Residential private parking on non marked bay court claim, Private Parking fine Court Claim Options

[modi]

Hi All

we need a advise regarding Court claim received from Gladstone.

We are the leaseholder of residential block. There is a marked parking bays and non marked space where other residents parked too.

In the past I have contacted property manager and get it cancelled the parking tickets from UKCPM. 2 months before I received a letter from Gladstone about the letter before action and I thought tickets were cancelled so did not give attention but we received court claim letter dated 08/09/2021.

I have try to contact property manager but it seems she is on annual leave.

what option we have, can we disagree and returned back on court address ?

I am in process to find and attached all the communication we have regarding this.

All feedbacks welcome.

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[modi]

total claim is for 4 PCNs

they made it as follows :

£100 per notice = £400
£70 additional cost = £280
any additional cost till date ?

[modi]

Hi All

update from court.

district Judge consider the matter and has directed that the forthcoming hearing adjourned owing to lack of judicial resources and new date will follow shortly.

[nosferatu1001]

Get your WS in. You're still acting contrary to the courts order. Do not argue this point. Just do it

Obviously you know how to argue away the debt costs? Covered in every thread.

[modi]

Hi Nosferatu1001


How do I below point in my WS ?

Yes, and? A common area that can be parked in is not a parking space allocated or intended and so the op can park there.

[nosferatu1001]

You assert that you had a right to park there, as it was a common area that hadn't been allocated to anyone else.

[modi]

Great Thanks for the calrification

[hcandersen]

Yes, and? A common area that can be parked in is not a parking space allocated or intended and so the op can park there.

Explain better.


From Schedule 2 to the posted lease:

4. (doesn't apply as the OP does not have an allocated 'parking space';
5. Not to park on any part of the estate a commercial vehicle exceeding 15cwt(unladen weight) except when this is due to the temporary use of delivery or removal vans;
6. Except as permitted under para.5 above not to park or allow to be parked any vehicle anywhere on the Estate except on the parking space(if any) over which the Leaseholder is granted the right to park under this lease.

Could not be clearer.
No parking space = cannot park anything anywhere 'on the Estate' except when this is due to the temporary use of delivery or removal vans;

Does the OP have an allocated parking space? No.
Was the vehicle in question a commercial vehicle? No.

And if one adds to this the numerous previous PCNs as a consequence of which the OP would have been informed why they were issued, the presence and contents of the signs and their attention drawn again to the Estate rules!

IMO, any defence to the issues of the contravention would fail. Let's hope other factors come to their rescue.

I hope this explains my assessment better. If anyone believes that the OP is permitted to park in 'common areas' and that these are not part of the 'Estate' would they refer to the lease please.

I don't believe that given the specificity of Schedule 2, this part of Schedule 3 can be expanded to contradict the former:

'At all times to use the 'Common Parts' for all purposes incidental to the occupation and enjoyment of the Premises'

This post has been edited by hcandersen: Thu, 7 Jul 2022 - 16:28

[nosferatu1001]

The fact the pcns were previously cancelled indicates otherwise , to me.

[hcandersen]

The fact the pcns were previously cancelled indicates otherwise , to me.

Then the OP needed only to knock on the 'property manager's' door and exercise their rights.

[nosferatu1001]

They did. Didn't you read?

[hcandersen]

For the PCN in question, not historical ones.


If the facts are the same regarding those PCNs cancelled extra-procedurally and the ones in question here and if the driver had an absolute right granted to them under their lease or any other binding agreement with the landowner then they're in the clear; those rights could have been asserted earlier and we wouldn't be here.

But no evidence has been adduced to this effect.

IMO, there is no way that any general provisions regarding 'common parts' take precedence over absolutely specific provisions regarding parking.

But let's see what unfolds procedurally.

This post has been edited by hcandersen: Fri, 8 Jul 2022 - 09:18

[nosferatu1001]

They emailed the ma same as alwsys and didn't chase.

[modi]

Hi Nosferatu1001 and hcandersen


Many thanks for insight.

Till date other other people parked their car.

One day, I saw a warden and question about the how this is work, he replied - If you park on marked bay without permit, we take pictures and pass it to office. I asked specific about space in question - he replied, He don't take any steps on that particular space. He was not aware of other wardens.

So its up to the warden.

I wonder IF I ask UKCPM to provide record for last 4 year about , How many notice issue, How many of them paid, how many went to the court and what is outcome from court ?

UNDER FOI

[DWMB2]

UKCPM are a private company so you can't use FOI to get that information. That others have or have not been charged would not necessarily add too much weight to the circumstances of your case, but what the warden said to you could be useful, depending on what he actually said.

It seems he didn't explicitly say you could park there, but saying that enforcement is not carried out in the location where the vehicle was parked does imply it's not prohibited.

[modi]

Hi DWMB2


Thanks for your reply.

Yes, He said they have 15 warden in this area and different shifts so one of them come and look around.

They also cover the Atlip road where there is a Gym and Banquet Hall. sometime if they were busy Security guy advise customer to park on road and many people get notices. I saw here one of the case was won in court.

Since we moved to the property, I see everyday there is a queue of same cars parked at same place and wonder is everyone getting a ticket and how many of them are paid or avoided.