Private parking ticket at home address - Premier Park

matthruba

Hi guys

Spent quite a bit of time reading the forum and trying to get to grips with what I'm going to do with the recent parking ticket I've been issued! My situation is a bit different to the more common car park tickets so thought it would be worth posting a new topic and getting your thoughts.

Here goes...

I live in a large apartment block. Underground there is a car park where I have access to an UNallocated parking space, I've got a permit which I display in my windscreen. The parking facilities are managed by Premier Park.

One night this week I arrived back at my flat and drove to the underground car park where there were no spaces. I drove back out and parked on the pavement directly outside the building. I've parked here before with no issues and I usually pop back out every hour or so to see if any spaces have become available in the car park. This time though, when I returned to my car I had a ticket - £100. (Reduced rate of £60 if paid in 14 days). I then noticed they had attached new signs to the lamp post which were not present previously. I assume it was there when I parked but I did not see it! Definitely wasn't there when I parked there a few weeks back.

A few years ago I got a ticket and after research the advice was to ignore, but now I understand it is better to appeal once the Notice to Keeper comes through? I've had a read of the BPA code of practice and now I need your help! On what points do I base my appeal? Do I even have a case here? Most of what I read relates to a 'car park' but I was parked on a pavement which Premier Park deems as private land.

- Is it private land if I am a resident of the apartment block displaying my parking permit? (I rent my flat)
- Was I even parked on their land?
- Is there adequate signage?

I'd post some pics of where I parked/signs but as this is my first post I can't!

Please can I have your thoughts?

Thanks

halibut2209

First of all, thank you for reading through other threads and doing a little research first!

First thing you must do is Nothing until the NTK comes through (as you say)

All you have to do then is what is known as a "soft appeal". Basically say something along the lines of "I have the right to park in this car park. I have a permit. Cancel this charge or send me a POPLA code" (others here have better examples from that)

No need to panic or go into overdrive until you have that code

Coupon-mad

Correction! Avoid the first person which would suggest who was driving.

The appeal after the NTK arrives would be more along the lines of "The drivers of this car have the right to park in this car park. The vehicle has been issued with a permit. I am the registered keeper and believe your signage is unclear and inadequate to form any contract with any driver and you have made no loss. Cancel this charge or send me a POPLA code"

halibut2209

^

What she said

Umkomaas

Is the road, incorporating the pavement on which you parked, adopted by the local authority, or is it entirely private land attached to the apartment block?

matthruba

Erm the pavement can be accessed by anybody, not just people who live in my flats. Not sure I understand the question.

Umkomaas

matthruba wrote: »

Erm the pavement can be accessed by anybody, not just people who live in my flats. Not sure I understand the question! It's a shame I can't post a picture, how many posts do I need to make?

Well, if it's the public highway (as in 'adopted by the LA') then PPC outfits like Premier Parking can't be issuing tickets.

If you don't understand the question, I suspect you don't have the answer, so you need to ask neighbours if they know, as well as checking it out with your LA.

4consumerrights

Well, if it's the public highway (as in 'adopted by the LA') then PPC outfits like Premier Parking can't be issuing tickets.

Nor can they stick their signage on public lamp-posts as stated by OP.

As Umkomaas says you need to contact your local authority to find out if this is an adopted road (public) or part of the private area.

Are the flats in a gated community?
Are there signs anywhere saying the road is private?

As the car park is underground - this suggest that this is just the private part.

OP if you can upload your photos to photobucket and break up the links - we can tidy them up and view them.

OP There are a number of other threads where parking charges are being issued to flat owners/renters.

You should also file a complaint to the management company regarding this issue - your posts says you have an unallocated space to park and that visitors also use the car park - but as you RENT the flat - you should have first priority - complain to request they instruct premier to cancel.

Your local rent officer at the council may also be able to assist - complain that you believe you are being harassed by this parking company (there are strict laws on harassment of tenants )

matthruba

No the flats are not in a gated community. The road leads to various other blocks of flats, shops, bars etc. The only thing is I have now remembered the post that the sign is attached is actually a post showing the name of the development so I'm thinking the whole area is developed by the property company and is therefore private?

There are no signs anywhere saying it is private but I guess I need to take your advice and get on to the LA and seek clarity.

I'll get some better pics this morning and upload them tonight.

Thanks for your help so far everyone

matthruba

I was parked between the green building and the post:

i.imgur.com/UIYTI2Q.jpg

i.imgur.com/wV5SMJS.jpg

i.imgur.com/u93xwbH.jpg

The sign:

i.imgur.com/N60iYlw.jpg

The entrance to private car park/garden which is all clearly signed:

i.imgur.com/iQrSzDh.jpg

Not sure if these pictures help in anyway.

Orford

Let's assume it's private land. The two conditions are:
that you display a permit
that you park in a marked bay only where present

Since there are no marked bays there, you fulfilled both conditions.

What's the alleged contravention?