bwlegal VCS final notice x 3 for parking in my own parking space I have a permit for

[Liam2345]

Hello

I have a private parking space in a secured car park under the flats where I live, when I first moved in I was moving between vehicles and forgot to put my permit in the window a few times. I got 3 tickets, however I never heard anything more about it.

A year later and I get 3 letters from BWlegal acting on behalf of VCS - now my car is registered at another address so not sure how they got the one I live at - if that's relevant.

I already have a CCJ for parking which I have struggled to get a set aside for as the (frankly criminally inept) business court flatly refuse to give me any information about who it's from. I can't afford another 3, I would unhappily part with the near £500 they want if it means I don't have to worry about having my credit history further trashed but it feels extremely unfair considering I pay for the space and have a permit!

Do I have a realistic chance of getting this cancelled? And if I do challenge it will I have to go to court 3 times??

I spoke to the building management company they couldnt care less... I am sure VCS would cancel it if they told them to but they won't!

[ostell]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

First of all read the information in this link

Then get out your lease and see what is says about parking and your private parking space. If the lease states that you have a space and it is demised to you then VCS are trespassing on your space. Your lease has primacy of contract and nothing that VCS try can extinguish your rights. Your lease will not say that you have to display a permit every time you park in your own space and pay a charge if you do not.

You have a very good chance of getting this cancelled, look through the Parking Prankster, there are some suitable cases there.

They would like you to go to court 3 times as this increases the charges they unfairly charge but you can ask the court to hear it in one session.

Interesting how they found you. Contact the DVLA and ask them how many times, from the date you moved in till now, have your details been requested and by whom. The reason for this is that to hold the keeper liable they have to get the details from the DVLA, though the contrct with the DVLA is for "Keeper On Day of Event".

Photographs of the signs would be helpful. They are probably prohibitive and cannot make a contract and therefore they cannot claim that you agreed to the charge. What was the parking company name was on the signs? VCS often raises claims when the alleged contract was with Excel, a no no.

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Thanks for your help, this is the sign in the car park


there's a few of them but there isn't one outside. Think there used to be and someone pulled it down they arent on metal just plastic.

The tenancy agreement is very standard, there's a separate information sheet with the parking space number on but no mention in the contract itself, could that still be taken into account? Theres no mention of the parking permit

[ostell]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

As you already have a space assigned to you in your contract and no mention of a permit or charges then it would appear that VCS are trying to offer you parking on space you already have that right. The signs are prohibitive, ie they are not offering parking unless you have a permit. Anyone without a permit is trespassing and a mere contractor cannot take action for trespass.

Lets see the lease, suitable redacted.

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Thanks for the reply, as I said the lease itself doesn't mention parking it looks like any other AST they could give out nothing building specific except address. There's a separate information sheet with a line which states there's a car parking space and 'permit bay number' the management company actually told me the permits aren't going to be replaced even though they're out of date! Sounds like they did a deal where VCS gave them a load of their own brand tax discs and offered to come round slapping parking fines on anyone who didn't display them. Now got another letter stating they will take legal action on August 2nd although it looks much like the first one even though they already posted final notice.

[Gevans67]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Hi, do you own or rent the property? First thing is to check your lease and see what that says about parking. Is there any mention of parking companies in it? Your lease is the key here, it carries supremacy of contract and nothing they bring in after alters this.

[ostell]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Does your AST mention something about quiet enjoyment?

[Gevans67]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Please join fight your private parking invoice on Facebook, I'm an admin on there. We have people who will help with letters & any court claims if BCS are stupid to take this to court.

- - - Updated - - -

https://m.facebook.com/groups/426233990873672

[ostell]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

So you have your own assigned car parking?

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Hello yeah the space is assigned but it mentions nothing about it in the lease. Their is the standard quiet enjoyment without interruption clause, except when in breach of tenancy agreement.

[ostell]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

So quiet enjoyment includes the use of the space you were assigned and nothing can detract from that.

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Thanks, there's 3 things I have so far in my favour I think;
1) the AST and assigned space
2) the prohibitory signage
3) the probably illegal obtained address as it's not the address my cars registered at

Have I missed anything? Are these good arguments? Any idea what to do next on each?

[ostell]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Hunt around for some cases to throw at them, Jopson springs to mind.

[charitynjw]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

+ Pace v Mr N
http://nebula.wsimg.com/c269da31b314...&alloworigin=1

Jopson
http://nebula.wsimg.com/f6d657adf7df...&alloworigin=1

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

I've looked at the cases and also link Vs Mrs p. Emailed BW and requested info from DVLA.