Parking Ticket, Owned Space

[MrMe]

Hello...

One Parking Solutions, who have authority on our residential site (apartment complex) have issued 2 PCN's over a 5 day period where my parking permit had slipped from the windscreen and into the dash. Only the top of the parking permit is visible but you certainly couldn't see even at an angle that the permit is for the space in question. So a permit was displayed but not readable and has quite obviously slipped from the windscreen.

I have politely explained this to One Parking Solutions and their Solicitors however they are hell bent on gaining paid. I have warned them that "Any further attempts to extract money from me will result in an administration charge for each letter at £90 per reply". The car, at the time was owed by a Limited Company, which is still running, the ownership of the car has switched, but I feel justified as a Ltd Co. changing them for my time. I have a copy of the contract between OPS and the site managers. I have also emailed OPS (cc'ing in the Solicitors and our management company) in late April 2019 which OPS and the management company have ignored. The Solicitors simply fobbed it off with: "Our client accepts you may have a valid permit however has evidence that you didn't properly display it which fundamentally undermines its parking scheme which you were made aware of when accepting the permit. In the event payment isn’t made or a reply is not received within the next 30 days further legal action will be taken."

I'm now quite annoyed about the whole thing and happy to throw the book at them and claim against them where possible.

[zeke]

Let them take the action. Its their own money they are throwing away.

[MrMe]

So, just had the County Court summons’s through for this. Interesting they think they can win. I’m sure a debt recovery solicitor would not waste money on the application fee without thinking they’ll win?!

[zeke]

That's a lot of work for a solicitor who knows will never earn a fee regardless of the outcome.

[MrMe]

So what would the plan be in court? I cannot fathom how they think they can win, when I own the space? Surely this will be thrown out before we even get there? Or if we do go to court and they loose, I will be able to claim for my time?

[zeke]

The small claims track does provide a list of expenses which you can claim. They are:https://www.justice.gov.uk/courts/proce ... rt27#27.14

[MrMe]

...thanks

Why do you think they'll never earn a fee? They must have evaluated their position before sending off the claims application and decided they may win?

[zeke]

Because part 27.14(2) excludes a party's costs and fees being recovered.

That leaves a gamble for the claimant. Even if they win, they still have to swallow their costs.

There is an exception, a party's behaviour, but that only happens with malicious claims, or the claimant withdraws his claim resulting in wasted costs for another party.

[luxardo]

Let them take the action. Its their own money they are throwing away.

I'm simply curious here. What will happen in court ? Surely the terms state the permit must be visible and if it's not visible the defendant has breached the terms and is liable ? Or am I incredibly stupid and missing something (I probably am lol).

[delta157]

Unless all air vents are closed, it is possible that any item such as a permit may blow off of the screen/dashboard.

Even if closed it is possible for a permit to slip from view. A simple statement to this fact is all that is needed.

If the PPC argue just provide the permit. If you own the space or right to it then they have no right to ticket you, or if the PPC argue otherwise again provide the proof.

Did you challenge the ticket? Did you get a popla number? Did you challenge at Popla?

All a little late but you can still challenge...