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*IMPORTANT JUDGMENT PARKING CASE*(Parking Awareness/DCB/Villa Express,Greenhalgh,PR4)
Hi - I have just joined the Forum but I used its contents in my recent parking case. So thank you to all the kind contributors and moderators.
I managed to get the parking company's claim aginst me struck out at a Dispute Resolution Hearing on the basis that the Claimant had "no real prospect of success". I was also awarded costs in my favour due to the parking company's unreasonable conduct. (Judgment is attached). I argued that the parking company did not have the right to issue parking tickets on the land.
n a nutshell, the parking company, Parking Awareness Services Limited had a "parking management agreement" with Company A. The problem was the land in question was owned by Company B (a search of the Land Registry proved this to be the case); therefore Parking Awareness could not prove they had the right to issue PCNs on the land and their counsel at the hearing conceded the point. As this was fundamenetal to their case and I had raised the issue numerous times in my Defence and correspondence, the DDJ deemed this to be "unreasonable conduct" and awared my costs at £19 per hour (I am a solicitor but acted for myself as LiP).
I post this only to highlight that: if anyone has a claim for parking at what was called the Villa Express, Fleetwood Road, Greenhalgh; then they should raise this issue.
Also, if anyone has paid a fine at this site since 2013 then they may be entitled to their money back. After all, the company that charged you for parking had no right to charge you!!
I wonder how DCB Legal can keep issuing claims for this site when they "know" that Parking Awareness do not have any right to issue parking charges on the land.I may raise the issue with the SRA!
Happy to help others if needed.
All the best!
I managed to get the parking company's claim aginst me struck out at a Dispute Resolution Hearing on the basis that the Claimant had "no real prospect of success". I was also awarded costs in my favour due to the parking company's unreasonable conduct. (Judgment is attached). I argued that the parking company did not have the right to issue parking tickets on the land.
n a nutshell, the parking company, Parking Awareness Services Limited had a "parking management agreement" with Company A. The problem was the land in question was owned by Company B (a search of the Land Registry proved this to be the case); therefore Parking Awareness could not prove they had the right to issue PCNs on the land and their counsel at the hearing conceded the point. As this was fundamenetal to their case and I had raised the issue numerous times in my Defence and correspondence, the DDJ deemed this to be "unreasonable conduct" and awared my costs at £19 per hour (I am a solicitor but acted for myself as LiP).
I post this only to highlight that: if anyone has a claim for parking at what was called the Villa Express, Fleetwood Road, Greenhalgh; then they should raise this issue.
Also, if anyone has paid a fine at this site since 2013 then they may be entitled to their money back. After all, the company that charged you for parking had no right to charge you!!
I wonder how DCB Legal can keep issuing claims for this site when they "know" that Parking Awareness do not have any right to issue parking charges on the land.I may raise the issue with the SRA!
Happy to help others if needed.
All the best!
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