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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 1 year ago.
Category: Law
Customer: replied 1 year 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 1 year ago.

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

Did you ever appeal the ticket?

Customer: replied 1 year ago.
No. I appealed different ones but not the ones the claim refers to.
Customer: replied 1 year ago.
No, I never appealed the tickets.
Expert:  Ash replied 1 year ago.

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

Customer: replied 1 year 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 1 year 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.

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 1 year 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 1 year 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 1 year 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?