How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Re small court claim against me for unpaid parking notices

Customer Question

Re small court claim against me for unpaid parking notices from UKPC Parking Control
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I have defended the claim. The case is still in progress and the next step is for the parties to decide if they agree for mediation. i have a few questions re the claim filed against me (ambiguous signage, contract, etc)
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
UKPC Parking control have filed a small court claim against me for 7 unpaid parking notices.:a) 2 parking notices refer to parking in different visitors bays- I did not exceed the maximum stay time
b) 2 further parking notices also refer to parking in different visitors bays however it’s impossible to identify where my vehicle was parked as the photos taken by the parking operative are almost completely black, and you can only see my car registration number and the car boot on the photo
c) 2 further parking notices refer to parking outside of parking bays
d) 1 parking notice refers to parking in the same visitors bay (on this occasion I may have exceeded the maximum stay time).I have defended the whole claim on the following grounds:1. No contract between residents and UKPC and no consent of the landowner to bring the claim.I contacted the landowner last month to obtain a copy of their contract with UKPC, however the only document they provided was a contract between UKPC and our Management Company Hazelvine Ltd. (Not the landowner – Linden Homes).
The asset management of our property has now been transferred to a different company – Mainstay Residential Ltd- in April 2016. The above mentioned contract between UKPC and Hazelvine Ltd is dated 14/06/2013.It says that the ‘Contract Schedule, together with the UKPC Terms and Conditions attached to it, comprise the whole ‘Contract’ between The Residents of Park Centrale C/O Hazelvine Ltd and UKPC Parking Control. (I’m not sure what C/O means in this sentence?)2. UKPC signage is ambiguous: there is a 23hr maximum stay rule in visitors bay however it is unclear if it refers to not returning to an individual bay, the set of bays, the street or the whole of Park Central. The signs say: ‘MAXIMUM STAY 23 HRS IN VISITORS BAY (NO RETURN WITHIN 48 HRS).3. Insufficient evidence to support the claim due to unclear photographic evidence - parking notice b)4. Maximum stay limit not exceeded- parking notice a)
I was parked in different visitors bays for less than 23 hrs at a time, however I still received a parking notice5. Re parking notice c) I explained I was unloading my vehicle.I have now received a N180 form from the Small Claims Court asking if I’d agree to mediation.Please could you tell me what you think about the contract and the ambiguity of the signage. I’m willing to go to court if necessary and I don’t want to agree to mediation.In similar cases, in the worst case scenario, if the judge was to make an order in favour of the claimant (UKPC), I suppose the amount claimed for is completely unreasonable and excessive in case of parking in residential areas? The charge represents a fine and not a valid charge for loss of business or damage costs
Expert:  Ash replied 3 months ago.

Hello my name is ***** ***** I will help you.

Did you ever appeal the ticket?

Customer: replied 3 months ago.
No. I appealed different ones but not the ones the claim refers to.
Customer: replied 3 months ago.
No, I never appealed the tickets.
Expert:  Ash replied 3 months ago.

May I ask why not these ones? Did you ever complain to the British parking association.?

Customer: replied 3 months ago.
No, I never complained to BPA. I appealed other tickets in the past where UKPC wrongfully issued me with a parking notice, however they still kept saying I needed to pay. No matter what reasons I was giving them for my appeal they would still not accept it and when I asked for breakdown of losses they suffered they said it was confidential. I felt there was no point to appeal as no matter what I said they would still demand money.
Expert:  Ash replied 3 months ago.

Ok. The difficulty in realtion to contracts etc is that the Supreme Court in London has already ruled for private eye.

These tickets can be enforced etc.

https://www.supremecourt.uk/cases/uksc-2015-0116.html

Therefore you should have appealed the decision if it was signage etc. The fact you did not does not assist you.

Read the judgment - it may go against you.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
I understand that the fact that I did not appeal the decision does not assist me. However, what about the fact that UKPC don't have a contract with the landowner and I did not enter into any contract with UKPC as a Resident therefore the signage shall not constitute any grounds for actually issuing parking notices. The case of Parking Eye Ltd and Beavis refers to parking in a shopping centre car park and mine is in a residential area. Also, if the tickets are enforceable, are the ridiculously high amounts that UKPC are charging and not providing breakdown of losses for likely to be considered reasonable by the judge?
Customer: replied 3 months ago.
Can I get clarification please regarding what 'C/O' means in the following sentence: ‘Contract Schedule, together with the UKPC Terms and Conditions attached to it, comprise the whole ‘Contract’ between The Residents of Park Centrale C/O Hazelvine Ltd and UKPC Parking Control.'.
Expert:  Ash replied 3 months ago.

The fact you did not enter a contract with UKPC makes no difference. The Landowner of where you parked MAY make the contract invalid.

Tickets are enforceable and so are the amounts, this has already been decided, please read the Supreme Court decision.
C/o means care of.
Can I clarify anything else?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice