Fined for parking in my own space

buildersean

I would be extremely grateful for some advice please.



I purchased an apartment with a parking space (as listed inthe Land Registry documents).



A private company (Parking Control Management (UK) Ltd) isemployed to police the parking and ensure cars are parking in the correct bays.They undertake this by issuing stickers to put in the parked vehicle whichresidents have to pay a fee for.



I parked in my designated bay but forgot to display myticket one evening, due to using a different vehicle than usual; I had thevehicle clamped the next morning and paid the £130 release fee (I needed thevehicle for work).



I appealed and failed, I have written again stating I willtake the claim to small claims as it is unfair.



As I own the space and pay the company to police the parkingsurely I cannot be issued with a fine for parking in my own bay?

Any assistance please

The_Slithy_Tove

You are correct on many levels. It's not only unfair, it's also unlawful. For a start, a privatre company cannot fine you for anything, only the courts/police/council can do that. Chances are, they don't call it a fine, they use some other fancy words. Not that it makes any difference. Your lease most likely grants you your designated space, which is yours, just like a drive would be on a freehold property. Therefore, no upstarts can come onto your land and impose conditions on it and attempt to dish out so-called penalties for infringing their made-up rules. The clamping actually constitutes an unlawful trespass.

Several things you need to do - and there are many threads here and on pepipoo.com with similar stories (have a browse around).
1. Check your lease. Make sure it really does grant you a designated space, and make sure it doesn't allow the management company to make up conditions over it (some do, most don't).
2. Is the parking company contracted by the apartments' management company? If so, you need to contact them, and demand your money back. They'll give you all sorts of bluster about it being nothing to do with them (it's everything to do with them, as the parking company are their agents, and are responsible in law for their actions).
3. Most likely you'll have to take legal steps to get your money back through the small claims court. Other will be along to tell you how - it'll take a while, so be patient, you have 6 years! You'll need to sue the clamper himself, the clamping company and (most importantly) the management company (only the last will actually pay up in the end).

I find it astonishing that you have to PAY for a permit to park in your own space. That sounds really dodgy, and you ought to withdraw from their system, and get your fee back (add it to the court claim since you shouldn't have to pay to park in the space you own). Tell the management company that you do not consent to their parking scheme (they have no right to impose it over YOUR space (assuming the lease says so)), and that you won't put up with any permit scheme, and THEY will be responsible for any actions of their agents (the parking company), any attempt to interfere with your car is an unlawful trespass, and will be dealt with accordingly, including forcibly removing any clamps - get yoourself an angle grinder :-)

peter_the_piper

You could also, in writing, tell them that you do not wish to be included in the parking scheme.(assuming you have the rights to a parking space.

taffy056

You don't have accept any kind of thing to park on your own private property, you physically own the spot so there is no need to prove anything. You need to inform the parking company and management agents you are withdrawing from the scheme, don't take anything less than your total withdrawal as acceptable . You need to send an LBA to the clampers and agents who contracted them. But please repost this on the private parking forum of https://www.pepipoo.com as you need their expert help.

give_them_FA

Absolutely disgraceful, I wouldn't mess about, if it had been me I would have given them 15 minutes to remove the clamp from MY land or I would remove it using such force as was required. You need to write once to your management company REQUIRING them to refund what you paid (what on earth are you doing appealing, this is an unlawful trespass) and give them seven days before you sue them. Then sue them.

Yet more proof if any were needed that allowing Parking Parasites into residential premises will result in grief only for the residents.

Kite2010

I bet you will find if you withdraw from the scheme your parking place will be filled up by a car belonging to the PPC saying "ah sucks doesn't it, if only you still wanted us to monitor your space that car wouldn't have been there".

vax2002

Dig out your lease and come back.
I can probably get you all your money back and your expenses.

kizkiz

Kite2010 wrote: »

I bet you will find if you withdraw from the scheme your parking place will be filled up by a car belonging to the PPC saying "ah sucks doesn't it, if only you still wanted us to monitor your space that car wouldn't have been there".

Install a lockable bollard if possible.

Coupon-mad

Start a new thread on pepipoo, they can help you sue the clampers and managing agents (or threaten to, that sometimes works out of court):

http://forums.pepipoo.com/index.php?showforum=60

Firstly read the similar threads on there by Mark Dumpleton and Dan29. But do not add to their threads, just read them for info and then start your own.

It can be done, many on pepipoo have seen this through and got their money back. You must be very assertive with the managing agent and asap remove yourself from the scheme (it's YOUR space with NO requirement to show a poxy piece of paper to use it. Their agent was trespassing and you are going to sue for your money back!).

peter_the_piper

Kite2010 wrote: »

I bet you will find if you withdraw from the scheme your parking place will be filled up by a car belonging to the PPC saying "ah sucks doesn't it, if only you still wanted us to monitor your space that car wouldn't have been there".

Clamp the B******d

buildersean

vax2002 wrote: »

Dig out your lease and come back.
I can probably get you all your money back and your expenses.

I have read the lease, the space is mine with no restrictions by the Management Company.

Do I write to them and threaten to sue if they do not refun within 7 days, when they say it's nothing to do with them I just go ahead and sue anyway?