Elite Management Ticket

edcs

My car was parked in the private car park of the building I live in, it was in my own space however my permit had slipped out of view. I left my car last weekend and came to it today to find that someone had stuck two 'tickets' to my windscreen each asking me for the sum of £125!

All the advice tells me to ignore the things, but seeing as I have a genuine reason to appeal, should I still just ignore them?

ManxRed

Are you a leaseholder? Or are you a tenant and your landlord is the leaseholder?

In the lease it will state your rights with regard to the space. Odds on it does not mention a parking permit and simply states words to the effect that you have the right to peaceable enjoyment of the property (including the space).

If so, then why not drop your management company (or whoever hired these clowns) a letter and let them know in no uncertain terms that by ticketing your vehicle they are trespassing against your property, and to stop doing it.

They will tell you that there are signs and or instructions they have given you telling you that a permit must be displayed, but in law the lease trumps anything they put on a sign or in writing to you. In order to operate their parking scheme on any land other than the communal areas they need to either amend the lease (which they cannot do without the freeholders and leaseholders consent), or obtain the express written permission of the leaseholder.

If they have neither of these then they have no leg to stand on. Write to them giving them notice that you withdrawing any implied consent for them or their parking clowns to enter your space without your permission.

And this is before we get to the nitty gritty that the tickets you have been given are unenforceable anyway, as they must represent actual damages suffered as a result of you parking there, which is zero anyway, not £125.

Stephen_Leak

There is no genuine reason for any appeal. Not if you're a private parking company. It will be rejected. What's in it for them to let you off?

With PPCs, we even have to ask if it slipped. We've heard of PPC enforcers being seen rocking cars to make permits, including disabled badges, slide off of dashboards.

Ignore.

Consider sueing both the PPC and the building management firm for harrassment under the Protection of Harrassment Act 1997. They are "jointly and severally" liable. This should make the management company realise the true cost of letting a PPC infest their car park, and throw them out.

Finally, buy a pair of velcro pads, and maybe even a car alarm with a vibration/shock sensor.

edcs

I'm the tenant and my landlord is the leaseholder.

I just had a browse of their rather unprofessional looking website - they seem to think they can get the solicitors involved and 'confiscate' my vehicle :rotfl: However as I'm only living here temporarily the vehicle is registered else where and I don't really want them to start sending bailiffs over to the DVLA registered address. Could I use the lease agreement technique as a tenant to get the charges nulled?

taffy056

It's your parking space whether you are renting or owning, you don't need to display some lousy piece of paper to say you can park in a private parking bay. Let me guess here they probably don't have permission to harass people in this area, or it's in secured part of the car park where you need a card to get into it like gates or barrier ?

One thing here , are there signs about clamping in this car park ?

ManxRed

Bailiffs only get involved after you lose in court and then only if you still refuse to pay up. So that'll be when Hell freezes over, technically speaking.

Your landlord's lease will have the rights to the property and the space conferred on you, so you can still send the letter to the Management Company, but just ask your landlord to check the lease first. 98% on, that it's how I described - you have the right to peaceable enjoyment and there's no mention of permits.

Nip this in the bud now.

edcs

The permits are home made by the concierge on MS Word and printed off on their rather ropey laser printer. Last years even had a rather fake looking 'barcode' scrawled on it too!

No idea about the harassment clause, but there are signs up everywhere and cars regularly get ticketed and clamped. The carpark is gated for drive in access and keyfob access to get in on foot so it's secure.

Stephen_Leak

Did they actually mention balliffs?

For them to get involved, it would have to get to court. This is unlikely, as they know what they're doing is unlawful and don't want it exposed to that kind of scrutiny. Then, you'd have to lose the case. The only way of that happening of is for you not to attend to defend it. Then, you'd have to refuse to pay up. So, theoretically possible, but not very likely, especially as you have control of the situation at two points. Oh, and the bailiffs would be sent by the court, not the plaintiff.

taffy056

I guess these are them, full website designed by That Computer Chap pmsl and also full of penalty references and illegal parking - so claims of authority by a bunch of scamming monkeys

http://www.elitemanagementonline.co.uk/

edcs

Thanks ManxRed - I'll try speaking to the landlord's agent tomorrow and use that technique.

taffy056

So a secured car park, and these jokers are in there, so the only people who can gain access are the ones meant to be there!