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Fine for Parking in my Apartment's Private Space without Permit

2

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Not so - I live in a block of flats and we use a management company, but we each own a proportion of the freehold, which is fairly common these days.

    It gets better and better.

    One question, when the MA brought in the PPC, was it with the approval of the Residents' Association or not? If not, then the RA should be able to tell them to sack the PPC.
    You never know how far you can go until you go too far.
  • Double_V
    Double_V Posts: 912 Forumite
    I am in similar situation.
    Parked in own bay and no permit displayed as it fell.

    Popla have accepted my appeal and 8 April date given.

    Lets see.
  • Half_way
    Half_way Posts: 7,051 Forumite
    First Anniversary Name Dropper First Post
    DoaM wrote: »
    Great idea ... except this is IPC hence IAS, not BPA hence POPLA. (For both OP and Marcd86). So it is highly unlikely that the PCNs will be seen off - they'll just accrue until such time the PPC thinks it might be worth a punt at court.


    OK try this, tell the management compnay to shove the car park pass where the sun doesnt shine - in other words hand it back together with a dated letter stating that you are returning this pass as you do not agree to the management company or its agents imposing conditions that are contrary to your lease/freehold or are detrimental to your rights to peaceful enjoyment of the property.
    Also state the should the management company or any of its agents enter your property ( parking space) for the purpose of affixing a parking charge notice or similar you may consider it to be trespass.
    Also tell the management company that should you receive any letters from them, or their agents demanding money for not displaying a permit you may charge the management company £18 per letter.
    keep a copy of this letter.


    Should they try anything funny you have this to fall back on, plus the fact that youve handed back your pass and are no longer displaying it could be seen to demonstrate that you are not/no longer in the display a permit system to park on property which you have a right to do so.

    Next you can play at the IAS 'appeals' system, You can try several techniques including so called cast iron challenges that should be upheld, to the ludicrous made up stuff ( radioactive squirrels?)
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • vicky7_2
    vicky7_2 Posts: 8 Forumite
    @ Mattye / Vicky7 - you won't get a POPLA code as UKPS (NW) Ltd are members of the IPC and not BPA.

    Send a strongly worded denial of debt letter back to TNC including a paragraph stating that they should desist to contact you by phone. Any further communications will be deemed harassment which may involve contacting outside authorities for assistance.

    If you are employing a management company then I question the fact that you own the freehold to the property, but have leasehold.

    Write to the management company stating that if they do not instruct the cancellation of this charge then you may consider further action or including them in a counterclaim should legal proceedings commence.

    RMG will be on a kickback for collected charges and indeed you no doubt pay a management fee.

    Thanks for the advise, I checked my deeds and you were right unfortunately it is leasehold. I pay £150 a year ground rent.

    In relation to the parking space it states:

    The Granted Rights
    Parking Space

    The right (to the exclusion of all others) to use the car parking space(s) numbered ## on the plan or any other parking spaces allocated by the Lessor from time to time within the Development for the purpose of parking one fully taxed and licensed private motor car or motor cycle only.

    The crazy thing is they added the parking enforcement because residents were using the visitor spaces but in the deeds it states the following:

    Visitors Parking Space
    The right (in common with others entitled to the like right) to park one fully taxed and licenced private motor vehicle temporarily on any one of the visitor parking spaces marked "VP" on the Plan on a "first come first served" basis subject to availability but not in excess of twenty four (24) hours in any period of forty eight (48) hours.

    I will invest in a book of stamps tomorrow and have a good read through what I need to do and get some letters sent out on Monday.
  • vicky7_2
    vicky7_2 Posts: 8 Forumite
    Marcd86 wrote: »
    I livein an RMG complex too, and they have those shisters UKCPS running things here!

    In terms of the lease of your space, I may be corrected by a more knowledgeable member, but if you own/lease the space there is a covenant of 'quiet enjoyment' - essentially you can do what you like with the space as long as its not against the lease. Lease trumps any contract the landowner holds with a 3rd party - so check your lease wording. If it doesnt state you need to display the permit, you can essentially tell them to cancel or youwill pursue for damages. Itmay even be that quiet enjoyment overrules any permit display issues if it was yourself using the space.

    Again im no expert - so wait for a knowledgable menber to back this up or refute it.

    You have my sympathy dealing with RMG, their service is terrible, one of my neighbours put a complaint in about them that was being investigated late last year, so I am going to try to catch her over the weekend to find out if she has heard anything.

    There are a few other apartment blocks that were built before the one I live in and they have a different maintenance company and don't have any parking enforcement in place.

    I have never heard of quiet enjoyment, going to spend a lot of time reading this weekend.

    Thanks for your advice, really appreciate it!
  • vicky7_2
    vicky7_2 Posts: 8 Forumite
    The_Deep wrote: »
    Not so - I live in a block of flats and we use a management company, but we each own a proportion of the freehold, which is fairly common these days.

    It gets better and better.

    One question, when the MA brought in the PPC, was it with the approval of the Residents' Association or not? If not, then the RA should be able to tell them to sack the PPC.

    We don't have a Residents Association, unfortunately there are probably a lot more people who rent rather than own here so come and go a lot.

    They simply sent a number of warning letters about the parking situation and then letter to tell us they were appointing a PPC and that permits would be issued that would have to be displayed at all times.
  • vicky7_2
    vicky7_2 Posts: 8 Forumite
    Double_V wrote: »
    I am in similar situation.
    Parked in own bay and no permit displayed as it fell.

    Popla have accepted my appeal and 8 April date given.

    Lets see.

    Hi there

    Do you own freehold or leasehold? Was your appeal dealt with quickly?

    Thanks
  • vicky7_2
    vicky7_2 Posts: 8 Forumite
    Hi guys

    Interesting day yesterday, received a letter from a new maintenance company to advise that they would be taking over from RMG who introducing the PPC.

    Also received a letter from TNC Collections as a follow on from the call and conversation on Thursday demanding payment. The interesting thing is the registration number stated on it is incorrect and is out one letter from my Mum's car.

    Do I just write back to them to tell them I am not the registered keeper or have ever driven a car with that registration number?

    Thanks
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 8 March 2015 at 2:04PM
    vicky7 wrote: »
    Hi guys

    Interesting day yesterday, received a letter from a new maintenance company to advise that they would be taking over from RMG who introducing the PPC.

    Also received a letter from TNC Collections as a follow on from the call and conversation on Thursday demanding payment. The interesting thing is the registration number stated on it is incorrect and is out one letter from my Mum's car.

    Do I just write back to them to tell them I am not the registered keeper or have ever driven a car with that registration number?

    Thanks

    TNC collections are a debt recovery company, you simply ignore them. This is explained in the NEWBIES thread. Don't contact a debt collector company, ever.
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Interesting day yesterday, received a letter from a new maintenance company to advise that they would be taking over from RMG who introducing the PPC.

    Hang on. if you are part owner of the freehold, do you not have some say in who manages your property?

    I find it difficult to believe that there is no residents association, there must have been some sort of company set up, in which you hold a share, to make decisions such as this.

    Is there no AGM, are directors of the company not elected at this meeting? Are not annual accounts presented to the Directors, and Management Charges approved at such meetings?
    You never know how far you can go until you go too far.
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