UKPC - Parking fine

The_Deep

So OP, what are you going to do when your Popla appeal is allowed?

Abide meticulously by their T & C, or bin your permit and give them a kicking? Your choice.

Peter1979

My letter has gone off to POPLA so I will now patiently wait and hope for the correct conclusion.

As a slightly related subject, I contacted my estate manager who referred me to the management company for my building, I put forward my thoughts on how it was a needless situation and how UKPC could have shown some common sense by waiving the fine. The response has made me pretty annoyed to say the least.

Last line of my their first reply

I would suggest that the parking charge is queried and your evidence of your valid permit is provided to UKPC. This is likely to reduce the charge due to £15. This is an admin charge to act as a deterrent to ensure that residents adhere to the parking rules & regulations on site.

And the latest email

Unless there is some deterrent, why would residents adhere to our regulations as they know there would be no punishment. The lease allows the estate management to implement the necessary processes or systems to benefit the site and with our parking control system we have very little issue with cars parking is incorrect spaces or spaces that aren’t theirs. I personally don’t think it is too much to ask for residents to display a valid parking permit in their parking bays at all times. We even have plastic wallets available to ensure that the permits can be securely left in place on the windscreen. This would avoid the parking permit being ‘blown off the windscreen’.

Every lessee has the right to quiet enjoyment of their property but this doesn’t mean that Estate Regulations aren’t adhered too in the process.

How do you respond to that?

It's worth noting that due to the previous management company's negligence my service charge stands at near £200 a month.

bazster

Geeze, ignorance is bliss huh?

I'd be inclined to respond extremely sarcastically.

First, thank them for confirming that their charges are a "deterrent" and a "punishment".

Then point out to them that they have no lawful authority to "punish" anyone, and that it is trite contract law, settled in Dunlop Pneumatic Tyre Co. Ltd. v New Garage & Motor Co. Ltd. (1915), that sums payable for breach of contract must represent a genuine pre-estimate of the loss likely to be suffered in the event of a breach. Sums intended as a deterrent or penalty are unenforceable, as will shortly be demonstrated when PoPLA upholds your appeal.

Further point out to them that UKPC is not the lawful occupier of the land and has no standing to enter into contracts with respect to the land and hence no standing to claim anything from anyone.

Then put them under notice that you require their agents UKPC to cease and desist trespassing on your parking space, and that should such trespass be repeated you will hold them, the management company, vicariously liable for the actions of their agent. Draw their attention to Davey v UKPC where UKPC were sued for trespass over ticketing in residential parking and were obliged to pay £150 damages and £1,280.26 in costs.

Finally you could recommend to them that since they seem to be having difficulty with the basics of contract and property law they would be well advised to consult a solicitor specialising in this area.


That's my two penn'orth, but hold fire, others will probably suggest additional Exocets you could send to them.

Umkomaas

Great piece of advice bazster, you're back to your best.

The letter should go off like a grenade on the estate manager's desk

Coupon-mad

I like that, bazster! :T

There's an example letter like that in tospig's thread about UKPC.

Peter1979

I think I will wait for the result of the POPLA appeal and then use some of the above points, I am moving out of the building in the next few weeks but I will make my point with them.

I am still staggered by the attitude of the management company, I have sent a message to the estate manager to complain and will escalate it further to the developers who would have appointed the management company in the first place.

Thank you for the advice bazster, I can only hope the POPLA appeal is upheld and I can fire off an email that makes the idiot soil himself.

Guys_Dad

Why wait? The estate management company have no link with POPLA but could get the PPC to back down before POPLA.

Once you have moved, you are in a very weak position to deal with them.

bazster

I agree, why wait? It's just a letter, get on with it.

The_Deep

Bazster's draft is just what is needed, give copies to the other residents to also send to the MA.

While it is true that Many of the "rules" are for the greater good, such as not parking in others' spaces or in visitors' bays, harassment over permits is most definitely not.

Send the letter now, and send the paperwork when you receive the appeal decision, keep up the pressure.