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parked in disabled parking spot - deepdale retail park

124

Comments

  • Paparika
    Paparika Posts: 2,476 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    These private firms just prey on people in hope that a few will worry and pay.. in reality.. what you did was as you say morally wrong, I'm disabled and it irks me abled bodied park in these bays making my life more difficult... but....

    There are loads of posts and they all say the same thing

    Ignore the private companies, they can't do diddly squat
    Life is about give and take, if you can't give why should you take?
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Because of alleged 'opportunist parking' in our Daughter's private parking lot at her flat in Edinburgh, the factor is intending to employ Central Ticketing to police the parking.

    Can they really introduce and enforce these parking restrictions in a private car parking area? We have been given 28 days to respond. Legal advice was to ask what authority they had to deny us access to our designated parking space. Any advice?

    Advice - Strongly oppose the appointment of these jokers and tear a great big strip off the factors for even proposing the idea.

    Search back in this forum for plenty of threads about Central Ticketing and their methods. That should be enough evidence?

    As for can they enforce - They can put almost anything they like in a private contract but its being in any way enforcable is another matter altogether. So in practice, this means no! :)
  • Coupon-mad
    Coupon-mad Posts: 153,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 November 2009 at 1:13PM
    Because of alleged 'opportunist parking' in our Daughter's private parking lot at her flat in Edinburgh, the factor is intending to employ Central Ticketing to police the parking. We have been advised that only one permit will be issued per flat allowing the owner to park in their own designated parking space, which is celarly shown as belonging to the flat on the title deeds. Failure to display the permit will result in a fine of £100. Visitor parking bays will no longer be available for residents. Can they really introduce and enforce these parking restrictions in a private car parking area? We have been given 28 days to respond. Legal advice was to ask what authority they had to deny us access to our designated parking space. Any advice?


    I would read the wording of the lease carefully to see if there is anything about parking. The leaseholder certainly has the legal right to 'peaceful enjoyment' of his/her property, including their own parking space if there is one (without having to endure threats or worry about parking slightly over their bay lines, or permits expiring or falling off the dashboard).

    I would also spend a couple of hours reading up on Central Ticketing online (here, pepipoo.com, consumeraction group forums etc). If this is your chance to stop the factor using these chancers then seize it.

    I expect your best response would be to gather evidence to show that:

    1. Central Ticketing fines/letters/threats are unsupported in law.

    2. Any private 'fines' like this are unenforceable in Court, as no private company can fine or issue penalties - and there is no 'loss' (so no debt).

    3. Any letters issued by CT would be sent to the registered keeper, against whom CT cannot allege any contract (the RK was not necessarily the driver and there is no legal onus on the RK to say who the driver was). So the fake 'fines' often go to the wrong person.

    4. Any letters alleging a fine that are sent to your family if they allow this scheme, will constitute harassment and you will not hesitate to take BOTH the factor and Central Ticketing to Court under the Protection from Harassment Act. Precedent here (quote the case to them):

    http://www.out-law.com/page-9826

    5. State that you have copied your letter to all the other neighbours as well so they have all been alerted to the facts of the unlawfulness of private parking tickets. Do just that, copy everyone in, or even call a meeting to educate everyone who may be thinking it's a good idea.

    6. Do the majority of neighbours even feel there is a 'problem' to address (ask them)?
    If not then state this in your letter! If a majority of the neighbours DO feel there is a parking problem then suggest alternatives, such as a barrier, bollard or gate with key for the leaseholders.

    HTH




    P.S. If I were you I would start a thread on pepipoo here for advice as to wording your letter, they can help you I am sure:

    http://forums.pepipoo.com/index.php?showforum=30
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BFG wrote: »
    I've had over 200 PPC fines/invoices/tickets, equating to about 1000 letters.

    I've been taken to court 200 times, lost every single one of them and have ended up losing my family [sold into white slavery to pay the fines], my job, and my home.


    Never mind things could be a lot worse.:rotfl:
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • BFG wrote: »
    Rtfsatsott

    Sorry, nothing much to add, but :rotfl:
  • White_Jaguar
    White_Jaguar Posts: 25 Forumite
    edited 12 November 2009 at 9:09PM
    Our neighbour has looked at her title deeds and they show the designated parking space outlined in red and state that purchase was for parking space and flat. Are these rules you state also relevant to Scotland? I have already searched the internet and cannot find a single good thing about Central Ticketing. Thanks for your advice. There is no such thing as leasehold in Scotland D is owner/occupier and has lived in flat for almost 9 years. Factors seem, to be a law unto themselves.
  • easy
    easy Posts: 2,532 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    About 2 years ago, I got a ticket, whilst parked in my local hospital grounds.
    Although I have a blue badge, all the disabled bays were taken, and I couldn't find any other spaces at all within the sort of distance I would have been able to walk to the department I needed.
    In desperation (afraid of missing my appointment time), I parked my car on a grass verge at the edge of the car-park.

    On my return, it had a parking ticket on it, instructions on which building I should go to to pay it, and dire warnings that the fine would double if I didn't pay etc etc.

    I didn't pay it, didn't do anything. Never heard a word.
    I try not to get too stressed out on the forum. I won't argue, i'll just leave a thread if you don't like what I say. :)
  • Enfieldian wrote: »
    An easier way to solve the problem is to install some kind of barrier or gates with a keyfob for access.

    Hmm lets see, £100 a go fines to trespassers or spend tens of thousands of pounds on installing and maintaining a big metal gate - tough choice!
  • fad1211 wrote: »
    what do you all think??

    That contacting a private parking company and expecting a rational response is up there with drinking paint and expecting it to improve your health.

    Don't do it.

    Really.

    No, really.
    If you don't stand for something, you'll fall for anything
  • Failure to display the permit will result in a fine of £100.

    No it won't. It'll result in a bill that pretends to be a "fine" but has no legal standing. I know that seems like nit-picking but its central to understanding the threat (or lack of) involved.
    Visitor parking bays will no longer be available for residents.

    I wouldn't be happy with this myself, but are spaces for visitors specified for residents?
    Can they really introduce

    Yes they can "introduce" this
    and enforce these parking restrictions in a private car parking area?

    Ah.. Enforcement... they can't "enforce" their "fines", no. I can say that every person who reads one of my worthless posts here actually owes me £500, but I've got no way of making you pay.
    If you don't stand for something, you'll fall for anything
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