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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parking ticket issued in my residents bay


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Hi,

 

I'm looking for some advice on a parking ticket I've received. I live in a block of flats and have an allocated parking bay. A permit was supplied, which I kept on my dashboard. However, I recently received a parking ticket from a private company, stating that the ticket was issued as no permit was displayed, and requesting £100 (£80 if paid within 14 days). I wrote to the company appealing the ticket, stating that I was parked in the correct bay and I do have a permit. This was rejected on the grounds that their ticket officer was unable to see my permit, and that their signage does state that permits must be clearly displayed on your windscreen at all times. (I've checked, and this wording is on the signage). They agreed that many residents display the permit on their dashboard, but this is a matter of choice and you run the risk of the permit slipping out of sight.

 

I have since requested proof that my permit wasn't visible, and they have restated that their ticket officers do look inside the vehicle to check if a permit is there and on this occasion none was sighted; as such their decision stands.

 

Do I have any further recourse, or am I going to have to pay this ticket?

 

Many thanks.

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yep speculative invoice

 

ignore

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:lol:

Ok, so when you say it's a speculative invoice, you mean they're just trying it on? I've read through a number of other threads and advice about tickets from PPCs, but I'm not sure if it makes a difference that I'm in a residents parking space rather than a shopping car park - after all, I want to keep using that particular space!

 

How far can they take this if I don't pay? Some threads seem to say I run the risk of being taken to court.

 

Thanks for the help

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What does it say in your lease (or your landlord's lease) about your allocated parking bay? Does it mention that you have exclusive right to use this space, and not mention permits anywhere? Odds on it does but it would be good if you could confirm. If so, then the parking company have no jurisdiction to even operate their scheme on your space, and they have trespassed against you by placing a ticket on your windscreen. Why not tell them and the Management Company this, and point out to them that they only have the jurisdiction to operate such a scheme on the communal areas of the car park, or any spaces where the leaseholder has granted specific permission. Any signs about permits are trumped by what it says in the lease. Feel free to point that out to them as well. Check the lease first though, 95% its in line with what I've written here. The ticket is a speculative invoice, and as such is unenforceable anyway.

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Good point, thanks. I'll check my rental agreement when I get home. I'm currently renting the property from a private landlord via a letting agents - I'm already planning on contacting them for any information they might be able to add (they've been very good so far), but I'll make sure I'm clear on what's in my lease first.

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you have a permit

it dont matter they've given you a speculative invoice

 

so you didn't display it!

 

tough on them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Get the landlord to check the lease for you - you only need to see the wording of the bits that relate to the parking space. It would be nice if you could write to the management company and tell them to leave your car alone in future.

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