civil penalty notice in residential private parking area

[nero12]

hi all
Just had a cry for help on this one

could anyone take a look and advise


Back in October (16/10/07) I received a "Civil Penalty Notice" of £60 for parking my car on the kerb of the residents car park at the newly built flats where I live. Residents parking had just been inforced the day before by the private company Northern Parking Services (NPS).

A side issue here is my flat was rented to me with an allocated car parking space, however when the parking spaces were numbered it transpired it doesn't have one. When the NPS signs went up I spoke to the management company that look after my flat and was advised to continue parking as normal but not in a marked bay and was assured it would be OK - hence why my car was on the kerb. Unsurprisingly I received a ticket. I immediately called the management company and they said they would get the fine cancelled. At this point in time the management company were adament all their paper work states the flat has an allocated parking space however it has now been established it does not. This is an on going issue - Any help with this would be appreciated too!

As promised this was the last I heard of the fine until last Thursday (27/3/0 when I received a final reminder to pay, informing me that I now owe them £135.
The reminder states "date of issue of Notice to Owner" as 21/2/08 - I have received no such notice.
The date of issue of this notice is stated as 20/3/08 - a whole week before I received it.

I have contacted the management company again (Thursday 27/3/0 and they have promised to deal with it however I am very conscious that the next stage is baliffs and court action, and I only have 2 days left to pay up.

I have had no contact with NPS myself, although the property management company have (unless they were lying). I have tried to read up on this topic but I'm in such a confused situation I can't work out what rules apply.

What should I do now?


many thanx

[emsgeorge]

Read the 'sticky' about private tickets at the top of the page - this will tell you all about the lack of law they are trying to use.

If you decide to write to them further, then use one of the template letters.

[nero12]

Originally Posted by emsgeorge

Read the 'sticky' about private tickets at the top of the page - this will tell you all about the lack of law they are trying to use.

If you decide to write to them further, then use one of the template letters.

thanx, only posted this because its a residential issue and that maybe a contract has been entered into by way of rental agreement .

sorry if this has been covered but have not seen it crop up before.

[pin1onu]

I'd say you are probably entitled to damages for the management company not providing you with a parking space as per your rental agreement. If they can't provide you with one then they should compensate for the cost of renting one elsewhere. Should it come to court on the parking I would enter a counter claim against them for this and nominate the management company and the parking company as co-defendants.

As regards the invoice. You have a verbal agreement from the management company saying they will get the invoice cancelled. I would send a letter to the management company confirming this conversation and send it recorded delivery.

I'd suggest something along the lines

In our telephone conversations you have agreed to get this invoice cancelled. You would not appear to have done so. Please contact your NPS who are acting as your agents and request them to halt all actions attempting to claim payment for this invoice immediately.

I dispute all charges and refute any breach of contract as I parked as directed by yourselves. Any failure to instruct your agent, NPS, of my situation clearly lies with yourselves.

[nero12]

Originally Posted by pin1onu

I'd say you are probably entitled to damages for the management company not providing you with a parking space as per your rental agreement. If they can't provide you with one then they should compensate for the cost of renting one elsewhere. Should it come to court on the parking I would enter a counter claim against them for this and nominate the management company and the parking company as co-defendants.

As regards the invoice. You have a verbal agreement from the management company saying they will get the invoice cancelled. I would send a letter to the management company confirming this conversation and send it recorded delivery.

I'd suggest something along the lines

In our telephone conversations you have agreed to get this invoice cancelled. You would not appear to have done so. Please contact your NPS who are acting as your agents and request them to halt all actions attempting to claim payment for this invoice immediately.

I dispute all charges and refute any breach of contract as I parked as directed by yourselves. Any failure to instruct your agent, NPS, of my situation clearly lies with yourselves.

many thanx I will pass this on