Unusual PCN situation – help!

LDM1988

Hi all,

I've been reading a few threads on here for some advice and a lot of it is relevant (and fantastic) but I feel as though my situation is unique!

I live in a block of flats with residents' parking bays – it is patrolled by an IPC parking company (London Parking Solutions) and they ticket for not having the correct permit.

Our management company first didn't send us a permit so we got a parking ticket. Then they sent us an incorrect permit which we displayed (we didn't check and by the time we realised we had received 8 PCNs!). One is for a time when London Parking Solutions told us they had frozen the bay having realised the error, and one is a duplicated PCN number. None of these tickets have been sorted by the management company, despite their error.

Eventually the correct permit was sent. I was always parking in the bay I had been allocated but displaying the incorrect permit because I had no choice but to. I couldn't park in the bay for the permit they had sent me because there was already a car in it, using the correct permit for it.

I am renting this space and it is mentioned in my tenancy agreement. There is no mention in there of needing a permit etc. All it says is rent:£XXXX plus £150 for use of two parking spaces. One of our spaces is fine, so it's just this one causing the trouble.

I'm trying to negotiate with the management company to pay the PCNs but at the moment they're very quiet on the matter.

Any advice would be greatly appreciated! We're not intending to pay because it's not our fault but I'm not sure what steps to take with the management company and the parking contractor.

Many thanks,
LDM1988

Half_way

if there's no mention that you need a permit, then you don't need a permit. lease/rental trumps ppc.

will post more later.

Marktheshark

In would ask why they think they can run a profit making business on land you contractually rent ?
How about a burger van in the parking space, would this be acceptable ?
I would look at this rental and lease and see if it gives them any right to sub let the space to a company to use for a profit driven business with you as customer.
Then sue them for harassment if it does not, each and every ticket = one new case.

LDM1988

Half_way wrote: »

if there's no mention that you need a permit, then you don't need a permit. lease/rental trumps ppc.

will post more later.

I was under the impression this was the case, thanks for clarification. Look forward to hearing more – I just want to make it clear to the management company that this is their problem, not mine!

LDM1988

Marktheshark wrote: »

I would look at this rental and lease and see if it gives them any right to sub let the space to a company to use for a profit driven business with you as customer.
Then sue them for harassment if it does not, each and every ticket = one new case.

Absolutely nothing in rental agreement about subletting space. The only mention of parking spaces was what I wrote in the original post, verbatim. Simply, "£150 for two parking spaces". So that's per month.

Thanks for your reply – I'm unsure of next steps. It's all been a lot of stress and threats from the parking contractor, all for something that is the fault of the management company.

ManxRed

Dear Management Company,

I hereby withdraw all implied access to the parking space [identify the space] to you, your employees, agents and sub-contractors (including but not limited to London Parking Solutions). Any further incursions onto the land (including for a third party to operate a profit making business on the land, or affixing speculative invoices to any vehicle parked in the space) will be considered as trespass and action may be taken against you accordingly.

Yours,

Etc.

bod1467

Google for UKPC vs Davey.

LDM1988

Thanks all for your replies. Any advice on what to do in the meantime? I don't feel like I should have to waste hours of my time appealing and writing letters to the parking contractor because none of this is actually my fault – it's all because of the management company's errors.

How do I deal with them? Do I ignore the parking contractor? I expect they'll keep chasing me no matter how many times I tell them the management company have admitted liability for this.

Thanks.

Half_way

There are different ways to deal with this.

First of all it could be argued ( at a stretch ) that by continuing to display a permit you are agreeing to the parking company's terms, so get in touch with the management company and tell them that you object to a parasitic parking company (PPC) trespassing in your parking space and as such you are returning the permit.
Also tell the management company that you may hold them liable as principal for the actions of their agents.

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

The management company are/can also be held liable for the actions of their agents.

you can also tell the management company that unless they call off the parking company you will be invoicing the management company for your wasted time Do not be extravagant.

As for games, this is an IPC company there's a high probability that any challenge made to the IAS will be rejected.
If you word the challenge correctly and its rejected then you should be able to complain to the DVLA.
The Independent Appeals Service (IAS) is anything but independent, however any decisions it makes are not binding upon the motorist.

So for every bad decision complain to the DVLA with the aim of getting the IPC struck off as an Accredited trade association.
You should be able to just copy each challenge and make your own template up to use each time, again complain to the management company about the harassment.
When/If you get fed up with this you may be able to take action against the management company for the harassment that they are causing as a result of the actions of their agents.