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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69987
Experience:  Over 5 years in practice.
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I have received notice of 'Intended Debt Recovery' for a

Resolved Question:

I have received notice of 'Intended Debt Recovery' for a parking charge notice issued to me in June this year by Parking Ticketing Ltd. I followed PTL and also POPLA appeals procedure, both were declined. unfortunately I just can't accept this can be fair and reasonable, and have not to date paid the £100 charge. Can you please advise me what further action I might reasonably take to defend myself against this action.
The following outlines the history:
My vehicle was parked at my home address within my own parking space(s), I am the leasehold owner occupier of the property and have lived at this address since 2002. Parking signage was placed in the car park in November 2015 following a decision by the management company, the signage states the requirement to display the PTL permit in the vehicle. I routinely do this (as evidenced by the fact that I haven't received multiple tickets since the system was introduced) however, on the day I had inadvertently placed the permit out of view after cleaning the car.
My appeal to PTL was simply to state these facts, I am the owner occupier of the property and parking spaces and that I had placed the permit on the central console. Their response was to decline the appeal stating they accept no mitigating circumstances.
Submitted: 7 months ago.
Category: Traffic Law
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
Home :***********Mobile :***********
Expert:  Jo C. replied 7 months ago.

Are you asking if you are liable?

Customer: replied 7 months ago.
Not sure? I am saying that I was parked where I am entitled to and I feel my explanation should be acceptable grounds for appeal.
Expert:  Jo C. replied 7 months ago.

Ok. so what is your question about this please?

Customer: replied 7 months ago.
Is the £44 an additional cost?
Expert:  Jo C. replied 7 months ago.

For what?

not sure what you mean?

Customer: replied 7 months ago.
I'm sorry if I have not made myself clear, I'll start again. Do you think from my original explanation that I am guilty of parking illegally?
Expert:  Jo C. replied 7 months ago.

If the lease requires that you display the permit and you did not then you are in breach.

it isn't an offence. It is a breach of contract. Nevertheless you are in breach.

Whether you could argue there was no loss is another matter.

Expert:  Jo C. replied 7 months ago.

On your specific point though, there isn't a defence arising if the lease requires that you actually display the permit.

Expert:  Jo C. replied 7 months ago.

Can I clarify anything for you?

Customer: replied 7 months ago.
There is no requirement for a parking permit stated in the lease. However, the parking controls were introduced by the management company representing the owners. In my defence, as I have said, the permit was not displayed on the day but it was my normal practice to do so. Is the fact that I can demonstrate that I am the legal leasehold owner occupier of my apartment and its associated parking spaces reasonable grounds for appeal against the parking fine being imposed?
Expert:  Jo C. replied 7 months ago.

No, not really.

Usually the permit system requires that they must be displayed. Otherwise there is no point in a permit system.

Customer: replied 7 months ago.
I understand that but do you regard the basis of the appeal as reasonable? The vehicle belongs to the parking bay owner and is not causing obstruction or inconvenience to other apartment or car park users.
Expert:  Jo C. replied 7 months ago.

No. I am really sorry but I am not going to be able to tell you this is a ground of appeal.

There is a permit system under the contract. Not displaying does not comply.

Customer: replied 7 months ago.
Is your advice that I should pay the penalty?
What process do I face if as the parking company say they pass the PCN to a third party debt recovery company?
Expert:  Jo C. replied 7 months ago.

Well, it depends.

I wouldn't pay personally. I would take the risk to see whether they sue.

Your question wasn't that though. Your original question was whether or not this was a defence and it is not.

Customer: replied 7 months ago.
Ok well I've taken that position from the beginning, not to pay that is, but surely to see whether they sue would require some confidence that I had reasonable grounds for defence. I've received the Notice of Intended Debt Recovery today, where do you think that places them in their preparedness to sue?
Customer: replied 7 months ago.
In their response to POPLA, Parking Ticketing Ltd stated their contract was with the property freeholder, this is not correct their contract is with the Management Company. Is there any requirement for the Management Company to obtain the permission or otherwise advise the Freehold owner of their intent to implement parking controls on the property for those controls to be legally binding?
Expert:  Jo C. replied 7 months ago.

No. If they have a contract they can enforce it.

Customer: replied 7 months ago.
You advised in your 10:18 yesterday evening reply that you personally wouldn't pay the penalty but would take the risk to see whether they sue. However from your other responses it appears if I do follow that route and they do sue , I'd lose. They have issued this Notice of Intended Debt Recovery, does that mean they intent to sue?
Expert:  Jo C. replied 7 months ago.

No. It just means they have issued a notice.

Until they actually issue a summons you can't be sure they intend to sue.

Customer: replied 7 months ago.
But if they do, is your opinion that I'd lose?
Expert:  Jo C. replied 7 months ago.

On the basis of the information you are providing you do not have a positive defence.

Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69987
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 7 months ago.
Ok thanks for your assistance.

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