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Harassed for ticket issued in error

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  • Harassed for ticket issued in error

    Hi All,

    I received two parking tickets in error on my estate in February because I was parked outside the confines of my car park space owing to a leak in the ceiling above.

    It had previously been agreed that I could park in this manner and the estate management had advised the private car parking company being used at the time at the time not to issue tickets because of it.

    Having received two tickets in the post, I passed these to the estate management team and they duly contacted the company who issued them, requesting they cancel the tickets in February, shortly after the tickets were issued.

    Unfortunately, the estate management team have recently replaced the company who issued me with the tickets with another and the former company who issued me with the tickets are totally ignoring the estate management’s emails.

    I have not only now received a pair of ‘letters before action’, but the debt has since been passed on to a debt recovery company who have, so far sent me four letters requesting payment before the option of either paying, or the suggestion that the debt recovery company’s client may take court action.

    Since the tickets were issued, the estate management team have been emailing not only the company responsible for issuing them after each piece of correspondence has been received, but also the CEO of it and neither is responding.

    I have been receiving correspondence in one way or the other since February and am becoming pretty distressed by it all, to the point where I am beginning to feel harassed.

    Please could someone offer me some advice on what I can do?

    Many thanks,

    J

    Tags: None

  • #2
    Hi JMJ

    You can safely ignore the 3rd party debt collctors.
    Google 'Privity of contract'.

    Key to this could be your tenancy/lease agreement.
    What does it say about parking & also peaceful/quiet enjoyment of the demised premises (or similar)?

    Do you still have the postal notices to keeper (& if relevant, windscreen notices to driver.)?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Hi CharityNJW,

      Many thanks for for your response.

      I still I’ll have all copies of the correspondence, as does the estate management team who are in agreement with me.

      I’ll have to root through my files to establish what the tenancy agreement, but I know it doesn’t mention the parking space - long story, but I have a blue badge and it is a disabled bay! They way in which the managing agent distributed these was rather advice, although it is allocated to me and me alone by way of a registered permit,

      Thanks so much again,

      J

      Comment


      • #4
        Excuse the few typos in my last post, not sure how to edit from my phone!

        Comment


        • #5
          Originally posted by jmj View Post
          Excuse the few typos in my last post, not sure how to edit from my phone!
          No probs.

          We may as well go the full monty.
          Could you post up pics of any postal notices to keeper (& if relevant, windscreen notices to driver(s))?
          Front & rear, redact personal info but leave all dates & times visible.
          Plus pics of the site signs.

          Have you ID'd the driver? (In writing)
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            rights to park in a lease or tenancy trump parking restrictions generally on private land, theres been plenty of cases on this too so you may well have a good shout at fighting this.
            I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment

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