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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70518
Experience:  Over 5 years in practice
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I would like to claim against a parking company who are harassing

Customer Question

I would like to claim against a parking company who are harassing me for payment of a debt I do not owe. I understand this falls under the Punishment for unlawful harassment of debtors, which is part of the Administration of Justice Act 1970
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but there is no claim on this basis. I know there is a good deal of nonsense on this point on the internet.
The legislation you quoted doesn't have the remotest application and neither really does the harassment act. They are perfectly free to issue an invoice and chase up payment.
Whether you pay is another matter.
Whether they will sue is a further matter.
However, their conduct is not unlawful.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you for the information. So there is no way I can stop a company chasing me for money I do not owe. I have written to them numerous times to explain but they just ignore my communication and increase the charge.

Expert:  Jo C. replied 2 years ago.
Not really.
What you do is ignore them and refuse to pay and they do give up in the end. There is a chance they could sue but it is not likely.
Customer: replied 2 years ago.

This seem outrageous in this day an age. So I have to keep all my evidence ignore them as the fines keeps getting more and more and hope that if they do sue that I can prove my case. This is all very stressful and unfair.

Expert:  Jo C. replied 2 years ago.
There isn't a legal way of preventing them from writing to you.
The way this is dealt with is to ignore their correspondence unless you get a court summons.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry, last point. I was advised that they are in breach of contract law. Is there no come back on that point either.

Expert:  Jo C. replied 2 years ago.
not really. Even if they are it won't stop them writing to you.
Customer: replied 2 years ago.

Can you confirm that they are in breach of contract law. My car is parked in a private residential area as per my lease. My lease makes no mention of parking enforcements or restrictions that were put in after I moved in.

Expert:  Jo C. replied 2 years ago.
No, I cannot. They are not.
Their argument may be void but they are not in breach of contract.
Customer: replied 2 years ago.

Ok. I am a little confused as a year ago another Lawyer on this site said they were.

Expert:  Jo C. replied 2 years ago.
If that was what was said then that is wrong.
Their argument is that you are in breach. That might be wrong but that doesn't make them in breach.
Customer: replied 2 years ago.

The view from the other lawyer was I have not entered in to any contract with them therefore they are in breach of contract for putting the parking ticket on my car. My car is parked as per my lease.

Expert:  Jo C. replied 2 years ago.
That does not make them in breach for the reasons above.
Customer: replied 2 years ago.

This was the statement from Alex Watts: Lawyer.

They can only issue penalties and in law they can not be enforced.

They would have to show there is a contract, you agreed to their terms and they suffered a loss.

Are these statement still both correct?

Expert:  Jo C. replied 2 years ago.
No.
They cannot issue penalties. They can issue invoices and they can be enforced.
They do have to show that you are in contract but clearly you are. There is direct case law on that point.
the loss point is a bit more complicated than that and it certainly is incorrect to say that is a blanket defence. It depends what the signs at the location say.
Customer: replied 2 years ago.

Why am I in contract and who with? I've not entered in to a contract, I've not agreed to any contract. There are no references to any parking restrictions or contracts on my property lease. The restrictions were put in by the management company afterwards without consulting or having agreement from any of the property owners. I'm now being harassed to pay fines for parking my car at my property.

Expert:  Jo C. replied 2 years ago.
You have entered a contract if you parked at a location that demanded payment. There is clear case law on the point.
Customer: replied 2 years ago.

If I put a sign on my car saying any notices or parking tickets put on my car will be issued with a £1,000 bill for their removal. Can I then invoice them £1,000 as they would have entered in to a contract by not following my notice.

I am very confused here.

Expert:  Jo C. replied 2 years ago.
No. That is not a contract.
In any event, that sum does not represent your loss and it would not be due under the contract because none exists.
Customer: replied 2 years ago.
Still confused. What contract am I under?
Expert:  Jo C. replied 2 years ago.
You have entered a contract if you parked at a location that demanded payment. There is clear case law on the point.
In any event, if you have a lease allowing you to park there then that is clearly a contract.
Customer: replied 2 years ago.

I think I may need to rewind and put some context here for you.

I live in a private residential area. The parking is free. However a few years ago due to the amount of non-residents parking on the estate, the management company implement a scheme where non-resident vehicles were issued a fine from an external private hire parking enforcement company (UKPC) to stop them parking there. This was never discussed or agree with the residents (approx. 700 dwellings).

The parking for residents is free, however the parking company has a habit of issuing parking fines for resident cars. I have several. Yet despite appealing against them, writing to them they still persist in pursuing their fines which keep going up and up. Hence my original question about harassment.

My time is not free and the amount of time I am spending writing letters etc is time I could be spending doing other thing. If this was billed through my company this would be charged at £150 per hour.

I do not see what right anyone has to harass anyone in this manor. In my eyes this is some kind or extortion racket.

Expert:  Jo C. replied 2 years ago.
Im really sorry and I wish I could tell you that you have a claim but this is just plain not harassment.
They may well lose in court if they sue. That does not make their actions harassment.
Customer: replied 2 years ago.

Ok, I can accept that, but given the additional information what claim do they have on me. I'm not doing anything wrong.

Expert:  Jo C. replied 2 years ago.
As I've said really, they may well have a claim that has no merit.
That isn't the issue. The issue is whether you can stop them writing to you.
Customer: replied 2 years ago.
How can I prove their claim has no merit to put my mind at rest.
Expert:  Jo C. replied 2 years ago.
Well, it depends.
If you are saying that you have a lease that allows you to parking these specific vehicles at the location then you can rely on that.