Parking signs spray painted

Likeabagofsand

Hello Everyone

I live in a private residential area which are currently patrolled by a bunch of cowboy parking attendants from a private parking enforcement company. A local vigilante has taken the matter it into his/her own hands and have spray painted all the parking signs in the area making them completely unreadable. (I have a photo of a sign)

Unfortunately, the PPC are still issuing tickets. I made a call to the office, and they were aware of the vandalism, and confirmed it is legal for them to continue issuing tickets. (I have a recording of this conversation).

In terms of my own experience with the parking tickets issued to me, I am more than happy to ignore them, but I am concerned my fellow residents may be paying up, thus ultimately making these cowboys the winners.

Is there anything I can do with the given evidence to make the PPC leave?

Coblcris

Who employs this company to patrol your estate ?
Are the roads public - does the public 'pass and repass' ?

fb1969

Likeabagofsand wrote: »

made a call to the office, and they were aware of the vandalism, and confirmed it is legal for them to continue issuing tickets

Apart from the fact there is nothing legal about their activities in the first place. Sign or no sign, tickets from Private Parking Companies have no legal status.

Coblcris

Such confirmation was mistaken.

Likeabagofsand

The property manager of the estate employs them. He is just as money grabbing and unhelpful as the PPC, therefore reasoning with him was a waste of my time.
The property manager also confirmed to me that the behaviour of the PPC is perfectly legal even with the signs defaced. He also mentioned that any problem I have with their methods should be reported to the PPC, and it is not his responsiblity.
At this stage I just acknowleged what he said, and asked that if I was to find out that the PPC were acting illegally, would he continue to employ them? And he said that he would not.
Therefore it is now my aim to put together a case. From what I have read on forum's and Martin's article, I know that issuing tickets without clear signs is wrong, but I ideally need to find the legislation to back it. Any help would be greatly appreciated.

In answer to your question Coblcris, the roads of the estate are neither public nor a pass through, and only used by the residents and their visitors.

fb1969

Sadly the Property Manager is at best speaking out of ignorance and at worst may be getting a percentage of any fee that is paid.

Regarding legislation you are almost asking for proof of a negative. The system is based around an implied contract between the PPC and the driver, note that is the driver and not the registered keeper. They will obtain the keeper's details from the dvla but the keeper is under no obligation to say who was driving at the time. Any fee they care to charge can only be based on the loss suffered as a result of the car being parked there, in the case of a residential area there is no loss.

Regardless of any signs the tickets have no legal standing. Many PPCs will throw in words like "fine", "penalty", "illegal", "offence" and even "bailiff" in an attempt to get people to pay them - any legal standing would be against them for obtaining money by deception or fraud. Scare tactics keep them in business.

Spread the word to friends and neighbours that the best course of action is to ignore any letters that may be sent - they are not fines.

Coblcris

Visitors are the public !
Is this a gated community ?
Does the council pay anything for the upkeep of the roads ?

The property manager is equally 'mistaken' in this regard. The PPCs actions are clearly unlawful and so as he is the principal and they are his agents he is equally liable to be sued for remedy.
He is equally liable.

I would imagine that a percentage is being paid.

"Property Manager" - what does this entail exactly ?
Do you pay a fee, directly of indrectly for his valuable services ?

What do your deeeds say about parking ? Have you signed anything about parking ?
Have you given away any of your rights ?
Freehold or leasehold ?

anewman

Print a sign of your own in A4 telling people not to pay the tickets, laminate them, and use some really strong adhesive to stick them onto the signs! That's more useful defacing than a blank sign

Perhaps this could become a national craze?! Any bargains on A4 laminators?!

dacouch

In my friends council estate which is a residents parking area administered by the council, some of the residents cut the parking signs down by cutting the ties that attach the signs to the posts. The council could not issue tickets in the bays the signs were removed. Their solution was to put sign posts that were 7 meters high on the affected bays...

anewman

dacouch wrote: »

Their solution was to put sign posts that were 7 meters high on the affected bays...

So then people can't read the signs. Genius.

My solution back, angle grinder

Likeabagofsand

No it is not gated, and council does not participate in any maintenance work.

I am glad the property manager is equally liable, he is a very shrewd man. Before the parking enforcement was put into place, the residents were warned of the plans for introducing a parking enforcement which would go ahead providing there were no objections from more than 50% of the residents. Conveniently, the results from this poll was lost, and the plan went on ahead. From speaking to other residents, the general feeling is against having a parking enforcement scheme, which is makes it very hard for me to imagine that the poll was in favour of this scheme. I have often wondered whether the property manager takes a share of the income, but it does seem very likely.

The property manager is employed by a property management company in which the residents pay a service charge for. The property manager will be found on site during normal working hours and focuses soley on the wellbeing of our estate.

My deeds state i am entitled to one parking space. I must not make repairs or wash the car in this parking space, but there is no mention of parking enforcement should parking get out of hand.

I only signed the original deeds when I moved in, but no further documents about a parking enforcement scheme.

My property is leasehold. The estate consists of both freehold and leasehold properties, where none of them have any option of parking other than the residential parking.

I would love to print my own signs and get the message across to every resident, but these signs would easily be removed. I was thinking of setting up a private forum for residents only, in which I can deliver my message efficiently.

I would also love to destroy the signs with an angle grinder, of which I do have, but the PPC feel they can continue issuing tickets without signs. And it is really important for me to make residents aware of PPCs and give them the opportunity to make an informed decision before being bullied out of their money.

BTW, I really appreciate all your help guys.