PCN on my own land

krryd9

My Daughter recently bought a house where there is a shared car park, it states on the deeds that 2 spaces are designated to her house. Not long after she moved in one of her neighbours told her that they had been having a few problems with people parking in their spaces and the other residents were going to employ a private parking company (PPL) to enforce the parking. She was later given 6 permits to cover herself ,family, and friends who wish to park in the 2 spaces she owns. As she was a 'newbie' she did not show any objection to this. The system started about 6 weeks ago and she has been displaying the permit as required, but unbeknown to her, the permit must have fallen off of the dash'. She awoke the next morning to discover that at 4am a 'parking ticket' had been placed on her car , which was correctly parked in the space she owns. She phoned the phone number provided, to explain and was just met with a monotone voice repeating "Can you not read". She appealed to PPL but they have turned down her appeal stating the warden could not have possibly known it was her car in her space and it was not their policy to accept mitigating circumstances. I think this is just so wrong. What do you think she should do please?

Hovite_2

Who are the PPC ?

Does you're daughter own the freehold thus making her the landowner ?

Guys_Dad

Please give the date when she got the ticket.

Do nothing till she gets a letter through the post.

Is there a management agent or committee for the estate?

Stroma

Could you tell us exactly the name if the company involved ? Look on here to see if they are there - thanks

http://www.britishparking.co.uk/Approved-Operators

krryd9

I think the company involved are called private parking solutions.
Yes the parking spaces appear on her deeds of which she holds the freehold
There is not a management agent or an official committee, more a group of neighbours who have got together on this issue
Ticket issued approx 2 weeks ago
she has already appealed using companies on-line system

krryd9

PS Parking firm are BPA registered

Guys_Dad

I would ask the PPC for a copy of the contract, or even one of the neighbours who organised this.

No one can create a contract on anyone else's freehold land.

Hovite_2

krryd9 wrote: »

I think the company involved are called private parking solutions.
Yes the parking spaces appear on her deeds of which she holds the freehold
There is not a management agent or an official committee, more a group of neighbours who have got together on this issue
Ticket issued approx 2 weeks ago
she has already appealed using companies on-line system

Then your daughter should write back and say that the landowner has lost nothing from her parking there without a permit as the landowner is her. She should revoke all rights for the PPC to enter her land and that any trespass by the PPCs representatives may result in her taking legal action against them.

SHE owns the land so SHE can kick them out. It will be worth trying to clearly identify to the PPC which spaces are hers.

Custard_Pie

What do your deeds say. The map will have a clear drawn on boundary. If the two car parking spaces are within this boundary and you hold the freehold, I would threaten them with suing for harassment.

No one would allow someone to trespass in their house, then invoice them for being there LOL.

The_Slithy_Tove

So much fun can be had with this one. I only hope the numpty neighbours whose idea this was is getting some of these fake tickets themselves.

Anyway, IF it is as you say, and that you own two specific, designated spaces, then the PPC are trespassing whenever they enter that land.

What you need to do is to stop displaying your permit. Then you will start collecting more tickets. Each one you should appeal, it will be turned down, and then you appeal to POPLA. This will cost the PPC £27 a time.

Your POPLA appeal will demand to see the contract between the PPC and the landowner, which of course does not exists, as you are the landowner, and have signed no such contract. Also you will have to demand a breakdown of the losses due to breach of a non-existent contract, which are also zero (you haven't lost any money). If they allege trespass, and that's why you have a ticket, it's even more laughable.

When they start losing, they may get the message at some stage.

Remember, the PPC was probably contracted by some residents association of management company, neither of whom have any authority to impose any such conditions over your own land.

Also, read this as the ultimate goal:
http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass

Hovite_2

The_Slithy_Tove wrote: »

So much fun can be had with this one. I only hope the numpty neighbours whose idea this was is getting some of these fake tickets themselves.

Anyway, IF it is as you say, and that you own two specific, designated spaces, then the PPC are trespassing whenever they enter that land.

What you need to do is to stop displaying your permit. Then you will start collecting more tickets. Each one you should appeal, it will be turned down, and then you appeal to POPLA. This will cost the PPC £27 a time.

Your POPLA appeal will demand to see the contract between the PPC and the landowner, which of course does not exists, as you are the landowner, and have signed no such contract. Also you will have to demand a breakdown of the losses due to breach of a non-existent contract, which are also zero (you haven't lost any money). If they allege trespass, and that's why you have a ticket, it's even more laughable.

Remember, the PPC was probably contracted by some residents association of management company, neither of whom have any authority to impose any such conditions over your own land.

I have to say - I prefer this approach to the one I suggested ! It will hit them in the pocket - HARD !!! :rotfl: