UKPC Parking Charge outside my own house

BREALSY

Yesterday, 20OCT13, I received a 'Parking Charge' from UKPC for the value of £60 escalating to £100 for non-payment within 14 days.

UKPC enforce parking restrictions around my housing estate with signs up everywhere claiming the dangers of being clamped should we park outside our designated areas.

Having only recently moved in I wasn't altogether sure as to how serious this parking enforcement was, as I was told by the previous owners that all the residents who have visitors park on the 'soft pavements' (as in lowered curbs) in certain places and that they have never had any problems.

Our house has two allotted spaces in front of it but unfortunately a neighbour had guests over and they had parked their car in such a way that blocked the entrance to our spot on our drive. As a result I parked along side our own house, in a safe position, not causing any obstruction to the road, effectively waiting until the visitor had removed their car. In the meantime I received said ticket.

One of the neighbours suggested simply ignoring it, given it wasn't issued by the Council. So I came across MSE which I have used in the past but not specifically the forum.

Should I ignore it or appeal the charge within the 14 days on their website and await a POPLA code after they no doubt reject my claim?

Is this the actual process?

-Receive ticket
-Appeal
-Get rejected & receive POPLA code
-Appeal to POPLA with set format letter
-Win?

Many thanks in advance. Obviously I'm a bit miffed at getting my first ticket but mostly due to the fact I had my own space to go into to if I could actually access it safely.

spacey2012

Call the council ASAP and see if your street is adopted, does it have streetlights ?

BREALSY

spacey2012 wrote: »

Call the council ASAP and see if your street is adopted, does it have streetlights ?

When you say adopted, what do you mean by that? There are also street lamps outside.

spacey2012

Many housing estate roads are "adopted" by the council and become public land.
This Lot are famous for ticketing cars that are on public land.
If it has been adopted, a call to the trading standards is next.

BREALSY

I've sent a message to the Council with my query. Being a relatively new development all the house owners in the close pay a development/upkeep charge which goes towards maintenance of the surrounding area so I would imagine the area is indeed private. What is my best course of action should this be the case?

4consumerrights

Who do you pay the maintenance charge to? When you say a complex - do you mean flats and /or houses? - Do you have a private gated access for example?

You seem to think that it is indeed private land - if that's the case then clamping is now forbidden on private land (you state that UKPC have signs enforcing clamping).

My previous home was on a housing estate and we too had two allocated parking spaces - yet the roads etc were public.

BREALSY

4consumerrights wrote: »

Who do you pay the maintenance charge to? When you say a complex - do you mean flats and /or houses? - Do you have a private gated access for example?

It's just a residential close of houses but with no gated access, just simple off road access. The charge goes to a management company AFAIK.

4consumerrights wrote: »

You seem to think that it is indeed private land - if that's the case then clamping is now forbidden on private land (you state that UKPC have signs enforcing clamping).

There are signs everywhere saying clamping but in the sign attached to the side of my house a handily positioned piece of masking tape now covers 'clamping' and, I assume UKPC, have written on 'ticketing and fining' as one of the consequences of parking in the supposed restricted areas. Not all the signs have been "updated" in this way though.

4consumerrights wrote: »

My previous home was on a housing estate and we too had two allocated parking spaces - yet the roads etc were public.

I've contacted the council about this so I'll be waiting to hear back from them shortly.

Stroma

Clamping is not just forbidden, but it's a criminal offence to do it without lawful authority, that means council/dvla/courts , they won't have that! So take a photo of the signs and forward them to the dvla and bpa.

foi@dvla.gsi.gov.uk
aos@britishparking.co.uk

Ask them why an aos member is still showing clamping when it's illegal. They will probably come back with some lame excuse that this company has extra time to change them.

But it's worth making complaints as it keeps them on their toes

Lala1066

Might be worth checking if your local council has a highways register online, mine does. It should list all of the streets that the council has to maintain, which would make them public roads. I recently got a ticket in a carpark which is part public highway, and part of which had been highway but the highway had been extinguished or put back into private hands, I got all of that information online, and just confirmed it with the council.

Folkiedave

BREALSY wrote: »

......
There are signs everywhere saying clamping but in the sign attached to the side of my house a handily positioned piece of masking tape now covers 'clamping' and, I assume UKPC, have written on 'ticketing and fining' as one of the consequences of parking in the supposed restricted areas. Not all the signs have been "updated" in this way though.
......

Does it really say ".....fining...."?

Get a photograph. Private companies cannot fine people.

The thing that worries me here - are they acting on behalf of the council?

4consumerrights

Folkiedave wrote: »

Does it really say ".....fining...."?

Get a photograph. Private companies cannot fine people.

The thing that worries me here - are they acting on behalf of the council?

If they state fining also include this when complaining to BPA and DVLA about the illegal clamping notices.

I think UKPC are more than likely acting on behalf of management company.

Do as the others have suggested regarding the council side of things.

OP Write a formal complaint to management company regarding this charge and state that you are the owners of the property and parking spaces and that you only pay the management company for upkeep and not unlawful parking charges.

There is always the option of the home owners forming their own management company for the upkeep of communal areas, then you can dispense with their "services". I believe you need a majority concensus and need a proper committee ruling. Your local council and CAB should be able to give you more information regarding the criteria etc.