Charge For Parking on my own Property

Maverock

Hiya all,

I have recently (3 days ago), changed my car. I forgot to retrieve my parking permit and, subsequently, went out this morning to discover a Parking Charge Notice attached to my vehicle.

I am the flat owner and lease holder of this property and am wondering whether I should even bother responding to this ticket.

Also, are these people unable to carry out any checks before slapping on a ticket, such as talking to people at the flat, or even checking out the address of the car owner.

Many thanks.

taffy056

You don't need some lousy piece of paper to park on your own land, just ignore the scammers, and who are they exactly ? And does the signs around your complex mention clamping?

Half_way

I am the flat owner and lease holder of this property

Its proabbly safe to ignore, but to prevent any further problems take a good look at your lease agreement, does it mention anything about having to display a valid permit?
does it mention that your lease/property includes any parking?

basicly what does your lease agreement say about parking?


If it only mentions that you have acceess to a parking space and it doesnt say anything about a permit scheme, then you can forget about the need to display a permit as your lease agreement will trump anything else.
If there are signs that threaten clamping, then you need to send the management company ( or whoever) a letter telling them that your opting out of the scheme, any one who interferes with your vehicle will be trespassing on your property, and if any imobilisation device, or other such device is fitted to your car you will remove it using whatever means possible even if it results in the destruction of the imobilisation device, further more you may charge the management company/ parking company for any costs invovled in such action ( angle grinder tool hire/bolt croppers/cutting discs etc)

If all they do is issue tickets they are a complete waste of time, as if your lease says nothing about permit schemes then you can just ignore, or go on the attack as from what i know you are entitled to peaceful enjoyment of your property, and sending threatening letters for permits that are not required is harrasment, and as such you may be able to take the management company to court for the actions of their agents ( the parking company) as well as the parking company.

If it was me i wold go on the offensive, if its a scheme imposed ny the management company, and its not in your lease agreement i would forget about the permits and let the tickets build up, and if your neighbours are also willing you could have organise a massnon display of permits.

If stopping people from using your space(s) and your neighbours who shouldnt park there is an issue, a simple removable lockable bollard will do the trick, by denying access to your space all you need to do is remove the bollard to gain access/exit.
If someone does park in your space without permision, sticking a ticket on the car will not make the car magicaly go away, and free your space.

give_them_FA

These parking cowboys are only there for one purpose- to make money for themselves. Why would they fail to achieve that purpose, by asking themselves the obvious question of whether you were in reality permitted to park?

Of course they will try and "fine" the residents. Who else are the parasites supposed to make money out of?

Luckily you do, I think, appreciate the absurdity of the situation. There is absolutely nothing they can do if you ignore them. However, trying to persuade whoever hired them to get rid of them wouldn't go amiss.

taffy056

Lets face it here, they can only sue for a loss or damages, as its your land there is no loss or damages, therefore if it ever went to court the defence would be, I own the land - end of story!

pogofish

Maverock wrote: »

Hiya all,

I have recently (3 days ago), changed my car. I forgot to retrieve my parking permit and, subsequently, went out this morning to discover a Parking Charge Notice attached to my vehicle.

I am the flat owner and lease holder of this property and am wondering whether I should even bother responding to this ticket.

Also, are these people unable to carry out any checks before slapping on a ticket, such as talking to people at the flat, or even checking out the address of the car owner.

Many thanks.

Who issued this ticket?

But yes, a "Parking Charge Notice" does sound like a PPC shark.

So don't respond to the PPC directly and ignore any letters from fake solicitors or debt collectors they may send. If you contact anyone, how about giving your managing agent a rocket for letting these crooks operate on your property in the first place?

Also, if your space is included on your deeds, you have an absolute right to instruct the agent to stop these guys from ticketing you in your space. Your right to "quiet enjoyment" applies there too.

And lastly, have a shufty into the forum sticky - you may find their letter chain there already (and if not, please submit it), so you know what to expect next and when the scam ends.

AVR

Pogofish give them nothing!!

I received a council parking ticket on 26th December 2011 and appealed for lack of lighting and signage some 3 months ago. I only received a reply last week to say that I still have to pay the fine and they apologised for the delay in replying. Looking at MoneySavingExpert.com website under Parking Ticket Appeals - How to appeal against parking fines it states the following - "Stick to the deadlines or you'll lose by default. Don't worry if the council, police or adjudicator take a while to respond. During that time, the appeal's effectively frozen which means any time period you need to abide by only begins when you receive a reply. Though if you hear nothing within 56 days of a formal appeal, you'll usually win by default anyway". Does anyone know if this last paragraph is true and if so do I need to reply to let the council know they have not replied during the 56 day rule?

I live in Scotland so not sure how different laws work.

Thank you.

peter_the_piper

AVR, I suggest that you hurry along to pepipoo.com and get it checked out, I suspect you could have a nasty surprise if you assume anything.

Coupon-mad

AVR wrote: »

Pogofish give them nothing!!

I received a council parking ticket on 26th December 2011 and appealed for lack of lighting and signage some 3 months ago. I only received a reply last week to say that I still have to pay the fine and they apologised for the delay in replying. Looking at MoneySavingExpert.com website under Parking Ticket Appeals - How to appeal against parking fines it states the following - "Stick to the deadlines or you'll lose by default. Don't worry if the council, police or adjudicator take a while to respond. During that time, the appeal's effectively frozen which means any time period you need to abide by only begins when you receive a reply. Though if you hear nothing within 56 days of a formal appeal, you'll usually win by default anyway". Does anyone know if this last paragraph is true and if so do I need to reply to let the council know they have not replied during the 56 day rule?

I live in Scotland so not sure how different laws work.

Thank you.

That's all very well but if it was in response to a PCN on the windscreen, your appeal was not your formal appeal. It was an informal challenge.

Then you will get a Notice to Owner - at that point the owner/keeper can make a formal appeal. They then have to respond to that within 56 days.

If they still reject your (the Owner's) formal appeal, you can go to adjudication.

I would get over to pepipoo quickly and get help with the formal appeal wording in readiness for that Notice to Owner to arrive. You are not very far along the appeals procedure yet!

http://forums.pepipoo.com/index.php?showforum=30

HTH. And most people on pepipoo do win in the end!

Half_way

Originally Posted by AVR
Pogofish give them nothing!!

I received a council parking ticket on 26th December 2011 and appealed for lack of lighting and signage some 3 months ago. I only received a reply last week to say that I still have to pay the fine and they apologised for the delay......

As mentioned above try pepipoo.com and also start a new thread on here as this threads about a differetn subjec with very different consequencies than your council official penalty charge notice.
Official notices must always be followed up/replied to/challenged, or paid, private tickets should be ignored, or chased up by the person recieving them under harrasment rules/laws etc.

pogofish

AVR wrote: »

Pogofish give them nothing!!

Does anyone know if this last paragraph is true and if so do I need to reply to let the council know they have not replied during the 56 day rule?

I live in Scotland so not sure how different laws work.

Thank you.

Where on earth did I say to give them anything to begin with - I suggested the OP tear a strip off the managing agent, who are as likely hoodwinked by the parking scammers as he was before coming here.

For legit enforcement, the 56 day rule isn't exactly hard and fast - Some councils will still try it on, others won't. You may have to take it all the way to an adjudicator but you should be ok as they have previously indicated that they would only reject an appeal that had dragged-on beyond this time in exceptional circumstances.

I'm in Scotland too - There are minor differences in terminology and procedure but otherwise things are more or less identical. In addition, the PPCs - even Scottish based ones, don't even seem to know that we exist and nearly always couch their tickets and threat letters in English law - Which only serves to make them doubly unenforcable in Scotland!