Appealing against "own space" tickets

4consumerrights

jhardesty wrote: »

Watching this thread closely as the debt recovery team recently mailed me demanding £160.

No intentions of paying as I was parked in my own space

IMO the thread you should be taking more interest in is the one by Constant Gardner on this forum - he is being taking to court by BSG for parking in his own space. There is another thread of interest by Prakesht and N*pier - where this OP should really get back in touch - to respond to the second Gladstones letter.

@The Deep your comments are indeed interesting but hypothetical to some degree as you are fortunate in the fact that the property you own is not infested by the PPC world.

It can also be a bit more complicated than what you state regarding the rights of the management companies and terms in the lease etc.

The thread pointed out in my earlier post - regarding FunnyMunny's case - I would be fairly confident of a win (provided he argued the case of course as that it another problem at county court - presentation and preparation ) as I have seen the terms of his lease.:)

The least course of resistance is to challenge at POPLA - though they never consider the rights of lease/rental agreements nor of course the Equality Act.

The_Deep

IMO the thread you should be taking more interest in is the one by Constant Gardner on this forum

I have done a search but cannot find this poster, can you provide a link please

Umkomaas

Here you go TD

https://forums.moneysavingexpert.com/discussion/4659177

No space in Constantgardner

4consumerrights

The_Deep wrote: »

IMO the thread you should be taking more interest in is the one by Constant Gardner on this forum

I have done a search but cannot find this poster, can you provide a link please

sure:

https://forums.moneysavingexpert.com/discussion/4659177

The_Deep

Thank you. I have now read the thread and look forward to the outcome.

However, I note substantial differences from the scenario for which I am campaigning.

CG was not parking in his own space but on communal land, he seems to accept that he may have breached a contract by citing the UTCCC and that the amount claimed is a penalty.

I have read FunnyMunny's thread and agree he has a very strong case, I hope he follows through.

Gemlou

I only wish our management company felt as you do! They use our management fees to pay these crooks and refuse to support residents when incorrectly fined. In fact, when I had a ticket a while ago and called the managing agent in tears explaining that I was pregnant (and unwell) and needed their help in getting the matter resolved because it was causing a considerable amount of stress they shrugged me off. I emailed their managing director who ignored me completely! If you do ever find someone willing to take the gamble please post the results here, I'd be very interested and more than happy to follow suit next time!

bazster

Ah, Gemlou, you still haven't grasped the full ghastliness of the parking scam. The management company doesn't pay the parking company. If anything it's the other way round i.e. the management company may be getting a kickback from the parking company for every fake fine that gets paid. Would certainly explain why they will not help you!

You do realise that if enough of you leaseholders get together you could get rid of the management company? You even have the right to collectively buy the freehold of the site and set up your own management company. There's a private estate at the bottom of my garden where the residents have done exactly that. They take it in turns to be officers of their management company, rotating annually. Seems to work very well.

This is a subject where I don't doubt that The Deep will have considerable knowledge (more than me certainly, since I've never owned a leasehold property).

Gemlou

They definitely get paid, it's listed on the annual accounts but I'm very sure there are brown envelopes changing hands. The email I sent was forwarded to the ppc at the end of a jokey message about how drunk my account manager planned to get at the weekend and she made the mistake of forwarding me the thread. I'm hijacking this thread but you make some very interesting points which I'll be sure to look in to. Thank you.

bazster

Geez, professional much?