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  • FIRST POST
    • welshkite
    • By welshkite 1st Mar 18, 12:51 PM
    • 1Posts
    • 0Thanks
    welshkite
    judgement for parking company, no permit displayed
    • #1
    • 1st Mar 18, 12:51 PM
    judgement for parking company, no permit displayed 1st Mar 18 at 12:51 PM
    Hi please can someone help, this is our last resort or we will have to pay over 4400 to stop bailiffs coming to our house. I do apologise if there are sections on the forum about this, but I can't find them and so sorry about the long post.

    We are beside ourselves with the outcome of a court case against our son who is now suffering with mental health issues as a result of **** Parking. He was renting a flat with a friend but only given one parking bay, one would park in the bay, the other in visitor parking. They were given a permit, which was subsequently lost by the friend. The parking notices started arriving here, where his car is registered, we passed them on, but everyone told him to just ignore them. The bailiffs turned up here at 6am one morning demanding over 3,000 for the CCJ that our son did not go to or offer a defence for. They were quite aggressive and threatened to take our possessions. I'm sure they can't do that but the incident was enough to send me into a panic attack, we phoned our son and by the next day it was agreed to pay the debt to stop them coming back.

    Further to this, more tickets had been issued. Together we tried to sort out the paperwork (didn't know about all the fantastic sites like this one to help We went to court for the next batch, the judge was incensed with the parking company and found in our favour. With the help of a volunteer at the family court, a letter was written to that judge (as he had advised us to do) about more outstanding tickets and got them all put into one case (the parking co were issuing tickets every day, sometimes twice so they were piling up. There was absolutely nowhere else our son could park and he was stuck with a rental agreement for a year). I was online one day and found a reference to a case in the same block of flats that mentioned about a permit not having to be displayed (tenancy over management company agreement?) We asked a solicitor for help and they agreed a fixed fee of 700 to sort the whole thing out. By that stage it seemed a good idea. We honestly thought that like the previous case, the judge would throw it out. The outcome was not good at the court in December 2017 with a different judge and a rep from the parking firm's solicitors. From the minute the judge started talking my husband knew what the outcome would be. The judge basically said it was our son's fault, he'd brought it all on himself, he should have got another permit to display, he deserved everything that was happening! Even with all the paperwork from the flat owner confirming she owned the parking bay and the parking space was included as part of the rental and nothing in there about having to display the permit, he found for the parking company and thought over 4300 were reasonable costs. A decision letter has never been received from the court (either at his old flat or here) and now the notice of enforcement has turned up here asking for a total of nearer 4500 to be paid by 12 March 2018.

    Yes, we know our son has been stupid to put his head in the sand, he knows it too and is devastated it has come to this. So, is it too late, can we appeal or is that going to cost more money, should we just pay up and move on? We don't understand how one judge can say one thing and another come to a different conclusion. The paperwork is still with the solicitor, presumably we can get all that back if there is any hope of going forward with this.

    Please be kind, we are in a fragile state from an horrific year with this and a close family bereavement. Thank you for any support or help.
Page 1
    • Ralph-y
    • By Ralph-y 4th Mar 18, 5:13 PM
    • 2,659 Posts
    • 3,346 Thanks
    Ralph-y
    • #2
    • 4th Mar 18, 5:13 PM
    • #2
    • 4th Mar 18, 5:13 PM
    bump


    Ralph
    • waamo
    • By waamo 4th Mar 18, 5:25 PM
    • 3,411 Posts
    • 4,553 Thanks
    waamo
    • #3
    • 4th Mar 18, 5:25 PM
    • #3
    • 4th Mar 18, 5:25 PM
    This is now more about bailiffs than parking from the sounds of things. Try Shiela at bailiffs advice online. Google it for the website.
    This space for hire.
    • Quentin
    • By Quentin 4th Mar 18, 5:43 PM
    • 35,912 Posts
    • 20,185 Thanks
    Quentin
    • #4
    • 4th Mar 18, 5:43 PM
    • #4
    • 4th Mar 18, 5:43 PM
    It is too late to appeal a ccj he got at the hearing last December


    He does need to take advice on how to deal with this enforcement order (or pay it if he can - enforcement costs do get added to the original amount he was ordered to pay)
    • The Deep
    • By The Deep 5th Mar 18, 8:33 AM
    • 9,514 Posts
    • 9,285 Thanks
    The Deep
    • #5
    • 5th Mar 18, 8:33 AM
    • #5
    • 5th Mar 18, 8:33 AM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

    Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas
    You never know how far you can go until you go too far.
    • jkdd77
    • By jkdd77 5th Mar 18, 9:05 AM
    • 260 Posts
    • 337 Thanks
    jkdd77
    • #6
    • 5th Mar 18, 9:05 AM
    • #6
    • 5th Mar 18, 9:05 AM
    I think the OP needs to seek urgent specialist advice on whether:
    1) the failure to receive the formal judgment order following the hearing, and/ or
    2) the son's mental health issues,
    combined with the clearly erroneous nature of the decision, might provide grounds to seek permission for leave to appeal out of time, (and, if such permission is granted, to seek a stay of execution pending the appeal).
    • Coupon-mad
    • By Coupon-mad 6th Mar 18, 12:55 AM
    • 58,549 Posts
    • 72,050 Thanks
    Coupon-mad
    • #7
    • 6th Mar 18, 12:55 AM
    • #7
    • 6th Mar 18, 12:55 AM
    We asked a solicitor for help and they agreed a fixed fee of 700 to sort the whole thing out. By that stage it seemed a good idea. We honestly thought that like the previous case, the judge would throw it out.
    Why did the solicitor not use the outcome of the previous case (the one your son won) to point out to the court that the facts in hand had already been decided by a court and that the Claimant could not have a second bite at the same cherry?

    Why has this solicitor not advised your son about his appeal options in January?

    Has anyone told your local MP about this?

    I think your son or you should email your MP and Sir Greg Knight to tell him about this one. Firstly watch the link provided by The Deep above in post #5, then email Sir Greg Knights office, not asking for help, but by way of setting out blow by blow, what has happened to your son.

    If I understand this correctly:

    1. You paid THREE GRAND to make them go away, in round one, and he got a CCJ because of it?

    2. He then defended and won a second case they threw at him.

    3. They then came back at him again and he threw 700 at it, for a solicitor to lose, despite the fact the essential issues had already been decided in his favour at a previous hearing?

    4. He is now left with the first CCJ and under threat of a second CCJ by next Monday, Jeez!

    5. And this has affected his mental health (I am not surprised!).
    Last edited by Coupon-mad; 09-03-2018 at 8:46 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Loadsofchildren123
    • By Loadsofchildren123 6th Mar 18, 10:22 AM
    • 2,140 Posts
    • 3,594 Thanks
    Loadsofchildren123
    • #8
    • 6th Mar 18, 10:22 AM
    • #8
    • 6th Mar 18, 10:22 AM
    Which parking company?


    I agree with post #6 - but it's only worth it if there is a genuine point of appeal, not just one judge said one thing and another said another. There may be a res judicata point (that the issue had already been adjudicated upon).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Loadsofchildren123
    • By Loadsofchildren123 9th Mar 18, 2:05 PM
    • 2,140 Posts
    • 3,594 Thanks
    Loadsofchildren123
    • #9
    • 9th Mar 18, 2:05 PM
    • #9
    • 9th Mar 18, 2:05 PM
    Search the forum for res judicata, it was debated recently on a thread
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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