Ticket issued in my own parking space

Berkshiregirl · 6 August 2009 at 7:22PM

I've just found a ticket on my car, which was parked in my allocated space in the underground car park at my flat. It's tipping it down tonight and I left my car to go upstairs and take the shopping bags up there. \unpacked them (maybe 5 minutes) then went down to put my permit up, and they've ticketed me.

I pay a service charge for my parking speace, it is specifically allocated to my flat and I have a copy of the lease that shows I have a 99 year lease on the parking space. I park there every evening with my ticket on display and I had to use my pass to get in in the first place.

Clearly I'm not going to pay up, and I'll dispute it. But what can I do?

sarahg1969 · 6 August 2009 at 8:37PM

Berkshiregirl wrote: »

I've just found a ticket on my car, which was parked in my allocated space in the underground car park at my flat. It's tipping it down tonight and I left my car to go upstairs and take the shopping bags up there. \unpacked them (maybe 5 minutes) then went down to put my permit up, and they've ticketed me.

I pay a service charge for my parking speace, it is specifically allocated to my flat and I have a copy of the lease that shows I have a 99 year lease on the parking space. I park there every evening with my ticket on display and I had to use my pass to get in in the first place.

Clearly I'm not going to pay up, and I'll dispute it. But what can I do?

You are entitled to quiet enjoyment of the land you lease.

There is no point in "appealing" because there simply is no appeals process. Think about it. Why would there be? They are in the business of making money; it wouldn't make sense to tell you you don't have to pay.

If you feel strongly, complain to your landlord.

Berkshiregirl · 7 August 2009 at 10:52AM

Thanks Sarah. I own the flat and the car park space, but they're leasehold rather than freehold. I have no landlord but will be writing a letter to the management company.

From reading the threads on here I'm not going to write to the company, and certainly not 'appeal' - I don't see how they can put a ticket on my car parked on my land, which forms part of the deeds to my property.

Guys_Dad · 7 August 2009 at 11:30AM

Was your ticket on display?

sarahg1969 · 7 August 2009 at 12:00PM

Guys_Dad wrote: »

Was your ticket on display?

She has already explained that it was not in the car at the time she was ticketed. That, however, is entirely irrelevant. It is her parking space.

Guys_Dad · 7 August 2009 at 12:12PM

sarahg1969 wrote: »

She has already explained that it was not in the car at the time she was ticketed. That, however, is entirely irrelevant. It is her parking space.

Well not really. If no ticket was on display, then how was the parking attendant able to know it was her car in her space?

Consider the other side of the coin. How would she have felt if a visitor who had been admitted by another resident had parked in her slot? She would probably have been most upset.

So they have a system in place there and ticket those not displaying a permit. She didn't do that at first, so got ticketed. Hopefully she will get off and, if the management company have sway with the parking company, she should.

So what other system would you substitute for residents to have their personal parking spaces protected (other than folding, lockable poles etc) and to discourage "illegal" parkers? Would she prefer that the parking company was dismissed and that no system was in place to guard her space?

peter_the_piper · 7 August 2009 at 12:15PM

""Well not really. If no ticket was on display, then how was the parking attendant able to know it was her car in her space?""

Because it a private car park to which others do not have access.
The rest of the post is superfluous.

sarahg1969 · 7 August 2009 at 12:31PM

Guys_Dad wrote: »

Well not really. If no ticket was on display, then how was the parking attendant able to know it was her car in her space?

Consider the other side of the coin. How would she have felt if a visitor who had been admitted by another resident had parked in her slot? She would probably have been most upset.

So they have a system in place there and ticket those not displaying a permit. She didn't do that at first, so got ticketed. Hopefully she will get off and, if the management company have sway with the parking company, she should.

So what other system would you substitute for residents to have their personal parking spaces protected (other than folding, lockable poles etc) and to discourage "illegal" parkers? Would she prefer that the parking company was dismissed and that no system was in place to guard her space?

All irrelevant, I'm afraid. She didn't appointment the PPC anyway. And why "other than folding, lockable poles" - is that not a better option? Why dismiss it?

Guys_Dad · 7 August 2009 at 1:50PM

sarahg1969 wrote: »

All irrelevant, I'm afraid. She didn't appointment the PPC anyway. And why "other than folding, lockable poles" - is that not a better option? Why dismiss it?

It seems you only read what you want to read and cherry pick. OP wrote
"I park there every evening with my ticket on display and I had to use my pass to get in in the first place".

Now, if it was an attended car park with a resident attendant to open the gates/barrier when she showed her pass, I would have assumed that she would have raised it with the resident attendant at the time.

So I conclude that it was an automatic one. I might be wrong, of course, but if I am right, then presumably any resident could park their own car and then lend their pass to get in to a visitor and then that visitor could park in anyone else's space. I certainly have experience of such a set up.

And I did not dismiss foldable, lockable posts - in fact they are the best choice - but they don't have them installed currently, do they?? They would, of course, come at a cost which someone has to pay for.

Now I don't know why a parking company was appointed. Someone must have instructed them and probably that was initially in the belief that this would ensure that encroachers don't nick the residents' parking spaces. Naive, perhaps, or even a kickback from the parking company to someone in the freeholder's employ.

So back to my original point. In the absence of physical deterrents, such as posts, what other alternative do you suggest for safeguarding residents' allocated parking or are you advising that the parking company's services should be dispensed, with as the pass to gain entry should suffice?

sarahg1969 · 7 August 2009 at 2:28PM

I didn't cherry pick. I clearly read all of it, and commented on all of it (that it was all irrelevant).

How do you even know that there IS an issue with parking?

Berkshiregirl · 7 August 2009 at 2:33PM

Thanks for your responses guys. For the record, beyond the first few weeks when people had moving in vans and extra cars there isn't a parking problem. However I recognise it's a chicken and egg scenario - is it because there's now permits and an entrance gate, or were they never needed in the first place?

Either way, my dispute is that I am the legal owner of that piece of land and I will not be paying their fee. From the advice I've been reading my intention is to ignore the requests for payment, and then *if* it goes to court I have evidence that I own the land therefore I can legitimately park there.

Would anyone advise differently?

Ticket issued in my own parking space

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