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Private Parking Tickets - Park Direct UK & Gladstones
d11fdj
post Mon, 19 Mar 2018 - 23:00
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Dear all,

Looking for some advice. I have received a number of private parking tickets from Park Direct UK, over the last year, and ignored all of them. I would estimate I have received a total of 6 separate tickets. They have all been issued for parking on the ground of a house on private land, on a private street that runs parallel to a council street. I own a property, and live on this private street. Let's call my apartment block 'Block 1'.

However, the freeholders of the building next to mine (Block 2 on this private land) have subcontracted their land to Park Direct UK, who proceeded to a) draw several parking spaces outside of their building and b) issue tickets to any cars parked in these spaces.

Note: whilst approx. 4 of these tickets have been correctly issued, approx. 2 were issued to me whilst my car was parked outside the land of my building i.e. Block 1 (and not in the land of the neighbours, Block 2). Furthermore, cars belonging to the neighbours have occasionally parked outside Block 1. Efforts to reason with the neighbours have fallen on deaf ears, given they have entered into a contractual arrangement with Park Direct UK.

I would argue that signs are well positioned and visible. However I have ignored all the private parking notices, and subsequent debt collection letters as a matter of principle (see above parking situation with the neighbours), and because I did not expect them to proceed to court.

I have now received a letter from Gladstones Solicitors, referencing Beavis vs. Private Eye (2015) and stating their client (Park Direct UK Limited) has the option to commence proceedings in the appropriate Civil Court. The payment they are seeking is £320, which I believe is the sum of 2 tickets. There may be more that are working their way through the system (to reach a total of 6).

What would you suggest I do at this point?

Thanks in advance,







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post Mon, 19 Mar 2018 - 23:00
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Eljayjay
post Mon, 19 Mar 2018 - 23:35
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What sort of letter have you received from Gladstones? Is it a final reminder? Is it a letter before claim?

Post it after redacting anything and everything personal.
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nosferatu1001
post Tue, 20 Mar 2018 - 10:37
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Do the freeholders of the block also have freehold to the car park, or is this common to the whole development?
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Jlc
post Tue, 20 Mar 2018 - 11:11
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QUOTE (d11fdj @ Mon, 19 Mar 2018 - 23:00) *
I would argue that signs are well positioned and visible. However I have ignored all the private parking notices, and subsequent debt collection letters as a matter of principle (see above parking situation with the neighbours), and because I did not expect them to proceed to court.

Principles can be expensive - this company can be litigious and multiple tickets always excite them.

Ignoring is not generally recommended (it doesn't look good in court as have given them no option). But your own post seems to accept that the majority were issued 'correctly'. Obviously, paying them will resolve that matter. But I suspect that's not what you wanted to hear.

However, with a defended case all is not lost and there may be angles to attack.

The main party in town though is the tickets that were issued on your space - for which they do not appear to have any authority to do so? At the very least you need to let them know that they are trespassing on your land and they must cease and desist immediately (as well as cancelling the relevant tickets). Unfortunately, that probably won't stop the barrage of letters and potential claim. If you are definitely in the right then you can seek an injunction.

This post has been edited by Jlc: Tue, 20 Mar 2018 - 11:12


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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d11fdj
post Tue, 20 Mar 2018 - 11:33
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QUOTE (nosferatu1001 @ Tue, 20 Mar 2018 - 10:37) *
Do the freeholders of the block also have freehold to the car park, or is this common to the whole development?


The freeholders of the block also have freehold to the land directly outside of their block. Imagine a private street with 20 blocks. Block 2 (the neighbors) own the land outside block 2, which has approx 4-5 parking spots.
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nosferatu1001
post Tue, 20 Mar 2018 - 12:50
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OK, so it will really come down to signage, and whether they complied with POFA

Did they? Do they claim "Keeper liabiltiy"? If you dont know, or know the terms, then you need to get out your thread and research them. You also need to ensure noone reading this thread can work out the identity of the driver. The person parking the vehicle is" the driver". The Keeper, well thats you. They could be the same person, but they cannot prove that unless you tell them....

I say this, because you know there are parking restrictions there, and with multiple tickets signage is less likely to be a get out. It would still be good to see them - they might not offer parking, for example, but ins tead forbid it.

If you dont want them parking outside YOUR property, then Id suggest bolalrds you can remove. Mark out suitable spaces for the owners, install the bollards and give a key to each person. Done .

For the tickets where they have trespassed - write to them, stating for PCN ref X and Y these were issued on land owned by you, and as such is indicative of trespass for which they have helpefully already valued their trespass at £PCN VALUE. State they have ONE chance to cancel these PCN, and udnertake to never fraudulently claim you owe money for parking on land owed by you again, else your next action will be a court claim for trespss, harassment, breach of DPA (they never had rights to obtain your DVLA Keeper details) in the sum of £XXX and will seek an injunction against them.

Do the freeholders have a Managing company / RA / similar? They should do. As that will be the entity that hired the parking company, I would cc them into the letter, and state as such in the letter, and state the injunction and claim will be against BOTH companies (as the freeholders are the principal in this, the PPC is a mere agent) as co-defendants.
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d11fdj
post Wed, 21 Mar 2018 - 10:34
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QUOTE (Eljayjay @ Mon, 19 Mar 2018 - 23:35) *
What sort of letter have you received from Gladstones? Is it a final reminder? Is it a letter before claim?

See attached

Post it after redacting anything and everything personal.


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nosferatu1001
post Wed, 21 Mar 2018 - 10:58
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Oh for...

THat letter isnt from Gladstones. If you had looked in other threads you would have seen this

The clue is - youre told to pay DRP.

Debt Collectors. NOT GS

Ignore the letter. BUt Id still gather your pictures just in case.
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