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Background
In the Summer of 2018, I received three Parking Ticket Charges in the space of 72 hours on a vehicle parked in the residential parking space for my tower block. The Vehicle is a Company Car Hire Vehicle, and I am one of the directors of this company. The Parking Charges were made every 24 hours (which was against PCM's own rules so I was able to get one of them struck out), and of the two left, one of them is made personally under my own name, and the other against my company.*
The plates of the vehicle were registered with Parking Control Management as a car that was allowed residential parking. I say this as previously there had been visitor parking tickets and residential parking tickets. In late 2017/early2018, the parking ticket allocation was changed and visitor parking tickets were scrapped, instead, everyone who applied was given a free residential parking ticket under their vehicle registration number. I applied for the new residential parking ticket but this never arrived - nonetheless on PCM's system they knew that the Vehicle under registration "XXX XXX" was registered under my property. By the time Summer 2018 came around, as I never received the free parking ticket I was entitled to, I had forgotten the visitor parking tickets had gone out of circulation and I parked my car with a visitor parking ticket which meant I got the above three parking charges for an invalid permit.
Currently
Gladstone's solicitors have been in contact with me. In the end, they have filed a claim with the court. I have filed an acknowledgement of service, defence and managed to move the claim away from Northampton Court to my local county court. In their witness statement, PCM have informed me that it is highly likely they will not attend the hearing. My hearing is in three weeks time and I am currently writing my witness statement. The cases for both parking tickets against both defendants (myself and my company) will be held together.
Issues
So that I can prepare for the hearing, I was wondering if anyone had any case law I can rely on at the hearing.*
My main issue is that I would not like to be personally liable for the parking ticket charge when the car is a car hire (and the car has been given back to the registered keeper). I would like to claim that that PCM, cannot make two different parking charges to two different defendant's in the same circumstances - they are responding with the fact that when appealing the parking tickets, I responded personally and thereby assumed responsibility. Is there any way I can combat this?
The lease on my property gives me an unqualified right to park, stating the following:
" (a) You must not park, leave or abandon on [The estate]'s land (including the parking and shared areas) any motor vehicle (or part of a vehicle) that is in an unroadworthy condition or untaxed (unless it is the subject of a valid Statutory Off Road Notice - SORN).
If you do we may remove and get rid of it. Before we do this, we will put a notice on the vehicle that we will give you 14 days to remove it. If the motor vehicle (or part) is in a dangerous condition, we may remove it without notice.
If we remove or get rid of a vehicle (or part of it), you must pay us any reasonable costs we have had to pay within four weeks of a written demand. Neither you, or any person living in or invited to your home, have the right to claim against us for any loss arising from us lawfully removing or getting rid of the vehicle (or part of it).
(b) You may only park motor vehicles on the property if there is a garage, parking space or hard standing with a (properly authorised) dropped kerb.
(c) You must only park in areas which are set aside for parking and you must not park any motor vehicles on the roads leading to or o the estate or on access ways to garages, if this causes a danger, a nuisance or annoys your neighbours or other residents on the estate. You must never park a motor vehicle in any place that obstructs access by emergency services.*
(d) You must get our permission before you, or anyone living in or invited to your home, parks any heavy-goods vehicle, public service vehicle, trade or commercial vehicle, caravan, boat or similar item on any land we own."
Are there any cases I can use that would support that my lease gives me primacy of contract, and I need not use a parking ticket on residential parking as a resident? PCM argues that by ordering a ticket and by using a visitor parking ticket, I accepted the terms of their contract.
Thanks in advance for your help!
In the Summer of 2018, I received three Parking Ticket Charges in the space of 72 hours on a vehicle parked in the residential parking space for my tower block. The Vehicle is a Company Car Hire Vehicle, and I am one of the directors of this company. The Parking Charges were made every 24 hours (which was against PCM's own rules so I was able to get one of them struck out), and of the two left, one of them is made personally under my own name, and the other against my company.*
The plates of the vehicle were registered with Parking Control Management as a car that was allowed residential parking. I say this as previously there had been visitor parking tickets and residential parking tickets. In late 2017/early2018, the parking ticket allocation was changed and visitor parking tickets were scrapped, instead, everyone who applied was given a free residential parking ticket under their vehicle registration number. I applied for the new residential parking ticket but this never arrived - nonetheless on PCM's system they knew that the Vehicle under registration "XXX XXX" was registered under my property. By the time Summer 2018 came around, as I never received the free parking ticket I was entitled to, I had forgotten the visitor parking tickets had gone out of circulation and I parked my car with a visitor parking ticket which meant I got the above three parking charges for an invalid permit.
Currently
Gladstone's solicitors have been in contact with me. In the end, they have filed a claim with the court. I have filed an acknowledgement of service, defence and managed to move the claim away from Northampton Court to my local county court. In their witness statement, PCM have informed me that it is highly likely they will not attend the hearing. My hearing is in three weeks time and I am currently writing my witness statement. The cases for both parking tickets against both defendants (myself and my company) will be held together.
Issues
So that I can prepare for the hearing, I was wondering if anyone had any case law I can rely on at the hearing.*
My main issue is that I would not like to be personally liable for the parking ticket charge when the car is a car hire (and the car has been given back to the registered keeper). I would like to claim that that PCM, cannot make two different parking charges to two different defendant's in the same circumstances - they are responding with the fact that when appealing the parking tickets, I responded personally and thereby assumed responsibility. Is there any way I can combat this?
The lease on my property gives me an unqualified right to park, stating the following:
" (a) You must not park, leave or abandon on [The estate]'s land (including the parking and shared areas) any motor vehicle (or part of a vehicle) that is in an unroadworthy condition or untaxed (unless it is the subject of a valid Statutory Off Road Notice - SORN).
If you do we may remove and get rid of it. Before we do this, we will put a notice on the vehicle that we will give you 14 days to remove it. If the motor vehicle (or part) is in a dangerous condition, we may remove it without notice.
If we remove or get rid of a vehicle (or part of it), you must pay us any reasonable costs we have had to pay within four weeks of a written demand. Neither you, or any person living in or invited to your home, have the right to claim against us for any loss arising from us lawfully removing or getting rid of the vehicle (or part of it).
(b) You may only park motor vehicles on the property if there is a garage, parking space or hard standing with a (properly authorised) dropped kerb.
(c) You must only park in areas which are set aside for parking and you must not park any motor vehicles on the roads leading to or o the estate or on access ways to garages, if this causes a danger, a nuisance or annoys your neighbours or other residents on the estate. You must never park a motor vehicle in any place that obstructs access by emergency services.*
(d) You must get our permission before you, or anyone living in or invited to your home, parks any heavy-goods vehicle, public service vehicle, trade or commercial vehicle, caravan, boat or similar item on any land we own."
Are there any cases I can use that would support that my lease gives me primacy of contract, and I need not use a parking ticket on residential parking as a resident? PCM argues that by ordering a ticket and by using a visitor parking ticket, I accepted the terms of their contract.
Thanks in advance for your help!
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