Free Traffic Legal Advice

Dear b789
I hope you have had a very happy new year. Moorside has replied today after couple of weeks with this no reply email as follows
Thank you for your email. Kindly please advise of next step I have also send them a letter via Post office.
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Kind regards,

Moorside Legal

Good evening b789,
I hope all is well. As advised I sent the email to Data protection officer and an auto reply has been received straight as follows, Kindly please advise what to do next I have also sent the response via post twice and I have a certificate of postage (Receipt)
Thank you for contacting Moorside Legal.

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Yours sincerely
Moorside Legal

0330 822 9950
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Moorside Legal Services Limited trading as Moorside Legal Registered in England and Wales with Company Number 15069347 Authorised and regulated by the Solicitors Regulation Authority - SRA ID 8006077 Registered office address: Unit 1.01, Hollinwood Business Centre Albert Street, Failsworth, Oldham, England, OL8 3QL © 2023 Moorside Legal Services Limited All Rights Reserved

Good evening
Just to update you and what shall I do next Moorside as responded after 5 days as follows and I did not want to engage via their portal as it only tells you to pay I think:

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.
Third Parties

If you are corresponding on behalf of another individual, we must obtain their explicit authority before we can discuss their matter with you. They may provide this authorisation by contacting us on 0330 822 9950, or by writing to us to confirm their full name, address, reference number, your full name, and their consent for us to share their personal data with you.
Alternative Contact

For immediate payment, please visit portal.moorsidelegal.co.uk.

If a Claim Has Been Issued
Please note that if a County Court Claim has been issued against you, sending an email or a portal request will not suspend or delay the proceedings. You must comply with any instructions issued by the Court to avoid a Judgment being entered against you. You may also wish to obtain independent legal or debt advice.


Yours Sincerely,
Moorside Legal

 

This email may contain confidential and/or privileged information. If you are not the intended recipient (or have received this email in error) please notify the sender immediately and delete this email, together with any copies from your system. Any unauthorised use, copying, disclosure or distribution of the material in this email is strictly forbidden and may be unlawful. Please note that neither Moorside Legal nor the sender accepts any responsibility for viruses, and it is your responsibility to scan any attachments.

Moorside Legal Services Limited trading as Moorside Legal Registered in England and Wales with Company Number 15069347 Authorised and regulated by the Solicitors Regulation Authority - SRA ID 8006077 Registered office address: Unit 1.01, Hollinwood Business Centre Albert Street, Failsworth, Oldham, England, OL8 3QL © 2023 Moorside Legal Services Limited All Rights Reserved

Dear b789,
Thank you ever so much for your help. Your guidance and advise has made me to revisit my tenancy agreement and it does not mention any parking contract. I applied for Parking permit through my Landlord L&Q then they granted me. However in 6 Feb 2013 L&Q wrote to residents stating that " I am writing on behalf of L&Q Housing Trust regarding your parking permit which is due to expire. At present the parking is suspended on the scheme until further notice, new parking permits will be issued by PCM parking control management UK ltd. PCM will Contract you with all the information needed".   Then after they issued me with the same Bay number 78.
I am not sure how to attach files or photos but PCM also put the following in their defence with IAS as following
SITE BACKGROUND
Parking Control Management UK Ltd has been contracted by the freeholder to manage the parking in this area by
enforcing the parking restrictions. Parking is very limited with over ½ of the residences have no parking rights and the
remaining properties only able to park one vehicle in an allocated bay. I can confirm that every bay is allocated to an
individual property.
This has been in operation since the May 2013 but only within a section of the car parking areas. However, in early
January 2017, the freeholder made the decision to include the remaining bays. All residents of Samuel Jones &
Rosemary Court were written to by the Housing Association and invited to apply for a bay. The decisions to allocate
the bays was made by the HA and the operator informed to issue permits to the successful applicants.

The contravention:
The vehicle was parked in a manner that contravenes the terms and conditions for the use of the private land on which
it was photographed. These terms and conditions are clearly stipulated throughout the area and upon review, the
operator is confident that the Parking Charge Notice (PCN) was correctly issued, in line with these signs.
On this occasion, the vehicle was parked without fully displaying a valid permit within the windscreen.
The advertised contractual terms require a valid permit be displayed and that this permit is appropriate for the
bay/area in which the vehicle was parked. This is clearly outlined by signage and the onus is on the driver to ensure
compliance with the terms. If a driver is unsure they should seek further advice or refrain from parking.
Signage advises that retrospective evidence of authority to park will not be accepted; therefore claims or copies of
permits provided at a later date cannot be considered.
Response to the appellant’s representation:
At the time of the contravention the vehicle was parked in a bay numbered with 78 without displaying a valid parking
permit.
The guidance to this appeal makes it clear that the assessor is only permitted to consider the law of contract and legal
challenges & not mistakes or extenuating circumstances. Only the Operator can consider mitigation when adjudicating
upon an appeal. I can confirm that we have carefully considered the Appellant’s circumstances both at the internal
appeal stage and when this appeal was received. Whilst the Operator sympathises & understands the situation, we
have made the decision not to accept the mitigation in this case.
As per the photographic evidence, the vehicle was parked without the correct permit for the bay in which it was parked
therefore the Operator maintains that the PCN was correctly issued
and they did attach the following ( I am sorry I tried to attach but I was unable to so I am free typing the letter)
                                      Parking Restriction -Rosemary Court/Samuel Jones Court   30 January 2017
Dear Resident,
We are writing to inform you that as from 13th February  2017permits previously issued to you by PCMUK  Ltd for the above development will no longer be Valid.
As from the above date you will be required to display the attached parking permit in the windscreen of your vehicle/s at all times and be parked in the corresponding bay only. Please find the enclosed a BLUE permit for your allocated parking space. This permit is only valid on your allocated space.
SHOULD YOUR BAY BE UNAVAVILABLE FOR ANY REASON THEN PLEASE FIND ALTERNATIVE PARKING.AT NO TIME PARK IN A BAY THAT DOES NOT CORRESPONF TO THE PERMIT DISPLAYED.
The following parkin g regulations will apply and vehicles will be subject to the issue of Parking Charge Notice (PCN) of £100 reduced to £60 (if paid within 14 days of issue) if
- You park in a resident bay without clearly displaying a valid corresponding resident parking permit (Issue Feb 2017)
- You park outside of marked bay i.e. access roads, paved areas at any time regardless of permit display
PLEASE MOTE ALL BAYS NUMBERED 1 TO 78 WILL NOW BE MONITORED FOR PERMIT DISPLAY
It will be YOUR responsibility to park correctly and to ensure that a valid parking permit is on display when parking your vehicle. Failure to do so will result in your vehicle being subject to enforcement action. Any vehicle that are enforced will be photographed beforehand to confirm permit or location status.
PLEASE NOTE: Tampering with permits in any way will invalidate the permit and your vehicle will liable to enforcement action. Should your permit become worn/faded or unreadable you will need to replace your permit immediately. As from this issue all replacement permit or additional bay permits ( for your allocated bay ONLY) will be chargeable at £15 each. These permits are designed to be used as a transferable permit or can be permanently fixed to the windscreen of your vehicle (See instruction below).
Your Housing association have no jurisdiction over vehicles enforced and under no circumstances will they act as mediators in any cases concerning the enforcement of any vehicles.

So I kindly ask if I should consider my position based on the above findings. Kindly please advise and your help is very much appreciated.