Redbridge sports centre 'double dipping' parking fiasco meets court disapproval
This article has important information about 'double dipping' a known
ANPR parking issue that results in unwarranted tickets. Local residents
using private car parks should read this article to understand the problem
better when challenging incorrect parking notices.
For many years Redbridge Sports Centre in Barkingside have been charging
people for the privilege of parking in their car park - as if their fees were
not exorbitant enough!
The signs placed by the parking management company known as Parking
Charge Ltd (PCL), state in no uncertain terms that a 20 min charge exemption
applies for vehicles entering and exiting the site for the purposes of dropping
of and collecting users of the centre.
Rather bizarrely Mr Chowdhry a former resident of Ilford was bemused
when he was faced with a CCJ placed against his name by PCL, for an alleged
parking offence, when applying for a mortgage transfer for one of his
buy-to-let properties.
Mr Chowdhry submitted a court application to set-aside the judgement based
on the fact that he had had never received a parking notice, mainly because PCL
had sent the parking notice to the wrong address.
When he received the court submissions from BW Legal who were contracted
to represent PCL on the 31st of January 2020 (three days before
hearing) he was bemused to see the administrative errors. These mistakes provided them with the bravado
to turn up to court with a case they would otherwise have known they were going
to lose.
Representing himself, Mr Chowdhry explained about his move to Chigwell,
he provided evidence that his daughter Hannah Chowdhry has membership to
Redbridge Sports Centre and therefore his vehicle should be exempt from
any parking charges. Moreover, her provided evidence that he had only
been present in the car park to pick and drop his daughter to the
centre. Mr Chowdhry asserted that the parking notice had been given in
error due to ANPR having failed to record his exiting of the car park and later
return to the same parking spot. This failure is common amongst
private parking contractors unwilling to pay for more robust parking monitoring
systems. Read more here (click here)
The solicitors posted out their submission papers to Mr Chowdhry on the
29th of January giving only the Friday for Mr Chowdhry to obtain essential data
from Redbridge Sports Centre. Prior to this Mr Chowdhry had no idea where
the parking offence had occurred. This ploy was designed to favour BW
Legal whose legal representative grinned at Mr Chowdhry when they advised him
his submission was too late. What they had failed to recognise was that
because of their poor administration Mr Chowdhry was able to convince the judge
to allow the appeal based on the fact that he could not have submitted his
defence earlier as he was not aware of the alleged parking contravention
location.
To Mr Chowdhry's chagrin, when he requested a statement of fact
confirming, the 20 minute parking exemption for pick and drop services and his
daughters membership at Redbridge Sports Centre which permits free parking, he
was met with delay.
Mr Chowdhry emailed the manager responsible, calling him on his direct
line three times (left messages) and visited the centre explaining that he
needed evidence for today's hearing. Despite all these efforts Mr
Chowdhry received no response. He believes that the lack of interest is because
the centre obtains an income from the parking management company and they were loath
to upset the apple cart. Today he has registered a complaint with senior
management as the lack of this evidence almost led to him failing with his
appeal.
In less than 2 minutes the presiding judge upheld Mr Chowdhry's
application to set aside the previous judgement and PCL are now required to pay
his costs by 17th February 2020.
Mr Chowdhry, said:
"PCL
placed me in a very difficult financial situation.
"Their
inept actions left me unable to secure my mortgage transfer as the CCJ had a
massive impact on my current credit rating.
"Paying
costs does not cover the inconvenience I have had to undergo, which includes
representing myself at Romford County Court and the delay in transferring
several of my buy-to-let mortgages.
"I
am glad that they will feel the pinch of the financial penalty and the fact
that they have had to pay for the costs of their solicitor who had to travel
from West Yorkshire to present the shambles of their case in London.
"However,
I will be writing to MP's, local councillors and to HM Courts and Tribunal
Service asking for a fast-track system to be applied for set-aside applications
for CCJ's with a reasonable case.
"I
will also be calling for a series of penalties to be applied to corporate
organisations who rush to apply CCJ's without complying with existing
legislation.
"Especially
those who fail to offer mediation and resolution when they know they are in the
wrong.
"The
current system is completely unfair to people like me who are innocent and have
had to suffer financial loss as a consequence of the poor administration and
operating practices of large firms."
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