Parking Ticket in my own parking bay?

bojangles3

Hi all,

I live in a small gated apartment block with numbered parking bays for each apartment. The development has a locked electric gate that can only be accessed by an electronic fob (but can be accessed by foot if someone leaves the pedestrian gate open).

I don't have a car but still have a designated parking bay with the number of my apartment on it. My friend came to visit and I told them to park in my bay. Later that day there's a 'Fixed Penalty Notice' stuck on the window from L.P.E (UK) Ltd (legalparkingenforcers.co.uk). I was given a display permit to display when I moved into the property but couldn't find it to give to my friend at the time.

I know the general consensus is to ignore the "invoices" but as it was my friends car and I told them to park there I don't want them to get hassled.

Just wondering in this situation do I have any additional rights as it was my bay and therefore the only person who should and can park there is ME?

Also as it is a gated community have LPE trespassed? I'm going to ring the company who manage my development and explain the issue tomorrow. If they have given permission to LPE to monitor the development maybe I can get them to resolve it. If LPE didnt have permission does that invalidate the "fine"?

I need your help wise MSE Forum!

Browntoa

not a parking ticket but a windscreen dressing.......

Stephen_Leak

If your parking space is shown on your deeds as part of your property, then, yes, it's trespass.

The only people to suffer when a building management company bring in a private parking company are the residents. I can't wait for mine to make the same mistake. They won't know what hit them.

Write to the building management company, advising them that they are "jointly and severally liable" for the actions of their agents, the PPC, and that any further actions by either of them would be regarded as harassment under the terms of The Protection from Harassment Act 1997. This ought to make them call off the PPC and, hopefully, realise the potential cost of doing business with a PPC.

Unless it’s a condition of the lease, you can opt out of any parking scheme.

trisontana

Was it actually called a "Fixed Penalty Notice" ? If so then that's very naughty of them.

bojangles3

The ticket doesn't say "Fixed Penalty Notice" but it was in a little yellow bag on stuck on the windscreen that said "Fixed Penalty Notice"

Thanks Stephen Leak, will contact the development company and quote The Protection from Harassment Act 1997 and hopefully make them brick it.

Apart from the trespassing premise, even though there is a permit system in place in the development can they legally give me a "ticket" if I'm in my own assigned bay?

taffy056

You friend as the registered keeper of the vehicle may be hassled to pay by powerless debt collectors. But I doubt it as I don't think these are members of the BPA AOS , so shouldn't be able to get his details from the DVLA. You will not get anything at all as its not your vehicle. Maybe ask your friend to come here and we'll explain it for him ?

taffy056

I take that back they are AOS members so he will hear from them

The_Slithy_Tove

LPE don't have a hope on many counts. That they trespassed on your land is pretty damning. Calling it a Fixed Penalty would also scupper any attempt they made at enforcement.

You need to go in hard with the management company, as already suggested. In a gated, restricted access parking area, there really is no reason for a PPC to be operating. It would be interesting to find out whose idea it was to bring them in. Did the management company invite them in, or did the PPC approach the management company, offering to solve a parking problem that was never there in the first place?

tospig

Stephen_Leak wrote: »

The only people to suffer when a building management company bring in a private parking company are the residents. I can't wait for mine to make the same mistake. They won't know what hit them.

I'm still trying to make my management company realise their 'mistake', but for whatever reason they still don't get it. I'm not giving up though!

OP, tell your friend to ignore everything that's sent to him, that's what I'm doing with my 6 invoices

Stephen_Leak

tospig wrote: »

I'm still trying to make my management company realise their 'mistake', but for whatever reason they still don't get it. <snip>

The cut they probably get from any "fines" might have something to do with this. The "Letter Before Action" for the harassment suit ought to change their mind.

LincolnshireYokel

tospig wrote: »

I'm still trying to make my management company realise their 'mistake', but for whatever reason they still don't get it. I'm not giving up though!

OP, tell your friend to ignore everything that's sent to him, that's what I'm doing with my 6 invoices

They are responsible for the actions of there agents, the parking company. If they arent careful someone will drag them into court along with the ppc. Point this out to them.

https://www.thisishullandeastriding.co.uk/Clamped-driver-sues-firm-hired-clampers/story-11962039-detail/story.html