Vehicle Control Services

Shellster · 28 November 2017 at 4:47PM

Hi all,

I am writing on behalf of my partner, who may have jumped the gun and I'm hoping there is some way to rectify the issue.

We recently moved into a new property with assigned and visitor spaces, returning to the car after unpacking in a what appeared to just be an empty bay we had a ticket, my girlfriend instantly went online and appealed as the registered keeper explaining we were there unpacking and had not parked there for more than 5 mins... This car park is always empty which is even more annoying!

Now I know from the newbie thread there are template appeals which I would have advised her to use but she jumped the gun and went ahead and replied her own way.

We received nothing until two days ago when we've now received a notice of intended court proceedings.

Saying we owe £100 and it has to be paid 4th December, is this a simple case that she jumped the gun and messed up or can I still get out of this joke of fine?

It has threat of CCJ etc, I've checked online and its a member of IPC, but would really appreciate if there is anything else that can be done.. or is because my g/f has basically accepted liability too quickly too soon without the correct template that we are done for...?

Any advice would be much appreciated.

Thanks

System · 28 November 2017 at 4:50PM

What kind of bay was it? Was it numbered or did it have a sign about visitor on it?

You could approach it as a trespass issue depending on what type of bay it was.

Shellster · 28 November 2017 at 4:59PM

there was no numbering or anything there is one sign at the entry of the car park near the first few spaces that states permits may be required, but it's not clear as to which bay needs permits and which don't...

then the rest of the bays all have numbers for for residents or there are two that have visitors marked on.. smallest white writing ever!

Shellster · 28 November 2017 at 8:26PM

Yeah just checked there is one sign in car park a out permits..

Do I just pay and get them gone for sake of £100 or do I play my chances and ignore?

System · 29 November 2017 at 6:48AM

Would suggest the Keeper makes one appeal without naming the driver and explaining the driver was in the process of unloading. There was no need to have a permit at that time, for that process. Suggest VCS read Jopson v Homeguard which explains.

You yourself should get a copy of Jopson v Homeguard and read it as it explains why a tenant/leaseholder has an implied easement that is superior to any contract while loading/unloading.

It's all down to what is a "natural" use of the space against an "unnatural" one. So loading/unloading is fine but parking/blocking in someone else's space while doing so is not. So it appears you were using a communal area as opposed to someone's demised parking area - hence the question.

nosferatu1001 · 29 November 2017 at 11:22AM

What does your rental agreement state about parking? Precise, exact wording needed. No guessing.

Unloading is not parking. This is commonly understood in the actual law - not made up PPC rubbish - for example on DYL you cannot park, but you can unload or load a vehicle.

System · 29 November 2017 at 11:52AM

Unloading is not parking

But it may be obstruction or trespass.

Vehicle Control Services

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