Got a parking ticket on Wednesday outside my flat even though I have permit

spacey2012

catch the Noris Cole and citizens arrest him for attempting to break in to the car.

The_Deep

There is absolutely no legitimacy in invoicing people for parking in either an allocated bay or in part of their demised property. It is not "managing" parking, it is revenue collection. You, the owner/occupier have certainly not entered into a contract with them, their sign do not apply to you.

They are breaching your "quiet enjoyment" as you are entitled to in accordance with your lease/AST By rights, you should not even appeal to POPLA, but challenge them to take you to court, where you will counterclaim for trespass.

Stroma

But popla is easier as it can be done without attendance at a court, so taking time and money and effort. Popla though not fit for purpose can still be used as a means to cost the ticketers and bpa money

Oli.s

spacey2012 wrote: »

catch the Noris Cole and citizens arrest him for attempting to break in to the car.

Make sure you print out the popla advice thread from here and put it through everyone's letter box aswell so anyone else this idiot tries to self ticket doesn't pay.

AoD

The_Deep wrote: »

There is absolutely no legitimacy in invoicing people for parking in either an allocated bay or in part of their demised property. It is not "managing" parking, it is revenue collection. You, the owner/occupier have certainly not entered into a contract with them, their sign do not apply to you.

They are breaching your "quiet enjoyment" as you are entitled to in accordance with your lease/AST By rights, you should not even appeal to POPLA, but challenge them to take you to court, where you will counterclaim for trespass.[/QUOTE

Absolutely. I've just helped a neighbour get PCM removed from their own private space. Had to threaten legal action against the Management Company who for some reason beleived that because they were employed by the landowner to enforce restrictive covenants (no resident parking in visitor bays, no parking at all outside of bays etc) they could enforce silly PPC rules on private spaces.

We soon put them right :-)

kirkbyinfurnesslad_2

Nice one aod:)
I would be interested in seeing the correspondence you had on this if at all possible?

bazster

AoD wrote: »

Absolutely. I've just helped a neighbour get PCM removed from their own private space. Had to threaten legal action against the Management Company who for some reason beleived that because they were employed by the landowner to enforce restrictive covenants (no resident parking in visitor bays, no parking at all outside of bays etc) they could enforce silly PPC rules on private spaces.

The covenants are probably invalid anyway. Solicitors copy-and-paste them on autopilot and rarely understand what it takes for a covenant to be enforceable. "You can't paint your chimney puce" or "you can't park on the lawn" are not valid, enforceable covenants.

The_Deep

bazster wrote: »

The covenants are probably invalid anyway. Solicitors copy-and-paste them on autopilot and rarely understand what it takes for a covenant to be enforceable. "You can't paint your chimney puce" or "you can't park on the lawn" are not valid, enforceable covenants.

I am not so sure about that. There are some upmarket developments where sanctions against hanging out washing and erecting satellite dishes are rigidly enforced.

bazster

The_Deep wrote: »

I am not so sure about that. There are some upmarket developments where sanctions against hanging out washing and erecting satellite dishes are rigidly enforced.

I don't doubt it, but I'd bet that most of them would turn out to be unenforceable if anyone took the trouble to look into them properly.

Firstly, covenants have to be for the benefit of specified land. If a covenant simply states "the purchaser may not paint his chimney puce" but doesn't state what land benefits from the covenant then it's not a covenant. It might be a valid contract between buyer and seller but, if so, it dies when the buyer in turn sells on the property and it does not bind the next purchaser.

Secondly, covenants are only enforceable by the original covenantee or (possibly) his successors in title over the land benefitting from the covenant. Often the original covenantee cannot be found or is not interested in enforcing the convenant. This can occur even with modern developments where the covenantee is the development company but, once all the properties have been sold, they have no further interest in the development, couldn't care less about the covenants, and certainly can't be bothered to enforce them. A management company that has no title and is not acting as agent for the original covenantee has no right to enforce covenants, although I don't doubt that some will try.

Finally, covenants can only be restrictive, i.e. they can stop you doing things but they can't make you do things. So, the covenant you see in nearly all transfers which obliges you to maintain certain fences is just hogwash.

bruirn

Oli.s wrote: »

Make sure you print out the popla advice thread from here and put it through everyone's letter box aswell so anyone else this idiot tries to self ticket doesn't pay.

Definitely going to do this. Hopefully 'Norris' himself will see a copy too as I'm certain he lives in the flat complex.

In terms of an update, got another ticket last night (my third). After making some enquiries a lady from the letting agency that look after my flat rang me this morning and apparently the block management company sent out the latest permit last April ('Are you sure you didn't get it in the post?') so according to her 'I'm lucky I hadn't received a ticket until now'. Having her in my corner doesn't really instil much confidence in me if I'm honest.