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Parking fine at my own home

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Re: Parking fine at my own home
Reply #30 on:
#31
The reason I and other posters have been somewhat labouring the point around the lease is because if PCM eventually sue you in the County Court, primacy of contract would have been by far your strongest arm of defence. There is still likely a decent amount of time before they do take you to court (if they decide to), which should be more than enough time for your parents to obtain a copy of their lease from the landower. But, if they are unwilling to help you out by doing this we will have to explore other options.

Ok, to recap where we are:
  • You live in a property, but have no contractual agreement to be there, as you have been allowed to live there by your parents
  • Your parents likewise cannot provide you with any documents to prove that they have any contractual agreement to be there
  • As a result of not being able to locate a lease, they likewise cannot prove that they have a space(s) demised to them via said lease
  • You mentioned at one point "All the agreement mentions is that the car park requires a permit", but as yet we do not know what agreement this is, how it came into your possession, nor which parties said agreement is between
  • You have 2 tickets in play. 1 is for parking in a bay that is allocated to you (via the missing lease), and 1 is for parking in a bay allocated to a third party (the housing association).

For the parking charge you have received for parking in your own bay, the following potential arguments:
  • Primacy of contract. The parking spot is demised to your parents, who granted you permission to park in it. A difficult argument to run without evidence.
  • No contractual offer - we have not yet seen photos of the signage (this would be useful), but if it requires the displaying of a permit, there is an argument to be made that the signage is prohibitive, insofar as it doesn't make a contractual offer to those without a permit to park. The downside here is that you do have a permit, it simply wasn't displayed.
  • No commercial justification - you had a permit, but simply forgot to display it, and as such now they are aware you have one, there is no commercial justification for continuing to pursue you. The counter argument here might be that there is a commercial justification for penalising non-diplay, on the basis that the wardens who patrol need to be able to identify who is entitled to park where, so that they can effectively manage parking. This argument could potentially be overcome.

For the parking charge you have received for parking in the Housing Association's spot, the 'No contractual offer' argument would seem to be the best fit, again, subject to what the signs say.
Re: Parking fine at my own home
Reply #31 on:
#32
The reason I and other posters have been somewhat labouring the point around the lease is because if PCM eventually sue you in the County Court, primacy of contract would have been by far your strongest arm of defence. There is still likely a decent amount of time before they do take you to court (if they decide to), which should be more than enough time for your parents to obtain a copy of their lease from the landower. But, if they are unwilling to help you out by doing this we will have to explore other options.

Ok, to recap where we are:
  • You live in a property, but have no contractual agreement to be there, as you have been allowed to live there by your parents
  • Your parents likewise cannot provide you with any documents to prove that they have any contractual agreement to be there
  • As a result of not being able to locate a lease, they likewise cannot prove that they have a space(s) demised to them via said lease
  • You mentioned at one point "All the agreement mentions is that the car park requires a permit", but as yet we do not know what agreement this is, how it came into your possession, nor which parties said agreement is between
  • You have 2 tickets in play. 1 is for parking in a bay that is allocated to you (via the missing lease), and 1 is for parking in a bay allocated to a third party (the housing association).

For the parking charge you have received for parking in your own bay, the following potential arguments:
  • Primacy of contract. The parking spot is demised to your parents, who granted you permission to park in it. A difficult argument to run without evidence.
  • No contractual offer - we have not yet seen photos of the signage (this would be useful), but if it requires the displaying of a permit, there is an argument to be made that the signage is prohibitive, insofar as it doesn't make a contractual offer to those without a permit to park. The downside here is that you do have a permit, it simply wasn't displayed.
  • No commercial justification - you had a permit, but simply forgot to display it, and as such now they are aware you have one, there is no commercial justification for continuing to pursue you. The counter argument here might be that there is a commercial justification for penalising non-diplay, on the basis that the wardens who patrol need to be able to identify who is entitled to park where, so that they can effectively manage parking. This argument could potentially be overcome.

For the parking charge you have received for parking in the Housing Association's spot, the 'No contractual offer' argument would seem to be the best fit, again, subject to what the signs say.

I can try and get them to find some sort of lease agreement again. Going by other posters questioning, my parents own the flat and have in the past rented it out, I then moved in but didn't sign a lease agreement with them.

Going by my recent post about my appeal, given the fact that the specific one that I'm getting chased for. (Of the 2 fines I've got only 1 currently is being actively pursued) Is for me parking in a bay I'm entitled to park in but forgot a permit. And I have stated that I forgot my permit and submitted evidence of me having a permit. What are the likely directions that this goes down?
Re: Parking fine at my own home
Reply #32 on:
#33
Is for me parking in a bay I'm entitled to park in but forgot a permit. And I have stated that I forgot my permit and submitted evidence of me having a permit. What are the likely directions that this goes down?
Essentially, as I said in my post above. They might cancel. If they don't, then you can run the various arguments above. PCM's likely argument will be that you're only entitled to park in that bay if both have and display a permit. There are arguments you can raise against this, as I outline above.

The strongest of those arguments would be showing that you had the express permission of the owners of the space to park there, but of course this comes back to proving the primacy of contract (i.e. that they own the space to be able to assign such permissions to you). The other arguments are as above.
Re: Parking fine at my own home
Reply #33 on:
#34
what was the "agreement" you read that said you need a permit. who was the agrement issued by and addressed to whom?
Quote from: andy_foster
Mick, you are a very, very bad man
Re: Parking fine at my own home
Reply #34 on:
#35
what was the "agreement" you read that said you need a permit. who was the agrement issued by and addressed to whom?

I do not have  a written personal agreement in a lease document. There is the standard BPA notice board at the entrance of the car park stating that cars must have a correctly displayed permit and parked in a bay properly etc etc.

I did receive this letter today in the link below:

https://pasteboard.co/BH6KwNM9ALHE.jpg

having to state that "we are a law firm" doesn't exactly scream validity to me and a google search seems to back that they don't really have much legitimacy to them.

Any thoughts on where to go next?
Re: Parking fine at my own home
Reply #35 on:
#36
Moorside Legal is definitely a law firm and you should search the forum to find many cases involving them.

Their letter should
Quote
the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
, which it clearly doesn’t, it’s utter rubbish, so you should respond
Quote
The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed
to the effect that you can’t reply to any substantive details in their letter because there aren’t any, but you will be defending the claim in full.

You might want to look at https://www.ftla.uk/private-parking-tickets/letter-before-claim-received-from-moorside-legal/msg95464/#msg95464, for example. Or just reply more simply to their laughably incompetent letter.
Last Edit: March 25, 2026, 06:15:42 pm by jfollows
Re: Parking fine at my own home
Reply #36 on:
#37
Moorside Legal is definitely a law firm and you should search the forum to find many cases involving them.

Their letter should
Quote
the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
, which it clearly doesn’t, it’s utter rubbish, so you should respond
Quote
The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed
to the effect that you can’t reply to any substantive details in their letter because there aren’t any, but you will be defending the claim in full.

You might want to look at https://www.ftla.uk/private-parking-tickets/letter-before-claim-received-from-moorside-legal/msg95464/#msg95464, for example. Or just reply more simply to their laughably incompetent letter.

Apologies i'm struggling to come up with a reply that i'd need to send them.

I basically need to say that "there's no confirmation of the claim being accepted and lacks any substantive details for me to respond to."

Obviously my end goal here is not have to fight this in a court, I simply do not think I should be fined for parking at my own home and want the charges dropped.
Re: Parking fine at my own home
Reply #37 on:
#38
Moorside Legal is definitely a law firm and you should search the forum to find many cases involving them.

Their letter should
Quote
the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
, which it clearly doesn’t, it’s utter rubbish, so you should respond
Quote
The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed
to the effect that you can’t reply to any substantive details in their letter because there aren’t any, but you will be defending the claim in full.

You might want to look at https://www.ftla.uk/private-parking-tickets/letter-before-claim-received-from-moorside-legal/msg95464/#msg95464, for example. Or just reply more simply to their laughably incompetent letter.

I have responded exactly as per the link sent to an email found in another thread (Moorside unsurprisingly don't post an email address on their website)

Will see what comes of it if any.

if I get no response am I likely to keep getting pestered or can I consider it dead and buried?
Re: Parking fine at my own home
Reply #38 on:
#39
Moorside Legal is definitely a law firm and you should search the forum to find many cases involving them.

Their letter should
Quote
the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
, which it clearly doesn’t, it’s utter rubbish, so you should respond
Quote
The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed
to the effect that you can’t reply to any substantive details in their letter because there aren’t any, but you will be defending the claim in full.

You might want to look at https://www.ftla.uk/private-parking-tickets/letter-before-claim-received-from-moorside-legal/msg95464/#msg95464, for example. Or just reply more simply to their laughably incompetent letter.

I have responded exactly as per the link sent to an email found in another thread (Moorside unsurprisingly don't post an email address on their website)

Will see what comes of it if any.

if I get no response am I likely to keep getting pestered or can I consider it dead and buried?

Update: I got an automated email response saying:
"Thank you for contacting Moorside Legal.

Please be advised that this mailbox is not monitored. We request that you access our online portal at
portal.moorsidelegal.co.uk
and follow the instructions provided to submit your enquiry.


Alternatively, you may contact us by telephone on 0330 822 9950 between the hours of 9:00am and 5:30pm, Monday to Friday."

Re: Parking fine at my own home
Reply #39 on:
#40
Just to keep this thread open.

I have unsurprisingly not had a response to my email. So my question is what is likely to be the next step that these people take and how can I prepare to answer?
Re: Parking fine at my own home
Reply #40 on:
#41
Hi all,

Reopening this thread as I recently received a "letter before claim - final notice" from 'BWLegal' claiming something along the lines of previous solicitors have been contacted and it's now been passed on to them. It's the same £170 "fine" as the previous one from Moorside.

I have replied with the same email template as before, is this the correct approach or do I need to go in another direction as it seems like it's getting closer to a CCJ which obviously I'd like to avoid.

Many thanks.
Re: Parking fine at my own home
Reply #41 on:
#42
If you haven't done so already, I suggest you read up on "CCJ", for example http://www.ftla.uk/private-parking-tickets/kellys-storage-luton-universal-parking-enforcement-ltd/msg59804/#msg59804

The fact that you have responded to the BW Legal Letter of Claim is all that matters, whatever you said in it will most likely be ignored. Just as long as you have set out your position, that's all that's needed for now. You're doing it for the courts to demonstrate that you are properly engaged with the process.
Last Edit: Today at 08:25:54 am by jfollows
Re: Parking fine at my own home
Reply #42 on:
#43
If you haven't done so already, I suggest you read up on "CCJ", for example http://www.ftla.uk/private-parking-tickets/kellys-storage-luton-universal-parking-enforcement-ltd/msg59804/#msg59804

The fact that you have responded to the BW Legal Letter of Claim is all that matters, whatever you said in it will most likely be ignored. Just as long as you have set out your position, that's all that's needed for now. You're doing it for the courts to demonstrate that you are properly engaged with the process.

Reading that thread then I basically have a long way to go and can technically "lose" the case and have to pay without actually getting a CCJ issued
Re: Parking fine at my own home
Reply #43 on:
#44
You need to be careful with terminology, and the thread I referred you to isn't precise either, a CCJ is a County Court Judgment but what's important usually is the entry in the Register of Judgments, Orders and Fines which can be removed following the CCJ as long as the debt is paid within one month. The "CCJ" is neither here nor there, but what it leads to may be.

What to do if you receive a county court judgment (CCJ) - how to get it set aside or change what you pay, what happens if you do not pay, how to search the register. Includes information from the w...
gov.uk


But your point is correct, the parking companies bandy the "CCJ" term about hoping you won't notice they also say it "may" affect your credit record because they want to frighten you into paying. The reality is that if I take you to court for an alleged debt and you lose and pay up promptly , that's the end of it, and you'll only end up paying some additional court fees on top of the alleged amount of debt.
Last Edit: Today at 08:48:53 am by jfollows