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  • FIRST POST
    • Kia537
    • By Kia537 6th Sep 17, 3:02 PM
    • 1Posts
    • 0Thanks
    Kia537
    Premier Park fine in my own home
    • #1
    • 6th Sep 17, 3:02 PM
    Premier Park fine in my own home 6th Sep 17 at 3:02 PM
    Hi!

    I received a fine a while a go now from Premier Park because I was parked in the allocated bay for the flat that I live in but my permit was not on display. (The permit was in the car it was just covered by something on my dash and I forgot to check before I got out the car) They took photographic evidence of my car in the bay and pictures of the signs in the car park saying they will fine etc...

    I appealed the case through POPLA proving that I live at the address and with a photocopy of my permit, the appeal was rejected and they are demanding £100 fine.

    I have refused to pay and they have since referred my case to a debt recovery agency who are sending me letters every ten days demanding money or else their client will start court action against me.

    I wonder if anyone else has had issues with being fined for using their own car park and if they would start an action against me if I continue to ignore their letters, or if I should just tell them to start court action. I am not entirely confident I would win but I also feel like they are in the wrong and that the whole point of the car park being managed was to maintain exclusivity to the tenants of the building.

    Any advice would be appreciated!!
Page 1
    • Quentin
    • By Quentin 6th Sep 17, 3:05 PM
    • 33,227 Posts
    • 17,175 Thanks
    Quentin
    • #2
    • 6th Sep 17, 3:05 PM
    • #2
    • 6th Sep 17, 3:05 PM
    There is a polite request for everybody to not start a new thread before first reading the newbies FAQ thread near the top of the forum. All your queries are covered

    (Debt collectors are covered there too)
    • Half_way
    • By Half_way 6th Sep 17, 3:06 PM
    • 3,833 Posts
    • 5,410 Thanks
    Half_way
    • #3
    • 6th Sep 17, 3:06 PM
    • #3
    • 6th Sep 17, 3:06 PM
    own space is common.
    What is important is what does your lease/rental etc say about parking?
    have you always displayed a permit to park?
    what are you displaying a permit to park in your own space?
    why is a private company trying to make money on your property?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • safarmuk
    • By safarmuk 6th Sep 17, 4:40 PM
    • 613 Posts
    • 1,122 Thanks
    safarmuk
    • #4
    • 6th Sep 17, 4:40 PM
    • #4
    • 6th Sep 17, 4:40 PM
    As mentioned above this comes down to what your lease says and what (if anything) you subsequently agreed to.

    The PPC (Premier Park) are likely contracted by your Management Agent, yes they are supposed to be there to stop commuters or shoppers using your space but they see it merely as giving parking charges to anyone who transgresses from their rules (mostly not showing a permit) irrespective of any other argument.

    While you are at the Debt Collector stage (which is toothless) and up until you get County Court papers (assuming you ever do) your best course of action is:

    1) Get and check your lease to see what it says about your allocated parking bay. Is it "demised land", is it marked clearly on plans contained in your lease, do you have "demised rights" to use it exclusively?

    2) Are there other residents who have faced the same issue? If so round them up and get them into a group

    3) Contact your Management Agent and ask them what they are going to do about this? They should not be allowing a PPC to harass genuine users of car park (e.g. the PPC should have cancelled this the moment you identified yourself as the resident). Too many PPCs believe that they can come in to an estate and their new rules override anything previously in place (e.g. a legally binding lease). Be prepared for the MA to try to fob you off and when they do kick them harder (preferably as a group of residents), your aim is to make them sort this out now and for the future.

    4) Contact the freeholder, the people who actually own the land - you may be able to identify them as the people you pay Ground Rent to. Complain to them (based on you checking your lease) that the MA is breaching your lease by infringing on your rights as prescribed in your lease and you want it stopped (including current harassment from the PPC and Debt Collectors)

    5) Set up a Facebook Group and put flyers in all the residents letter boxes asking them to join so you can discuss Estate matters as a group and then complain as a group. Be sure to be the admin of the group so you can approve joiners and keep control of it so it doesn't turn into a site that is just gossip or slanging matches

    Come back to us on #1 first. Your ultimate aim will be to 1) get this PCN cancelled and 2) get the PPC thrown out or at least under control so they don't harass and/or annoy residents.
    Last edited by safarmuk; 06-09-2017 at 4:43 PM.
    • The Deep
    • By The Deep 6th Sep 17, 5:53 PM
    • 7,377 Posts
    • 6,421 Thanks
    The Deep
    • #5
    • 6th Sep 17, 5:53 PM
    • #5
    • 6th Sep 17, 5:53 PM
    I wonder if anyone else has had issues with being fined for using their own car park

    Hundreds, possibly thousands, but very few pay a penny, in fact some

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    https://bmpa.zendesk.com/hc/en-us/articles/213077149-Loading-and-Unloading-Jopson-v-Homeguard-2016-

    have made the PPC pay for their hubris. Some reading

    https://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=own+space+parking++fine&gws_rd=ssl
    Last edited by The Deep; 06-09-2017 at 5:56 PM.
    You never know how far you can go until you go too far.
    • Guys Dad
    • By Guys Dad 6th Sep 17, 6:01 PM
    • 10,200 Posts
    • 9,342 Thanks
    Guys Dad
    • #6
    • 6th Sep 17, 6:01 PM
    • #6
    • 6th Sep 17, 6:01 PM
    I wonder if anyone else has had issues with being fined for using their own car park

    Any advice would be appreciated!!
    Originally posted by Kia537

    Oh come on !!!! the forum is riddled with such cases and advice on what and how to deal with this.

    Please read some current threads on just the same issues for immediate advice. Someone else may tell you the chances of this PPC actually going to court.

    But you need a copy of your landlord's lease to see what it says re parking as this is your main appeal point in court.

    But do read similar threads on here.
    • Coupon-mad
    • By Coupon-mad 7th Sep 17, 1:28 AM
    • 51,470 Posts
    • 65,059 Thanks
    Coupon-mad
    • #7
    • 7th Sep 17, 1:28 AM
    • #7
    • 7th Sep 17, 1:28 AM
    Daniel san

    and

    hairray


    are two posters with memorable 'own space' threads. Among the hundreds - read some!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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