They are not and never could be "fines". They were simply speculative invoices for an alleged breach of contract by the driver. By paying the invoices with the fake added £70 per PCN, does not automatically mean you accept liability if you made it under duress or mitigation of loss. Your case remains strong for recovery from Bridges based on their misrepresentation.
The unregulated private parking company is laughing all the way to the bank.
You likely have a strong case for reimbursement due to negligent misrepresentation or breach of contract by your letting agent (Bridges). Here’s how you can approach this:
1. Holding Bridges or the Management Company Liable
• Bridges' Responsibility: Your letting agent provided incorrect information, which led directly to the Parking Charge Notices (PCNs). As your contractual agent, they had a duty to ensure they provided accurate details about your tenancy, including your parking rights.
• Management Company’s Role: They gave Bridges incorrect information, but unless you had direct dealings with them regarding the parking arrangement, your primary claim is against Bridges.
2. Grounds for Reimbursement
Your case is strong under negligent misrepresentation or breach of contract:
• Negligent Misrepresentation (Misrepresentation Act 1967): Bridges provided false information about your parking space, which you relied on to your detriment (financial loss of £340).
• Breach of Contract: If your tenancy agreement refers to a parking space and Bridges’ instructions contradicted it, they could be in breach of your agreement.
• Consumer Protection from Unfair Trading Regulations (CPUTR) 2008: If Bridges' incorrect advice led to financial harm, this could be considered an unfair trading practice.
3. Steps to Recover Your Money
Step 1: Formal Complaint to Bridges
1. Send a formal written complaint to Bridges requesting reimbursement, citing:
• Their admission of fault (as per your email evidence).
• The financial loss directly caused by their incorrect instructions.
• The expectation that they cover the costs of their mistake.
• Request reimbursement within 14 days, or you will escalate the matter.
Step 2: Complaint to The Property Ombudsman (TPO) (https://www.tpos.co.uk)
If Bridges is a TPO member, you can file a complaint if they fail to resolve the issue. TPO considers cases where agents provide misleading information, so you could argue that Bridges’ negligence led to financial harm.
Step 3: Small Claims Court
• If they refuse reimbursement, you can file a small claims case against Bridges.
• You would claim £340 plus any costs incurred (e.g., court fees).
• Your email proof (where they admit the mistake) is key evidence.
• The claim would be for negligent misrepresentation, breach of contract, or unjust enrichment.
4. Should You Involve the Management Company?
If Bridges refuses to pay, you could consider a dual claim involving the management company, as they originally provided incorrect parking information. However, your direct contractual relationship is with Bridges, making them the primary liable party.
5. Next Steps
• Send the formal complaint to Bridges demanding reimbursement.
• If they refuse, escalate to the Property Ombudsman.
• If that fails, file a small claim online via Money Claim Online.
Since you have email proof of their mistake, your chances of recovering the money are strong. They may try to avoid paying, but the pressure of an ombudsman complaint or a legal claim should encourage them to settle.
Before we go too far... what does your lease say about parking? What it doesn't say about parking equally important.