PCN Theory and Questions for the experts

Marktheshark

If the lease covers the space !!!!!! are they doing operating their business on your land ?
I would want an answer to that first and who thinks they have the right to make contracts with private firms to use your land to make money ?

If you came home and someone was selling hot chestnuts from the parking space would you want to know what they thought they were doing ?
Oh the management firm said its ok to run my business on your land without even asking you ?
Would that wash ?
No so I would not have this.

Guys_Dad

bazster wrote: »

GD, you seem to be on a trajectory of craven spinelessness which, one day soon, will see you advising people to simply pay these bullies.

Unwarranted. Let me remind you of the question that I was answering that related to going out of one's way to get ticketed on a matter of principle'

"2) Given that I have a permit and don't want to use it, should I simply not bother with it and receive a ticket every time they come round in the vain hope they leave me alone if I successfully appeal them once?

I really hate having to remember to put a permit on my dash to announce I'm parked in my own parking space, my fear is I could be lambasted with tickets daily if I don't!"


I agreed with Umkomaas' comment as a way forward and ManxRed's suggestion is worth a go too, but other courses of action could lead the OP to financial exposure.

I see nothing wrong with highlighting that so that OP can evaluate the way forward.

Marktheshark

Depends what type of person you are ?
Give the bully your dinner money and hope they dont beat you up (give you a ticket) for forgetting your dinner money (putting your permit on)
Or sorting the bully out by facing them head on and giving them a hiding.

Personally I would have both leases out, master lease and leashold lease and examine for anything they could use in a defence and if there is nothing I would put the permit in the bin, collect tickets and paper work in the hope they tried court then counter claim them to the high hills for trespass, harassment and intimidation.

bod1467

I was going to ask about the lease, but was confused by OP saying "I live (and own) an apartment with a parking management in force". (But then I guess you could have leaseholder rights to a plot of land but own (part of) the property on it).

Anyway, OP should check out UKPC vs Davey ... this sounds like a near-identical scenario.

Hot_Bring

In this case the lease trumps any implied rights to JD Parking to run a permit system. Write to the MC and say, as they have not proposed a change to the leases ( which they would have to get agreement for from all residents and pay the costs of doing ) the parking system has no legal foundation.

Can you and the other residents look to by the freehold and thus form your own management company ?

Umkomaas

Anyway, OP should check out UKPC vs Davey ... this sounds like a near-identical scenario.

I'd be copying that link to the MC in any correspondence with them!

The_Deep

bazster wrote: »

GD, you seem to be on a trajectory of craven spinelessness which, one day soon, will see you advising people to simply pay these bullies.

Indeed, especially in this case where the PPC appears to be attempting to interfere with the OP's leasehold rights, perhaps a criminal offence.

As for the !!!!!! comments, directed I suspect, at Bazster and myself, I am surprised, I always had GD as better informed than that.

Marktheshark

Rolling up and operating a parking business with you as customer charging someone £60 if you dont display one of our badges is no different if you own the lease than someones front drive.
What would people with driveways do if you came home and a PPC had put charges in place on your front drive ?
Whats the difference here ?
Because a company you pay to change the light bulbs says they can run a business on your land its ok ?
Charging you for parking on your own land ?
I would be suing them for a damned sight more than harassment.
The first thing they would be getting is a contract charging £100 a day for operating a business on the land you hold lease to and informing them if they service the contract by operating they accept it.
They want to play silly !!!!!!s game on !

Coupon-mad

Just to add that, to find the winning words re a permit case for POPLA, search the forum for 'analogous' to include the great words from Chris Adamson the Senior POPLA Assessor about 'not displaying a permit not being analogous with Pay and Display, so there was no loss' (effectively).

Mike172

I live in flats and have allocated parking.

I've received 3 tickets so far, 2 are due back from POPLA very soon.

If they are successful I will be removing my permit but only because I want to cost the PPC as much money as possible with POPLA appeals. Miniscule im sure. But its a nice way of giving UKCPM the middle finger.

One word of warning - If you lease or have a company car be careful the 'parking warden' doesn't remove the ticket from your windscreen - or the other residents for that matter. Ive had this happen but only on a car I own so I received the NTK anyway. I am now leasing and the NTK would of course go to the lease firm. Ive asked what they would do if they received an NTK from a PPC and they assure me they would simply inform the PPC to come after me instead. They did mention that if it were a speeding offence or TFL fine for example they would pay it and charge me.

Fingers crossed.......

Im not sure I despise more. The Management company or the PPC. They are both dirty thieving c****.