussion/comment/81288166/#Comment_81288166

Of course almost all residential cases are won by Defendants (losses are very rare and I hope the person who lost last month is appealing that extraordinary fudgement).

You can ignore threatograms from Trace.

You should complain to your MAs and (both of you that I've quoted) each ask your constituency MP to assist with the complaint and to raise the matter of residential parking scam regimes, in Parliament.

Fulhamwelsh1  start your own new thread either now or when you get a LBC from Moorside Legal.

(Please don't reply here about your case).

walrusbee_noodle

Good evening - after a few months of threatening letters from trace/moorside, I've received a letter of claim from moorside demanding for a response in around 20 days time (don't know why the letter arrives a week late from the date on the letter!)

There is a reply form enclosed, but I think from the 2nd post I shouldn't be using it to respond?

Thanks!

Coupon-mad

Just do what the NEWBIES thread says (by email) but please don't copy & paste the standard reply here, nor show us Moorside's standard reply later this month either!

We never want to see their stuff at pre-action stage; just search the forum for a phrase from their rubbish drivel. Sit tight.

Read a few threads ahead of you in the tedious Moorside Legal process.