Parking ticket in my own flat car park!!!!

giggsy07

Hi all,

I hope you may be able to provide advice on the following situation:

I rent a flat in Birmingham city centre and have been there with my other half for over 2.5 years. Our rent inclides a 1 bed flat and a car parking dpace within the underground car park (not allocated just park within a cetain zone). The management company of the building provide parking permits which you are required to display.

We got in our car last night and set off as we were in a rush only to notice when out on the main road that there was what looked like a parking fine on the bottom corner of the windscreen. Due to the weather this unfortunately blew off while we were driving down the dual carriageway.

When I returned later that evening I realised that there were other cars in the car park with the same tickets. There are now signs erected in the car park which I hadn't noticed before from Elite Management (Midlands) Ltd who have apparently been employed by the building management company, Mainstay Group, to control the car parking and stop illegally parked cars.

I removed the permit from my car and took it to reception only to be told that I needed to upgrade to the 2010 permit which I had apparently been written to about. I have never received anything from the management company to remind me to ge tthis changed despite them telling me they sent me a letter on 9th February 2012.

Elite have ticketed my car apparently with a £125 charge or £75 if I pay within 7 days due to me having a 2011 permit and not a 2012 permit displayed in my windscreen. I emailed Mainstay who have told me it is out of their hands and to deal with Elite. I rang Elite and they told me I have to pay and they are emplyed to do a job. :mad: Obviously the wrong job as I am not an illegally parked car.

I had an initial AST for 6 months on the property and I am now holding over on the tenancy with 1 month notice from either party. The property is owned by another property company who have a number of flats that they rent out.

Do I have to pay this charge or is there a way around it? My AST comments on the property to include the internal areas of the flat plus anything in the particulars. The particulars stated that it came with 1 parking space, hence why I have been provided with the car park fob and allowed to have a permit.

Surely this is not right and I should be able to get out of this charge? I will be printing off posters tonight and displaying them around the car park and reception asking other people affected to contact me in a hope that we can share our concerns!

FYI - I now have my 2012 permit on display which I was provided with by reception. Apparently Elite have now clamped people that they put tickets on lastnight and haven't noticed or collected their new permits.

Many thanks in advance for any advice.

Kind regards
Giggsy07

societys_child

If you've read thro the posts etc on this board you'll know that it's an unenforceable invoice and the general advise is to *ignore*

The clamping is a bit worrying, but:

AFAIK if you're now fully compliant with their permits etc they cannot legally clamp you for an outstanding debt (the initial PCN) but that doesn't guarantee they wont try it on.

I may be wrong/ I wait to be corrected. Sure others will be along to offer more/ better advice.

halibut2209

Please can you contact the people clamped and get them to either come here or to pepipoo.com

angel_islington

I also believe that they can't clamp you for an "alleged" debt. There's also no such thing as an "illegally parked" car.

I think you need to be very defensive at the moment to ensure that you aren't one of those clamped in the future. Bear in mind that PPC's are not interested in whether or not you have the correct permit, they are only interested in one thing, your money. Once you have been clamped the only way you will get it removed is to pay up and then sue them afterwards. You will win but only if you include the management company as the PPC will just ignore the order to pay you, rack up another CCJ and then ignore that as well. That's a lot of hassle for you. You will NOT be able to reason with these people. You can tell them all you like that you have a permit but you forgot to show it/it fell off/the dog ate it, it will fall on deaf ears.

It's possible that you may need to opt out of the permit scheme and/or prepare a sign to permanently show on your windscreen that states you do not consent to being party to their 'contract' and that clamping your car will be treated as a trespass of goods. The PPC relies on you 'agreeing' to their 'contract' by simply reading the signs they put up. If you explicitly state that you do not agree to be part of this 'contract' then they have no reason to clamp you. It also gives them the impression that you will be awkward and they are not looking for that, they want an easy target.

There will be people on here (and pepipoo) that will be able to give more of a legal background than me. I guess I'm saying that you need to be dealing with this now and not waiting until you get clamped because it will happen and you will regret not dealing with it.

Oh and you can ignore the ticket. As have been said, it's unenforceable and not a fine.

And kudos on the user name

give_them_FA

Compelling evidence YET AGAIN that once you let a parking parasite loose in a block of flats, who will suffer?

NOT illegally parked interlopers from outside. THE RESIDENTS. It ALWAYS happens. In order to protect "Your" parking space, they "fine" YOU. With protectors like that, you just don't need attackers.

FIRST job, disabuse yourself of any notion that you have to pay this ridiculous charge or that anything will happen if you do not pay it. It IS illegal to try and clamp a car over an alleged debt and you would be within your rights taking an angle grinder to it.

SECOND job, make friends with your neighbours, who must also be FUMING, and decide on a joint course of action.

DO NOT waste time or effort talking to Elite, who have the mentality of a protection racket, they don't give a fig if it was your space ALL they are interested in is collecting money.

The people to give the hard time to, are the management company who were stupid enough to bring the scammers in. No matter what excuses they come up with, THEY ARE RESPONSIBLE IN LAW for the actions of their miserable agents.

THEY SHOULD BE PRESSURED TO GET RID OF ELITE, and they must refund anything that has been extorted out of the residents whose interests they are supposed to be looking after, or else people should start issuing County Court Claims.

Any questions?

fil_cad

Elite Management, they scammed a friend of mine out of £75 because she was too worried about debt collectors ect! and she read all the stuff on here too! so sad, Elite like the rest of the scum need closeing down for good.

give_them_FA

Total scum, when will these stupid management companies ever learn? Or perhaps they get a backhander for letting the vermin terrorise the residents?

giggsy07

Hi all, thanks for the previous replies. I have now received a letter from Roxburghe Debt Collectors on behalf of Elite Management (Midlands) Ltd saying that my data has been provided to them by the DVLA under Reg 27 in relation to a Parking Charge Notice.

They want me to pay £213.00 within 14 days. What should I do?? :A

Cheers, giggsy07

angel_islington

Roxburghe are very well known around here. They are just a pathetic debt collector. They have no power at all, despite what they will try to make you believe.

You can happily continue to ignore.

giggsy07

Thanks angel_islington,

Do I need to be worried about them trying to come to my address and trying to take goods though?

Have people on here been successful in ignoring these letters?

I am trying to apply for a mortgage at the end of the year and I don't want anything like this to cause me any problems.

Thanks.

angel_islington

giggsy07 wrote: »

Thanks angel_islington,

Do I need to be worried about them trying to come to my address and trying to take goods though?

No, bailiffs can only be appointed by the court and for that to happen they would have to take you to court, win and then you not to pay up in 28 days. It's not going to happen is it?

Check your credit file on a regular basis incase Poxburghe do anything silly.