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Private Parking Company threatening Court Action / CCJ

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  • Private Parking Company threatening Court Action / CCJ

    Good Morning to you all...

    I am wondering if you can help me. I have been issued several tickets by the parking company who manage the block where I live. I have a designated parking bay which I pay for however the pipe above my bay often leaks on to my car. I have parked in the bay next to mine to avoid damage to my car (its an allocated bay however for the 3 years I've lived here, its never been used). When I parked in this bay I was issued with a 'penalty' notice on 2 occasions. On other occasions I have parked out on the forecourt of the parking area. There are spaces for about 8-10 cars for loading for up to 30 minutes. I have used these bays on evenings and weekends mainly, as I wanted to avoid disrupting deliveries during normal working hours. I haven never parked to obstruct anyone in anyway. I have to be honest there are some signs up regarding parking so I can not use this as a defence.

    Anyway I have ignored all letters / charges etc from the parking company as I was advised to do this by a colleague at work who seemed to know a lot about private parking fines. The charges were excessive £100 each. Each letter from the company was set out as a penalty notice with red writing and intimidating language 'blacklisting' 'CCJS' 'Court Action' etc. The company are aware I live in the building as they have my address. They have never written me a letter instead they send these automated notices and letters from their solicitor.

    Until this week when I received a letter from the parking management company stating that they have issued

    ''...6 Parking Charge Notices and you have failed to respond to any correspondence which has been issued. If the total payment of £600 is not received within 14 days of the letter they will commence court proceedings to recover all outstanding debts and additional costs of £180.00 through the County Court Bulk Centre. The account created on your vehicle holds numerous correspondence and attempts of settlement, all of which have been ignored. This information together with our photographic and PCN documentation will form part of our claim and evidence against you.''


    Obviously I am concerned as I do not want CCJ. I dislike this company as they send numerous threatening letters which appear to be 'penalty' notices .. in addition to this I have received letter from their solicitor however I suspect the letters are not sent from a genuine solicitor and have been sent to scare me.

    There is clearly an issue with an ongoing leak from my bay. You can see the water damage on the floor which has created a massive puddle where I park. I have reported this to the building management company however it has never been resolved - I reported this verbally. It has stopped leaking over the last couple of weeks but I suspect it may be down to the warmer weather we have had.

    I am just wondering if anyone is able to help. I don't have £600 to pay these parking fees and honestly I don't think it is fair. In addition I've researched online re: private parking companies and I don't like the way these parking companies try to bully people with unfair or excessive charges.


    Please help!

    Kind Regards

    Miss-
    Tags: None

  • #2
    Re: Private Parking Company threatening Court Action / CCJ

    Are all the original notices the same ?

    Can you post one up ? A copy of the signs too and the relevant section from your lease.

    Sanitise all documents so we can't identify you.

    M1

    Comment


    • #3
      Re: Private Parking Company threatening Court Action / CCJ

      Hello M1

      Sorry I didn't realise you had replied to this thread otherwise I would have come back to you a lot sooner. Thank you for taking the time to respond to me.

      I have most of the letters so I will post copies of some of their fines - they actually send a reduced fine later and then a pre court fine letter (I think). I believe all of the original notices are the same.

      I don't have a copy of the lease. My Landlord owns the space and I rent it from him.

      I'll post copies this morning,

      Miss-

      Comment


      • #4
        Re: Private Parking Company threatening Court Action / CCJ

        The lease is quite important as it no doubt gives you rights and i wonder if it allows you a right to park in a particular space only or requires use of a permit. The landlord or management agents don't always agree with the lease and the lease over rules them.

        M1

        Comment


        • #5
          Re: Private Parking Company threatening Court Action / CCJ

          Hello again ,

          I can ask my landlord for a copy of the terms and conditions of the lease.

          I do have some letters - the original notice, a pre court notice letter and another letter to advise they are combining my car parking fines and referring to court.

          However, I am not sure how to upload them on here..

          Comment


          • #6
            Re: Private Parking Company threatening Court Action / CCJ







            These are the letters relating to my parking tickets for parking in the bay directly next to mine. You may be able to see of their photo there is water damage on the floor in the bay to the left. This is my parking bay and the reason why I opted to park in the bay next to mine.

            Comment


            • #7
              Re: Private Parking Company threatening Court Action / CCJ

              The original notices could be a key piece of evidence too.

              M1

              Comment


              • #8
                Re: Private Parking Company threatening Court Action / CCJ






                I have attached a copy of a parking ticket. This is the ticket issued for parking in the guest bays to the front of the building. The notice comes in this yellow packet saying 'PARKING CHARGE NOTICE'.

                I have also taken a photo of the notice in the car park. I probably need to get another photo of the notice near the guest bays because these would have a different restriction

                Comment


                • #9
                  Re: Private Parking Company threatening Court Action / CCJ

                  Can they possibly know who was the driver ?

                  Did they ever send a notice via the post ?

                  M1

                  Comment


                  • #10
                    Re: Private Parking Company threatening Court Action / CCJ

                    There is CCTV for the parking and entire block so I don't think I would be able to get away with denying it was me.
                    I received the letter entitled 'FORMAL DEMAND' in the post which I assumed was a notice?

                    - - - Updated - - -

                    Also I was reading on another blog/forum that charging excessively is illegal. Most of my charges are on a Sunday or in the evening when it is free to park on the main road, Could I use this to form part of my appeal?.

                    Comment


                    • #11
                      Re: Private Parking Company threatening Court Action / CCJ

                      They won't have access to the cctv and it's probably been scrubbed by now so that is probably not an issue.

                      That info is handy when arguing that the charge is extravagant and unconscionable.

                      At the moment you're way outside the time for appeals etc so it's really going to come down to defending a court claim by the look of it (if they do go to court).

                      Did you ever get any notice to keeper through the post ?

                      M1

                      Comment


                      • #12
                        Re: Private Parking Company threatening Court Action / CCJ

                        Ok thanks that is useful to know.

                        Will I have issues defending a court case as I haven't replied or acknowledged anything from this parking charge company?

                        I haven't received a notice to keeper in the post, I've only received the letters which are uploaded.

                        Comment


                        • #13
                          Re: Private Parking Company threatening Court Action / CCJ

                          Depends how good they are, the judge and their case.

                          Contact the management company for the property and get your space fixed. If needed tell them if you lose you'please have to sue them to recover losses for the unusable space

                          M1

                          Comment


                          • #14
                            Re: Private Parking Company threatening Court Action / CCJ

                            Thank you! I'll be sure to follow this route.

                            I've received another notice from the parking company regarding letting me know they are willing to reduce the fees for the parking notice as an early settlement. I'll just keep everything on file and hope they don't bother with a court referral.

                            My bay is no longer leaking! so I'll keep an eye on that too!!

                            Comment


                            • #15
                              Re: Private Parking Company threatening Court Action / CCJ

                              Good Morning,

                              I have received court papers on behalf of the parking company. I am bit surprised as they have not attached any solicitor costs in their particulars of claim.

                              The amount they are claiming for £613.91 and court costs of £60.00.

                              I have filed out the form to confirm that I intend to defend my claim.
                              I am wondering if it is worth me writing directly to the parking company to confirm I will be defending my position because of the water damage to my car. I doubt they will withdraw at this stage however it may look my favourable for me when I attend court?

                              Comment

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