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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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I live in a apartment block , , the management company brought

Customer Question

i live in a apartment block , , the management company brought in a car parking company that issued tickets // fines
one of the residents hired a barrister to defend him after acquiring 6-7 tickets and said parking company taking him to court
what came out in court was the land owner a mr sol levy said had never gven his permission for any company to issue car parking tickets on his land ( all apartments are on a 100 yr lease paying ground rent to him ) also i believe that as a individual i am not in contract with this company , so how can i breach something i am not in contract for . the judge found in favour of the person living at the apartments and ruled in favour of him , my question is , the solicitors representing the car parking company knowing the judging ruling , are they allowe dto try and pursue people for fines / tickets at this property , when the judge has already given his judgment , would these solicitors be in contempt of court trying to peruse cases that are the same were a judge has ruled against them ???
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The Judgment in the court is a ruling in relation to this one persons debt, it does not set a precedent for every person that subsequently parks in the car park and gets a ticket. If this company is unlawfully issuing tickets and then pursuing people for the debt then it may be guilty of an offence of harassment under S.40 of the Administration Justice Act 1970. Who authorises the management company to manage the property? Is it the residents?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The Judgment in the court is a ruling in relation to this one persons debt, it does not set a precedent for every person that subsequently parks in the car park and gets a ticket. If this company is unlawfully issuing tickets and then pursuing people for the debt then it may be guilty of an offence of harassment under S.40 of the Administration Justice Act 1970. Who authorises the management company to manage the property? Is it the residents?
Customer: replied 1 year ago.

but if the debt has occurred , by issuing said ticket , by a parking company that does not have the land owners permission

the judge told the parking company , had acted illegally in that they did not seek permission from the land owner , yet said company has been issuing tickets since and i have attracted a few , so in my view these people are ignoring the law , and also the companies lawyers in trying to seek monies , when they know if it went to court the same would happen again ,

Expert:  Alex J. replied 1 year ago.
Hi, Thank you. ***** have explained it is a criminal offence under S.40 of the Administration of Justice Act 1970 to pursue someone for money they do not owe. I am afraid that county court Judgments are not used to set a precedent. What I need to understand is who appointed the management company? What rights do the flat owners have to the parking spaces under their leases? Kind regards AJ