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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have been issued a parking ticket by a private car park company.

Resolved Question:

i have been issued a parking ticket by a private car park company. For having an old permit (unauthorized use of permit).
My car was parked in the car park where i live. I am a lease holder of of a property there. The parking company has been instructed by the company managing the block or the residents comity or both. As a resident am i liable to pay the fine.
Is the car park not owned by the freeholder? there for the car park company would need permission from the free holder not the management?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is it a condition of parking there that you display a resident's permit.
Customer: replied 1 year ago.

yes

Expert:  Jo C. replied 1 year ago.
And I presume you didn't display one?
Customer: replied 1 year ago.

i had an old one display, as i gave the new one to my girlfriend. i had been displaying the old one for a few weeks,

Expert:  Jo C. replied 1 year ago.
Does the condition of your lease say that you have to display an in time one? I suppose it would be implied but what is the actual letter of the words?
Customer: replied 1 year ago.

I have owned the flat (lease hold) for over 10 years. The car park enforcement has only been going a month. The lease dates back to 1971 and does not mention anything about the car park.

Expert:  Jo C. replied 1 year ago.
What is the basis for the parking permit then?
Is there a separate contract?
Customer: replied 1 year ago.

I have never been sent or seen a contract. They have displayed afew notices around the car park. This was agreed by the cedar manor maintenance company, that is basically some of the old tenants and now a property management company. The permit scheme was brought in to stop non residents from parking in the car park.

Expert:  Jo C. replied 1 year ago.
Yes, and that makes sense.
Do you know what the signs say? Do they set down the condition that you must display?
Customer: replied 1 year ago.

they have just given me another ticket as we speak!

it does say

"a valid permit must be clearly displayed on the dashboard or windscreen"

Expert:  Jo C. replied 1 year ago.
Ok. That is fairly clear then. There is no way around that.
You always appeal on the basis that you were entitled to a permit. That is different from having one displayed of course but the point you can make is that there was no loss.
On your primary point, the car park may be owned by the freeholder or it may not. It depends who owns it. Either way, the company will not be the owner and they would need permission but they will be instructed by the owner. That is the premise of these fines.
It is quite unlikely they will sue in these circumstances though.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

So should i pay them ?

Expert:  Jo C. replied 1 year ago.
How many fines now?
Are you willing to risk going to court?
Customer: replied 1 year ago.

2 today ,

i only asked as you said "It is quite unlikely they will sue in these circumstances though."

Expert:  Jo C. replied 1 year ago.
Ok
But would you be willing to risk being sued?
Customer: replied 1 year ago.

the second ticket say it's for not parking in a marked bay. I was parked inbetween the lines of a bay. The back of my car was sticking out as the bays are too small and the is no marking at the front or the back of the bay.

Expert:  Jo C. replied 1 year ago.
Ok.
But are you willing to risk being sued?

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