Ethical Parking Contractual Breach Charge

[seagull2010]

While away on holiday my Father removed our Ethical Parking Permit ( as he thought it was the permit for our road)

from our car which was parked on our buildings car park.

 

 

We then received a ticket on our car saying we have a fine.

 

 

The fine is for a "Contractual Breach" as our car was parked without displaying the permit.

 

 

We own our flat and really don't see why we should pay this as it seems like blatant opportunism on their part

as we have explained that we live there and it was a mistake.

 

 

Does anyone have any advice?

Many thanks in advance

[Guest]

welcome to cag

 

the guys shld be along just now, to say that the contract/signage is no good?

[seagull2010]

Thank you!. Really don't want my dad to have to hand over £100 to them as this is what the fine goes up to if it's not paid within 14 days, this is today.

[Guest]

in the meantime, have a read around the private parking threads, and search 'ethical parking'.

[honeybee13]

Thread moved to the private parking forum.

 

HB

[silverfox1961]

Hi and welcome to CAG. Unfortunately I have had to hide the images as you have left some personal info on the first one.

 

As it is, I would wait for the Notice to Keeper to arrive. This should be between 29 and 56 days after the parking event. You can then appeal as the keeper. Only mention the driver as 'the driver' Never name them. You will be rejected as a matter of course but they must then give you a POPLA code to take it to the independent appeal.

 

Ethical is a small company and so far haven't taken anyone to court. This is NOT a penalty charge backed by law but a parking charge which is vastly different.

[seagull2010]

Hi Silverfox, sorry, I really should of noticed that!. Thank you for your advice and we will wait now.

[dx100uk]

and can we please point out

IT IS NOT A FINE

 

go read the paperwork again..

 

nowhere do they ever use that word

 

its a speculative invoice

for breaking a supposed 'contract' you have with them.

 

sadly, your right of tenancy blows it out the water..

[seagull2010]

Just to clarify, do you mean that the tenancy agreement works in our favour?

[dx100uk]

yes

 

 

dx

[seagull2010]

Thanks dx

[BankFodder]

In any event, the fact that they identified as a "contractual breach" means immediately that they are only entitled – if they are entitled to anything at all – to recover any administrative losses caused by this "breach".

 

At £100, I think that they would have difficulty showing that this equals the administrative losses, if any.

 

It's unenforceable if only for that reason.

[seagull2010]

In any event, the fact that they identified as a "contractual breach" means immediately that they are only entitled – if they are entitled to anything at all – to recover any administrative losses caused by this "breach".

 

 

At £100, I think that they would have difficulty showing that this equals the administrative losses, if any.

 

It's unenforceable if only for that reason.

 

That's good to know bankfodder, this is all alien to me so I am very grateful to have this forum to post in.

[ericsbrother]

essentially you have what is called superiority of contract

which means they cant tell you what to do on your own property.

even if they do have a valid contract with someone else

( they wont have, it will be a worthless contract with the managing agents).

 

The wording of their first NTK is very important,

they may well have sunk themselves if they havent got it exactly right

 

 

so post it up with your presonal details removed, such as name, car reg, their ref no,

but do leave in the time of observation and what they claim was the breach.

 

 

We can compare that to the signage at the site and see if they have just invented a breach of a non-existent condition (common).

 

 

Dont forget, this is just to really stick it to them rather than just relying on the fact they have trespassed againt you

[dx100uk]

PDF Format please

[seagull2010]

essentially you have what is called superiority of contract

which means they cant tell you what to do on your own property.

even if they do have a valid contract with someone else

( they wont have, it will be a worthless contract with the managing agents).

 

The wording of their first NTK is very important,

they may well have sunk themselves if they havent got it exactly right

 

 

so post it up with your presonal details removed, such as name, car reg, their ref no,

but do leave in the time of observation and what they claim was the breach.

 

 

We can compare that to the signage at the site and see if they have just invented a breach of a non-existent condition (common).

 

 

Dont forget, this is just to really stick it to them rather than just relying on the fact they have trespassed againt you

 

Thanks, I will attach the images tommorow with personal details removed. Appreciate your help.

[dx100uk]

follow the upload

use PDF

[seagull2010]

Hi,

here is the ticket with personal info deleted.

Many thanks.

 

Here is the signage on the carpark.

CBC.pdf

Edited June 22, 2016 by dx100uk
22Mb ticket reduced to .2Mb - dx

[silverfox1961]

14:04 to 14:08!!! 3 ruddy minutes. What about the grace period allowed to read, understand and then leave the site? Not that it matters. I suspect that when you appeal, EP will reject you on some spurious grounds but you should win at POPLA.

The 3 minutes plus the supremacy of contract should stuff them good.

[brassnecked]

Cheeky gits £5 fee for paying by debit card, unlawful that one isn't it?

 

Their contract is inferior as also it contravenes your occupation rights.

[ericsbrother]

so, permit holders only - well you have a permit( not that it makes a difference to the lack of standing) and if you didnt then you cannot entter into a contract anyway as you dont have a permit.

Wait for the NTK to be sent and respond to them as the keeper. DO not explain anything and do not say who was driving. Not their business.

[Guest]

the permit holders only sign says 'on behalf of the freeholder/agents'. dont you own your flat (freehold) which will no doubt include parking. how can you give yourself a ticket

[seagull2010]

I noticed the time being 3 minutes!!!!!. Yes we own our flat so the whole thing seems ridiculous, I spoke to the managing agents this morning and they as always are not interested, all they said was " well we do need ethical parking to manage the carpark, otherwise everyone will be using it". I hate the fact that we pay the agents to manage our building and this is the crap we have to deal with.

[ericsbrother]

The managing agents are the problem so it is pointless speaking to them other than to tell them you may well sue them for the harassment. They invited these bandits to your property without your consent and because of that the parking co has no contract as the agents dont have the authority to create one. However, this is beyond the level of intelligence of the parking co and agents and anyway, they are both greedy so they dont actually care.

A letter to the parking co copied to the managing agents saying simply they have no right to make any claim against you and that if they do not desist you will sue them for damages as per Davey v UKPC (Winchester cc 21/1/13)