NGP Parking Fine

Rosy-Blush

I found a parking fine taped to my window yesterday morning with a flyer type ticket in it saying that my car had incurred a fine for parking in a private parking space, however the parking space I was parked in was mine! It is numbered with my flat number on the wall and I have a permit but it had fallen onto the floor in the car.
Unsure what to do now, I have tried to call them but a recorded message said that they do not enter into and verbal discussions about appeals and to email or write to them. After reading a few threads on here I am tempted to just ignore the fine as it seems that they have no legal grounds to fine or tow my car however I'm worried that if they come back (which they do on a regular basis) even if my permit is in the window can they do anything?
Hope someone has some advice for me as to whether I should write and contest it or ignore?

Thanks

surfboy1

Rosy-Blush wrote: »

I found a parking fine taped to my window yesterday morning with a flyer type ticket in it saying that my car had incurred a fine for parking in a private parking space, however the parking space I was parked in was mine! It is numbered with my flat number on the wall and I have a permit but it had fallen onto the floor in the car.
Unsure what to do now, I have tried to call them but a recorded message said that they do not enter into and verbal discussions about appeals and to email or write to them. After reading a few threads on here I am tempted to just ignore the fine as it seems that they have no legal grounds to fine or tow my car however I'm worried that if they come back (which they do on a regular basis) even if my permit is in the window can they do anything?
Hope someone has some advice for me as to whether I should write and contest it or ignore?

Thanks

Did it actualy say your car had incurred a "FINE"?
Who was the PPC ? (Private Parking Company).
You say it is your parking space , is it a freehold space or does it come with your property lease?
Do not pay them anything , all they can do is send you begging letters.

Rosy-Blush

Thanks surfboy1

It said 'Your vehicle has been photographed for evidence and is subject to a Parking Charge'. It was from New Generation Parking Management Ltd. The parking space comes with the flat we let from the landlords. There are 3 altogether and have our flat numbers painted on them and each of the flats has a permit.

pogofish

The first thing you need to confirm is that your space is covered in your lease/deeds. If this is the case, your right to "Quiet Enjoyment" applies, same as in your home. So you can instruct them to get lost and never operate on your space again.

Hoerver, if not you will need to make an "appeal" to NGP, the go to POPLA on its near-inevitable refusal. And if POPLA go against you, you can ignore that.

Half_way

As above, check your lease agreement and report back here.

If it doesnt mention anything about a permit/parking restrictions ( but it does mention that you have a parking space ) you have absolutly nothing to worry about, why should you display a permit to give the driver (yourslef) permision to park by the land owner ( yourslef)?
infact you can play a game, lets call it Popla bonus bingo.

Heres how to play:

Step 1: check your lease agreement, ( as above )and report back here, asuming that it says you have parking spaces and nothing about permits/restrictions

Step 2: ditch that permit - why bother giving yourslef permision to park on land your entitled to?

Step 3: inform the parking company that your vehicle was parked on your land and their charge is invalid

Step 4: inform the managing agency ( who engaged with the parking company ) that said parking company is no longer welcome on your land, and you will no longer be displaying a permit, also remind them that you have a right to peaceful enjoyment of your property.

Step 5: the parking company will probaby ignore any requests not to trespass, and the management company will most likely do the same.

Step 6: Collect; each time the parking company employee does his/her rounds they will place a ticket on your car, collect each one

Step 7: Wait for the letters to come to your address, this means the parking company has gone to the DVLA to obtain your data ( at £2.50 a pop)

Step 8: Challenge each and every letter from the parking company, you should be able to do this via e-mail as it will cost nothing for postage, tell them ( the parking company ) that "I do not agree to your terms and conditions and as such I shall not be paying youm, please cancell this outragous charge with imediate effect. If you dont agree to the above, then you will have to supply me with a Popla verification code, so that it can be dealt with independantly"

Step 9: The parking company should provide you with a Popla verification code for each ticket/charge notice they issue

Step 10: use the popla codes on the popla website, From what i understand this will cost the parking company £27 and the desicsion is binding upon the parking company , but not on you.

If the car parking area is patrolled 7 days a week, you should be able to pick up at least 7 tickets a week, from which the parking company should make 7 separate enquiries to the DVLA to obtain yuor details ( see step 7 ) and then from that you should be able to make 7 spearate appeals to popla per week ( see step 10)

if you get bored of this then you can just ignore, or tell them there trespassing, as far as i know there has been at least one successful case where a land owner took a parking company to court for trespassing, ticketing the landowners car on the land owners own land.
Theres even one PPC that claims that each time someone parks on land they manage they have to pay the landowner £100 as that PPc is in breach of its contract, they also acept £50 as an early payment offer, in otherwords the landowner could park badly, pay the PPC £50, but the PPC would then have to pay out £100 , going by that you could make £350 a week from that PPC. ( or £50 a pop in )

But all the above depends on your lease agreement with regards to parking.

Coupon-mad

It's a common occurrence, we see lots of threads like yours. Google 'fake PCN in my own flat space'. First two sets of results are lists of threads here and threads on pepipoo forum; loads and loads for you to read!

It's likely THEY trespassed - when putting the piece of rubbish (not a fine) on your car. And BTW, private towing and clamping is now illegal on private land so there's no chance of them doing that. You are safe to park there again and again!

See this thread which includes a recent appeal (rejected of course by the PPC) then a pretty strong POPLA appeal as shown (just submitted, no decision yet):

http://forums.pepipoo.com/index.php?showtopic=78026

That's where I recommend you get to, but you need to appeal to the PPC first (once you get a Notice to Keeper in the post, have you got that?) because they are in the AOS* and that means you can try POPLA to stamp this out. But only if you get the appeal spot-on to POPLA in the end, don't waste your chance as they don't always find in favour of the driver (but usually they do when the appeal is strong and well-worded).








*Just to mention that if this had been in Scotland/NI (except if using a hire/lease/courtesy/company vehicle) - or anywhere in the UK with a non-AOS member under any circumstances - the advice would have been to ignore them except if ever they issued a small claim.

Rosy-Blush

Thanks for all the advice everyone. Quick update is that I checked the contract and thee is nothing in there about our parking space, I guess it was just verbally agreed with the landlord when we moved in.

I received a second 'parking charge' notice and ignored it then I put a note in the window and said that I had no intention of paying any 'parking charges' so to please not litter my car. So far I have not received any more so fingers crossed that will be enough.

I have not yet however had a letter from them regarding the first 2 notices but as advised I will not respond when they finally land.

The_Slithy_Tove

Rosy-Blush wrote: »

Quick update is that I checked the contract and thee is nothing in there about our parking space, I guess it was just verbally agreed with the landlord when we moved in.

Your rental agreement probably doesn't say anything about parking. The important document you need to get hold of is the property's lease. This is something your landlord has. Depending on your relationship with your landlord, you could ask to see the lease, or at least get a copy of the section that relates to the parking space. Otherwise, ask an owner-occupier neighbour for a gander at their lease - it'll be much the same.

If (as is likely) the allocated, numbered space is part of the lease, then the rights to it will also apply to you (unless your rental agreement says otherwise, which doesn't seem to be the case). It is effectively your private property, as would be a driveway of a freehold house. No parking company can attempt to fine you for parking on your own land, despite what they and the ignorant management company may think.