Parking in Own Bay - permit not on show

Kentish_man_2

Hi,

Newbie here, and although I think I have got the jist of appealing unfair tickets I was just wondering if I could have your opinion on my case.

I live in a block of flats with each flat having a space. This space is behind a vehicle gate, where you need a key fob to open. As part of this I have a numbered space. On Friday my girlfriend drove round and let herself in at 10pm, but I was out and as we were out early on Saturday forgot to display my permit in her car. At midday on Saturday we found a windscreen ticket. I feel this is unfair as it was an honest mistake, not to show the permit. But this will not hold up against these PPCs.

A few initial facts
I purchased the flat in October and upon checking my leasholed agreement can see I own the flat and the parking space.
The leasehold makes no mention of the need to display a permit.
The land owner is MOAT, however I believe it is a third party managing agency that contracted the PPC involved.
My girlfriend is the registered keeper and was driving - we don't live together
At no point in time have I had to attach my permit to a specific vehicle registration.

Due to the the fact it was my girlfriends car, she doesn't live in the flat, and the time between parking and getting the ticket, I am wondering if I should still appeal.

Thanks in advance and for all the help that has been provided in the sticky threads.

Dee140157

Wait for N tK to appeal and get it sorted but in the meanwhile complain like mad to managing agent.
If it is on your lease that you own the parking space then I believe the PPC could be committing trespass.

Have a read of this which the. Deep posted on another thread today
http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS

If you do a quick search of this forum for "own space" or so etching similar, you will see lots of advice on how to handle.

Hot_Bring

Which PPC ?

Kentish_man_2

Thanks,

I guess its just a lack of confidence which is why I originally wanted to ask opinion on here.

The PPC is Parking Ticketing Ltd.

Edit to say - I have checked and they are BPA approved, also from their site, they claim to be able to search DVLA for driver details.

Hot_Bring

Do not ignore this - follow Dee's advice. PTL have done court a number of times. Love the fact that they offer a "bonus" to parking attendants - tells you all you need to know about corrupt companies like this one.

The_Deep

As you own the parking space the PPC have no standing whatsoever.

You can ignore them (unless they are daft enough to try court), fight them as per Roger Davey

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

or, if you just want them to leave you alone, take the easy option and make two appeals, one to the PPC, and if rejected, one to an Adjudicator.

Whatever you choose, you should complain, complain, complain, to your management agents, Moat, the Residents' Association, leaflet residents' cars, post a complaint of the notice board, kick !!!!.

As an owner/occupier your lease entitles you to "quiet enjoyment" of your property, and this interference by the PPC/MA may constitute a criminal offence under The Landlord and Tenant Act. Their purpose is to make your life easier, not to harass your visitors.

Also, ask the MA for a copy of their contract with the PPC, it may well be that they are receiving a kickback from the PPC, if so, does it appear in the annual accounts.

Finally, if you are up for it, throw away your remit and demand that the PPC cease and desist from bothering you. Warn the MA of the consequences to themselves of associating with actions of this nature.

Kentish_man_2

Thanks for all the advice. I will be writing letters tonight and getting them sent - ahead of the NTK.

Not sure how much luck I will have with the managing agent. The vehicle gate I mentioned has been broken and as such been permanently open for the last two weeks. Shows how much management they are actually doing!

The_Deep

You may be being unfair, sometimes it takes time to get new parts.

Kentish_man_2

You are probably right Deep.

I'll stick to the more important issue at hand, ie - the parking ticket.

bazster

You should write to landowner, managing agent and parking company pointing out that you are the leasehold owner of the parking space and expressly withdrawing any implied right of access they might believe they have to your property.

Tell the managing agent and the landowner that in the event of any future trespass by the parking company you will hold them liable for the trespass by their agent.

Guys_Dad

Don't cherry pick on the lease, though. You need to know what discretionary powers the landowner of the freehold has assigned to the management company.

That may not be in your lease per se, but may be in the contract between the freeholder and the management company. As a leaseholder, you have a right to see that, of course.

Out of interest, is the freehold owned by a 3rd party or do all of the leaseholders actually own the freehold amongst them?