Parking fine on private ground

Whisky

I have received a parking fine for not being in an authorised parking bay on ground I am a co-owner of, it is a block car park jointly owned by the property owners. The Deed of Conditions says that the residents are to park in the parking bays but there are more cars than there are parking bays. The Deed of Conditions makes no mention of any penalty if you do not park in a parking bay. I was not causing an obstruction, there were no yellow lines and I was displaying a valid permit. The fine was issued at 5am. I don't believe that I can be fined for parking on ground that I am a co-owner of, is this correct?
The parking company were employed by the Factors who manage the property. They were employed to stop unauthorised use of the car park. The firm in question is a tad over exuberant with their issuing of tickets, I've seen them issue a ticket to a car in the public street outside our car park.
I do not believe I am liable for this fine? I don't believe that they are legally able to fine the joint owners for using their own property after all they are acting on our behalf.

sarahg1969

You've not been fined. Just have a read around other a few other threads, then file away the ticket and ignore it.

You may wish to get together with the other residents and get the company booted out?

McKneff

these are private parking companies.
Ignore everything they send you
They will not take you to court
Just put everything behind the clock
They will try to frighten you into paying but these 'fines' are not fines at all. They are just unenforceable invoices. So just ignore everythign.
They do not have the authority to issue fines.
Have a look at the PePipoo site for reassurance.

Guys_Dad

Whisky wrote: »

The parking company were employed by the Factors who manage the property. They were employed to stop unauthorised use of the car park. .

Presumably you have some sort of management committee who "employ" the factors? If the parking company are over the top and residents are suffering, then the residents need to get the factor to set the parameters for the parking company. I would start with "If the car has a valid permit - they don't get a ticket".

The factors - or management company - will probably be members of ARLA or RICS and, provided that sufficient residents concur with your views of the parking company, the agent's association guidelined will almost certainly state that in domestic matters such as this the managing agents should abide by the residents' wishes.

You probably need to start with the residents' committee and a set of duplicated pamphlets to gather support.

Alx*27

You have a legal right to 'quiet, peaceful enjoyment' of any land or property you lease. That's why landlords must give 24h notice and your agreement before they come in to you property.

Likewise, the landlord or his agents must not enter your land or interfere with anything resting upon it.

Put your complaints in writing to the landowner and inform him of the unenforceability of the charges and that their 'tickets' are mere unenforceable invoices for alleged breach of contract.

Let the local council know that this company is ticketing on the public highway.

Whisky

Just wondering if Scottish and English laws are different in regard to this subject.

pogofish

Not very different at all in practice. Except that the landlord has a higher degree of liability for the actions of its agents in Scotland.