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My son today had his PCN CCJ set aside because they issued the claim to an address ten days after he had informed them he had moved (and had the email to prove it) and it was decided in his absence. He put the court fee on my credit card and I wondered if/when/how I get a refund.
The original ticket is now open to appeal (issued 2016). He was using my car, as his was in the garage, and it was parked in his designated spot at his gated apartment block but he had left his parking permit in his own car. He explained this to the parking company but they chose to pursue the issue and he has refused to pay, hence the CCJ claim.
When my son took out the tenancy there was no parking company in place, no canvass was made of the owners/tenants to achieve the 75% I believe the management company needed to employ them.
The non-payment claim was not made against the registered owner (myself) but to my son, the tenant and therefore legal user of the parking space.
I struggle to see that they have a leg to stand on with the penalty notice.
The management no longer have private parking security at the apartment block.
My main concern is the fee refund, the legality of the ticket secondary.
The original ticket is now open to appeal (issued 2016). He was using my car, as his was in the garage, and it was parked in his designated spot at his gated apartment block but he had left his parking permit in his own car. He explained this to the parking company but they chose to pursue the issue and he has refused to pay, hence the CCJ claim.
When my son took out the tenancy there was no parking company in place, no canvass was made of the owners/tenants to achieve the 75% I believe the management company needed to employ them.
The non-payment claim was not made against the registered owner (myself) but to my son, the tenant and therefore legal user of the parking space.
I struggle to see that they have a leg to stand on with the penalty notice.
The management no longer have private parking security at the apartment block.
My main concern is the fee refund, the legality of the ticket secondary.
