Ticket issued in my own parking space

Berkshiregirl

Just a quick update. I received a letter back from the estate management company basically saying if I displayed my permit I need to appeal to UKPC and if not then the ticket stands and I need to pay them. Really helpful, and completely missing the point that they cannot ticket me on land that I own...

Not sure what to do - definitely not going to pay up, don't worry! Shall I write to the freeholder next?

peter_the_piper

Just sit tight, you owe no-one nothing. You are entitled to be there without having UKPC disturbing the peace.

Guys_Dad

peter_the_piper wrote: »

Just sit tight, you owe no-one nothing. You are entitled to be there without having UKPC disturbing the peace.

Agreed. I would ask the management company exactly who appointed UKPC, on whose authority and on what terms and why does your lease not make any reference to any parking conditions/restrictions.

What worries me about your case - and I hold my hands up to being no expert - is that advice on other threads has always been on the basis that they can not prove a contract or know who the actual driver was. The latter is not the case with you. And, of course, as you park there every day, if they are particularly thuggish, they are in a position to clamp you until you pay their charges.

I sincerely hope this doesn't escalate to that, but that is why I advise getting all of the facts as above in readiness.

You may get more experienced advice later today that may give another approach, Your suggestion of contacting the freeholder can't do any harm though.

Best of luck.

Berkshiregirl

I know, which is why I'm keen to write to someone (not UKPC) and get this sorted out. If it had been in a supermarket car park then I'd be sitting back doing nothing.

I'm thinking the freeholder's my next move as they are the ones who granted me the lease and did not include a clause about a private parking company.

sarahg1969

Guys_Dad wrote: »

...if they are particularly thuggish, they are in a position to clamp you until you pay their charges.

They cannot clamp to enforce a "debt". The OP would be well within her rights to cut of the clamp.

downhiller

Berkshiregirl, I'm in the same position as you. Management company introduced a PPC. I told them to go forth and multiply and I wasn't displaying any permit to park on my own land.

A dozen or so letters to the management company did nothing. Got the council involved as they're also ticketing people on the public road within my development. Nothing changed.

I've now got the police involved and have made allegations of fraud, harassment and extortion against the management company and PPC.

Don't waste any time, go straight to the police.

oldone_2

Berkshiregirl wrote: »

I know, which is why I'm keen to write to someone (not UKPC) and get this sorted out. If it had been in a supermarket car park then I'd be sitting back doing nothing.

.

You are on even stronger ground than parking in a supermarket car market. You own the land you parked on; you have not appointed anyone to police your parking space so do not have to display any permits as the lease makes no mention of them.

I would write back to the management company saying you are not happy at their response, ask the questions in Guys Dad's post. Remind them that you are paying them to work on your behalf, and you may consider canvassing the rest of the residents with a view to sacking them and appointing a new management company.

Guys_Dad

sarahg1969 wrote: »

They cannot clamp to enforce a "debt". The OP would be well within her rights to cut of the clamp.

You are, of course, right in law. But the last thing that OP wants is a load of hassle on her own doorstep and, of course, the Radley will probably contain some nail scissors but not a bolt cutter and nail scissors ain't up to the job.

Guys_Dad

oldone wrote: »

You are on even stronger ground than parking in a supermarket car market. You own the land you parked on; .

Sorry to be pedantic, but that isn't the case. The land is actually owned by the freeholder, leased to the OP and managed by the management company. Certainly the freeholder needs to be contacted and the terms of the UKPC contract and reasons why they were appointed established.

The freeholder may not be aware of the problem.

oldone_2

Guys_Dad wrote: »

Sorry to be pedantic, but that isn't the case. The land is actually owned by the freeholder, leased to the OP and managed by the management company. Certainly the freeholder needs to be contacted and the terms of the UKPC contract and reasons why they were appointed established.

The freeholder may not be aware of the problem.

You are of course right. However to all intents and purposes, if you purchase a 99 year lease, than you effectively own the right to use the land and property for that period, after which control passes back to the freeholder.As you say the freeholder may not be aware of what is going on. You would also need to establish who exactly appointed the PPC, that organisation being responsible for the actions of the parking company.