Residential parking fines

2cattommy

Hi,

I am due to go to court regarding residential parking fines I acquired years ago after part of my permit had slipped when driving. The permit is visible on the dashboard and says the bay number I was parked in. I received several fines and was not aware of this as there was no PCN and the DVLA was not up to date. I have thoroughly read the AST and frustratingly there is no mention of parking/shared spaces/facilities however, I have confirmation that we were given a permit from the estate agent and other evidence.

The estate agents have not been able to give me a copy of what the permit looked like.

Do you have any advice on how to bolster my case or of arguments to mention? I am at the witness statement stage.

Half_way

Can you answer this:

why do you need a permit in your own space?

and would you accept a permit to enable you to flush the lavatory after 10pm?

Gr1pr

Do not mention the words FINE or FINES, because nobody receives a fine in these cases

Magistrates issue fines, but no Magistrates were involved here

The RK received INVOICES, nothing more, so private Parking Charge Notices ( PCN's ) from a private parking company

Judges do not like to see incorrect wordings in defences or Witness Statements, especially FINE or PENALTY

So beware, use the correct terminology, to avoid trashing your case

2cattommy

Thanks very much for the comments. I was renting the property so, while I was told the space was associated with our flat, it is not entirely clear based on documentation from the letting agents.

I have used parking charges and not fines throughout the statement.

Car1980

You need the flat's lease. Ask the landlord or another owner occupier in the development.

A Sword of Damacles imposed system where you are at risk of £100 24/7 is peaceful enjoyment breach. You paiid for the use of that space.

Coupon-mad

"I am due to go to court regarding residential parking fines I acquired years ago after part of my permit had slipped when driving. The permit is visible on the dashboard and says the bay number I was parked in."

You are highly unlikely to lose at a hearing if the permit was showing all along.

How big is the £ of this court claim and which PPC and solicitor? Show us the Claim Form and the exact defence you submitted.

And have you done your WS yet? I don't mean the defence. The WS & evidence for the hearing, as per the local judge's order.

2cattommy

The permit is partially covered but visible on the dashboard. Their key argument is that the signs state the permit has to be completely visible. I am arguing that I accept the permit was not perfectly displayed, but this does not mean I was unauthorised to park. I have supplementary documentation and witness evidence which supports that I was an authorised resident displaying the permit issued.

The claim is for a four figure sum (multiple PCNs) with UKCPS being the claimant represented by ML.

Both sides have already served their witness evidence and the case has reached the hearing stage. I am not looking to rewrite the witness statement but would appreciate any final advice regarding difficult arguments I should be prepared to address from the claimant or the judge.

I'd rather not post the entire witness statement on here however am happy to post redacted extracts if there are particular sections that would be helpful.

My tenancy doesn't mention parking so I am trying to obtain a superior lease. I've chased it up but given the response so far, I'm not confident I'll receive it before the hearing/at all.

Coupon-mad

Is the hearing late next week, or later? If yes, you could add a skeleton argument attaching Chan, Akande, the Duchess of Bedford House case, Excel v Wilkinson and HHJ Moloney's transcript from Beavis.

Show us their:

• list of PCNs on their WS (cover PCN refs)
• signage pics
• WS extract talking about why you are liable despite the visible permit
• images of the NTKs, refs & data covered.

Is their witness from UKCPS or from a paralegal?

Did you park the car every time, or family?

2cattommy

Thanks for all of your help, I really appreciate it.

I was the driver on each occasion, so I'm not relying on keeper liability/POFA as a defence. Their witness is a paralegal employed by ML.

I don't want to post the exact dates for anonymity however, there were multiple charges over a relatively short period including multiple issued on consecutive days. I've attached a photo of the permit, anonymising the bay number but the permit displayed the same bay number as the bay in which I was parked. The permit appears to have slipped partially behind the letting agent's keyring on the dashboard.

I have already served a short skeleton argument, deliberately keeping it focused on the issue of authority to park. Do the cases you mention apply to this scenario where there is an authorised resident whose genuine permit was displayed but partially obscured? Do you mind explaining how they help?

Castle

The UKCPS sign has a "0870" phone number, something which was banned in June 2014, (12 years ago!).

Coupon-mad

If that's their photo of the permit then it's visible including the bay number, isn't it?

I don't want to post the exact dates

Fair enough but it was that table I wanted to see, so we know the accusation and how many and how much.

Please show that table/section in the WS that lists the PCNs but do redact dates and PCN refs.

Do the cases you mention apply

Yes.

Search the forum & read what they cover and how they will help save you over £300 even if you lose.

You need to know why - and show the judge - that adding debt recovery 'fees' is double recovery and unlawful, per Beavis and per POFA.

Those cases help with that and also to point out that the claim POC didn't plead seven dates… did it?