Parking charge fee in own parking space

Stroma

Coupon-mad wrote: »

Yep because they can only claim 'registered keeper liability' if they get the details from the DVLA. Not through a 'back door' method.

Yeah but if they know which flat it is for the parking bay , I can see a situation like that, they are scammers after all and some mugs could just cough up.

Stroma

These maybe

local Permit Parking Limited
https://www.duedil.com/company/07960886/lpp-local-permit-parking-limited

They are engineers pmsl
http://www.192.com/atoz/business/london-ec1v/engineers-consulting/lpp-local-permit-parking-ltd/25f4739cc930ecb08ab002970bc7e0638e44ea25/comp/

The_Slithy_Tove

The way things workin blocks of leasehold flats, and other similar developments is like this (thisis a model we often see, but not everywhere is like this):

The developmentconsists of a number of leasehold dwellings. Each dwelling comes with adesignated parking space. The lease specifically says which space belongs tothat dwelling. To all intents and purposes, this is the same as your drive in atypical street of freehold properties. The parking space is part of theproperty, though the lease may specify what you can and can't do on it (e.g.it's for parking a car, and not erecting a garden shed). The lease probablydoes not say anything about parking permits or the like.

It isn't always likethis. Sometimes there is only communal "free-for-all" parking, whichbelongs with the freehold, in which case this scenario does not apply.

A management companyfor such a development is responsible for managing the common areas, e.g.structure of the buildings, common driveways, gardens, stairwells. You pay amonthly/annual charge to the management company for them to maintain theseparts, plus insurance, sinking fund, etc.

The freeholder isnot normally involved an awful lot. They may put in the management company.They don't have an awful lot of rights over the leasehold properties during theperiod of the lease.

One day, along comesa Private Parking Company (PPC), who persuades the management company that theyhave a "problem" with parking, and that they can solve the problem bymanaging the parking, issuing permits, handing out tickets for breaching termsand conditions. This is done for free, so costs the management company nothing(in fact, they may even get a kick-back for tickets issued). The managementcompany thinks they are getting something for nothing. What they normally failto realise is:

* Only common areascan be managed like this, e.g. shared or visitors parking, but NOT specificallyallocated parking spaces assigned to each dwelling

* PPCs enteringthose private spaces ant ticketing them are committing a trespass (it would belike someone putting a parking ticket on your car parked in your own drive)

* They cannot imposea parking permit system over areas they have no control over

* The PPC only makesmoney by issuing tickets (which get paid). As there is not normally a parkingproblem with outsiders parking where they shouldn't, they main source of theirincome is by ticketing the residents for minor infractions of their made-up rules.Result: angry residents

* They should beacting FOR the residents (i.e. those who pay them), not a PPC, not thefreeholder. Many management agents seem to adopt the role ofschoolteacher/control freak, and don't understand who they are actually workingfor.

* Even on sharedparking areas, a PPC cannot claim that people "contractually agree"to their ludicrous charges by parking there and failing to obey all the rules.Again, anyone parking there who shouldn't be is trespassing. Action can only bebrought against them my the landowner, which would be the freeholder (in somecases the freehold is jointly held by the leaseholders or a company of whichthe leaseholders are shareholders). And even then, only for losses incurred.This makes ALL such tickets unenforceable.

In order to have asuccessful battle with the management company, preferably resulting in the PPCgetting thrown out, they need to grasp all of the above points. The driods inthe front-office will almost certainly fail to understand. Those higher up thechain really ought to know, but often don't. And again, they forget who ispaying their salary.

An alternative plan of attack is to never show your permit, collect lots of tickets, appeal every one, and then appeal on to POPLA for each one, at a cost of £27+VAT each to the PPC. With the right argument (come back here for that), you will win them all. At some point, they may take the hint.

Half_way

If your lease agreement checks out OK ( in in all cases so far they have) do this but with a twist

An alternative plan of attack is to never show your permit, collect lots of tickets, appeal every one, and then appeal on to POPLA for each one, at a cost of £27+VAT each to the PPC. With the right argument (come back here for that), you will win them all. At some point, they may take the hint.

first of all why ahould you display a permit to park in your own space?
Secondly why not have a little competition with your neighbours - who can rack up the largest amount of popla challenges? if anything it will keep Shona and co busy.

Guys_Dad

Not guaranteed to win at POPLA see here https://forums.moneysavingexpert.com/discussion/4488337 post#49

Stroma

Guys_Dad wrote: »

Not guaranteed to win at POPLA see here https://forums.moneysavingexpert.com/discussion/4488337 post#49

But this lot are not in the bpa!

And nothing in life is guaranteed except taxes and death, but there are a lot of things to put into an appeal that will give you a very good chance of winning . And that was a weak appeal if you read it

Half_way

Guys_Dad wrote: »

Not guaranteed to win at POPLA see here https://forums.moneysavingexpert.com/discussion/4488337 post#49

Popla win or Popla lose lease trumps parking companys letters, however it may also be prudent to complain to the management comany, and tell them that pcm employees and agents are not welcome on that land ( ie the car park space)