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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12569
Experience:  30 years as a practising solicitor.
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My daughter rents a flat in Edinburgh. Flat comes with a

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My daughter rents a flat in Edinburgh. Flat comes with a parking space. Parking in the development is managed by a parking management company. When my daughter moved into her flat, the letting agency should have, but didn't, provide her with a residents parking permit for the space associated with her flat. Since neither my daughter nor her flatmate own a car, this was never a pressing issue for them. As far as they were aware, they were renting a flat with a parking space. In January this year, my daughter invited a friend to stay at her flat overnight, and told the friend to park in the flat's parking space. The friend, subsequently received a parking charge from the parking management company for breach of contract in that she had not displayed a permit. My daughter queried this with her letting agency, who confirmed that she rented a parking space, apologised for not having provided a permit, and gave her one. Her friend wrote to the parking management company explaining the circumstances, but they have steadfastly refused to cancel the charge and have, in fact, increased it to cover admin costs and so on. She has received numerous phone calls from the company (one threatening a criminal record if she didn't pay ), and has now been contacted by a debt collection agency. Surely the purpose of the parking management company is to ensure that residents right to park is not infringed by interlopers, and that in the circumstances above, there was no such infringement. I appreciate the contract argument, but my sense of fairness, and right and wrong, is bothering me. If the parking management company decide to sue this young woman for breach of contract, is this a case worth defending, or am I deluding myself?

I am a solicitor in Scotland. Thank you for your question. The case should be defended and it is very unlikely the parking company would take the case to court. The agent is at fault here and the agent should be telling the parking company to cancel the charge. Your daughter is contractually entitled to use the space and did so. The contract of lease takes precedence over any contractual liability to display a permit. Your daughter presumably didn’t know of such a contractual liability. To succeed, the parking company would have to prove that she did. For that reason she should refute their claim and refuse to engage in further correspondence. In my experience the demands will eventually cease. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 3 months ago.
Thank you very much for your prompt response. I am reassured by your opinion.