Free Traffic Legal Advice

I moved into a flat in London in April, and it came with a parking space.

Unbeknownst to me, I had been receiving parking fines (PCNs) for that bay, but they were sent to my old address because I forgot to update my V5C logbook with the DVLA (stupid me). I only found out about them when the tenant at my old address messaged me as they got my number through my old landlord, and were being bombarded with letters. At first, I paid what I thought was the only outstanding PCN.

However, I later received more letters about additional fines - both to my old address and my current one. I emailed TNC Collections last week to explain that I had not received the earlier notices (genuinely true) and they told me they got my details from the DVLA and that there are 7x unpaid PCNs linked to my registration, all issued on the same date for the same bay.

They have asked me to prove I updated my V5C in May (which I hadn’t otherwise the letters would have come to me directly). They also said they do not handle disputes or appeals, as they are just a debt recovery agency so they expect me to pay all the fines.

The total they are asking for is £1,190. I do not want to pay this amount, especially as it is seven fines for what is essentially my own flat’s parking space, which feels unreasonable.

What should I do? I accept that I should have updated my V5C and sorted my permit sooner, but this still seems excessive.

Any help is appreciated and understandable if you think this is unsolvable

Thanks!

Why on earth did you pay any of them? That was a really silly move as paying for one of them means that you accepted liability.

Did you receive the initial PCNs as windscreen Notice to Driver (NtD) or were they solely issued as postal Notice to Keeper (NtK). I advise you to show us at least one of the other ones you have received, both sides. TNC is not a parking operator. They are debt collector and they normally only issue PCNs as NtKs on behalf of someone else. This makes their NtKs non-compliant with PoFA which means as long as you don't blab the drivers identity, they cannot hold you liable as Keeper. Unfortunately, it sounds as though you have proverbially flushed that winning argument down the toilet.

Also, stop referring to them as "fines" as they are nothing of the sort. They are simply speculative invoices issued by an unregulated parking firm for an alleged breach of contract by the driver. They rely on the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

What does your lease say about parking? What it doesn't say about parking is equally important. For example, doe it mention any requirement to display a permit? Is your parking space demised in your lease?

Show us one of the PCNs you received (an original, not a reminder).

What you need to understand about debt collectors and how to stop being low-hanging fruit on the gullible tree...

Why no bailiff can knock on your door

1. County Court Judgment (CCJ):

• A bailiff (enforcement agent) can only get involved after a creditor has obtained a CCJ against you in a county court.
• If the CCJ is under £600, the creditor cannot transfer it to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Instead, enforcement would remain under the county court's jurisdiction.

2. Threshold for High Court Enforcement:

• If a CCJ is over £600 (including fees and interest), the creditor can transfer it to the High Court for enforcement by an HCEO. This is a common method because HCEOs tend to be more effective at recovering money.

3. Cost-Benefit Analysis for Creditors:

• For CCJs under £600, creditors may find it uneconomical to pursue enforcement through county court bailiffs, as they are generally slower and less effective than HCEOs.
• As a result, creditors may opt not to escalate enforcement for small amounts.

4. Private Parking Charges and Bailiffs:

• In the context of private parking charges, no bailiff action can occur unless the parking operator has gone to court, won a case, obtained a CCJ, and you fail to pay the judgment within the stipulated time (usually 30 days).

So, no bailiff will come to your door for a debt under £600 unless the creditor deems it worth pursuing through county court enforcement. However, even if the debt is over £600, bailiff involvement only happens after a CCJ is issued, and enforcement is transferred to the High Court.

I found the following clause in my tenancy agreement -

"10.24. You agree to park only in the space/s or garage allocated to the Property (if any) and to keep any vehicles kept at the Property fully taxed and in a roadworthy condition."

"10.25. You must obtain written consent to store or leave on the Property or any communal car parking space any commercial vehicle, caravan or boat, such consent not to be unreasonably withheld or delayed."

there is nothing on any permit needed, can I use this as argument?

Yes, it’s utterly fundamental to your appeal/defence.
Where are you at, you were asked to show one of the PCNs, and do not identify the driver, see https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/.