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Alice H
Alice H, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2850
Experience:  Partner in national law firm.
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Just receive a county court claim form from parking control

Customer Question

Just receive a county court claim form from parking control management about parking in a residential bay in front of my flat that I own. I have not responded to previous fine letters. There was not a permit scheme inplace when I bought my flat 2 years ago.
It has been introduced since and I have never received a permit.
My contract with the landowner doesn't state anything about parking restriction. i do pay service charge to a management agent employed by the landowner. Within the breakdown of the service charge it states it covers the maintain and upkeep of the carpark and details the individual costs.
Do I have a good chance of fighting this case?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy to help you today. Could you tell me on what basis this claim is being made? Have they set out any details in the particulars of claim?

Customer: replied 1 year ago.
They are claiming for parking services and indemnity cost.
Expert:  Alice H replied 1 year ago.

Is there any signage in the area requiring permits to park?

Customer: replied 1 year ago.
there are signs
Expert:  Alice H replied 1 year ago.

And do those signs require you to have some sort of permit to park in residential bays?

Customer: replied 1 year ago.
Expert:  Alice H replied 1 year ago.

Based on the answers you've given me, I'm finding it difficult to see a defence to the claim.

Whilst you may be a resident and pay service charges that does not automatically mean you have the right to park in the bay. The terms of your lease should clarify this; unless you have express permission to park in the bay the landlord could take enforcement action including the imposition of a penalty. Indeed, in a recent High Court case it was decided that parking "fines" are generally lawful.

Expert:  Alice H replied 1 year ago.
Hi. Can I assist any further? If not please remember to take a moment to rate my answer otherwise I am not paid for my time. Happy discuss further if needed. Alice.