Fine for Parking in my Apartment's Private Space without Permit

vicky7_2

Hi everyone

Have a bit of a complicated parking problem that I really hope you can help me with.

I own an apartment with its own designated parking space and last year because some residents were parking in the visitor spaces all the time the company that manages the maintenance called RMG for all the apartments decided to appoint a private parking enforcement company and we were all issued with permits to display at all times.

In early October the one time I had my Mum's car and no permit the next morning I got a ticket!

I appealed it and explained I didn't have my car because it was in the garage and that I in fact owned the parking space in question.

I didn't hear anything until today when a company called TNC Collections left a voicemail on my phone asking me to call them and I called them back, which having now started to read these forums seems like a massive mistake.

They told me that it was in relation to the ticket in October and that my appeal had been rejected. I asked how much I owed and he said £135. I told him I never received a letter and told him I owned the space so it was ridiculous that I was being fined for something I pay for as part of my mortgage. I then told him I would get back to him, was completely stunned to be honest.

An hour or so later then got 2 texts stating UKPS (Northwest) Ltd had instructed them to recover the outstanding amount of £135. The original ticket was £100 reduced to £60 if paid within 14 days.

Also I wonder where they have got my mobile phone details from too as I didn't include it on my letter of appeal so now wondering if the maintenance company have passed them on to the parking enforcement company.

I don't really know how it can be lawful for me to have to pay a fine for a parking space that is included as part of my deeds but maybe there is something I am not aware of there, I am considering contacting citizens advice about it, because when thinking about it even if someone did park in my space other than me without a permit, it would be me it would cause inconvenience and why should they make money off my space?

My first instinct was to pay it to stop them harassing me but such a lot of money, the ticket was timed 8.50am and there were barely any cars around any way, such as shame to know these characters are lurking around my home.

Sorry for the ramble, I hope it all makes sense, any advice would be really appreciated, feeling a bit stressed out about it all.

Many thanks

Vicky7

matttye

Ask UKPS (NW) Ltd. for a POPLA code and then appeal to POPLA based on the advice provided in the newbies thread. There's a lot of reading to do but you're almost guaranteed to win if you follow the advice.

Tell TNC Collections to sod off and that the debt with their client is in dispute.

4consumerrights

@ Mattye / Vicky7 - you won't get a POPLA code as UKPS (NW) Ltd are members of the IPC and not BPA.

Send a strongly worded denial of debt letter back to TNC including a paragraph stating that they should desist to contact you by phone. Any further communications will be deemed harassment which may involve contacting outside authorities for assistance.

If you are employing a management company then I question the fact that you own the freehold to the property, but have leasehold.

Write to the management company stating that if they do not instruct the cancellation of this charge then you may consider further action or including them in a counterclaim should legal proceedings commence.

RMG will be on a kickback for collected charges and indeed you no doubt pay a management fee.

The_Deep

I don't really know how it can be lawful for me to have to pay a fine for a parking space that is included as part of my deeds

It isn't, and it is not a fine, it is an invoice. In fact, if you really do own the land they may be committing a criminal offence under the Landlord and Tenants Act. Please do not contact them again, and do not go near the C.A.B., who are useless.

Tell us what your lease says about the parking space, if it is part of your demised property then go for the jugular

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

if it is part of the communal land over which you have parking rights then you have two options, ignore, (but come back to us if you receive court papers), or appeal to The Red Cow Gang, and once they have turned down your appeal, ignore.

Do not pay these conmen a penny, and give your management company hell for hiring these crooks.

In either case you should do a bit of reading.

Marcd86

I livein an RMG complex too, and they have those shisters UKCPS running things here!

In terms of the lease of your space, I may be corrected by a more knowledgeable member, but if you own/lease the space there is a covenant of 'quiet enjoyment' - essentially you can do what you like with the space as long as its not against the lease. Lease trumps any contract the landowner holds with a 3rd party - so check your lease wording. If it doesnt state you need to display the permit, you can essentially tell them to cancel or youwill pursue for damages. Itmay even be that quiet enjoyment overrules any permit display issues if it was yourself using the space.

Again im no expert - so wait for a knowledgable menber to back this up or refute it.

Half_way

I would be inclined to play, asuming your lease is clear, hand the pass back to the management company and tell them that you want to be no part of this parking scheme, and that you will continue to park in your space without a permit as your lease does not require you to display one.

Collect the tickets and challenge each one, you've got nothing to loose.
youi could see just how many tickets you can get in a week/month and so on.
why not ask others to join in the game, to see who can get the most tickets/submit the most amount of challenges to popla.
You will be helping the following:
>The parking attendant, He/She may be getting a bonus for tickets

Comunity spirit, not only will your neighbors get to understand the world of the ppc a little better, it will also bring people together.

POPLA this will keep them busy and in work.

win win all round.

Cygnus_Alpha

Half_way wrote: »

I would be inclined to play, asuming your lease is clear, hand the pass back to the management company and tell them that you want to be no part of this parking scheme, and that you will continue to park in your space without a permit as your lease does not require you to display one.

Collect the tickets and challenge each one, you've got nothing to loose.
youi could see just how many tickets you can get in a week/month and so on.
why not ask others to join in the game, to see who can get the most tickets/submit the most amount of challenges to popla.
You will be helping the following:
>The parking attendant, He/She may be getting a bonus for tickets

Comunity spirit, not only will your neighbors get to understand the world of the ppc a little better, it will also bring people together.

POPLA this will keep them busy and in work.

win win all round.

This is a brilliant idea. It will cost the dodgy PPC loads of money.

The idea that they can charge someone to park in their own space is plain stupid.

DoaM

Great idea ... except this is IPC hence IAS, not BPA hence POPLA. (For both OP and Marcd86). So it is highly unlikely that the PCNs will be seen off - they'll just accrue until such time the PPC thinks it might be worth a punt at court.

gw23

If you are employing a management company then I question the fact that you own the freehold to the property, but have leasehold.

Not so - I live in a block of flats and we use a management company, but we each own a proportion of the freehold, which is fairly common these days.

Fruitcake

DoaM wrote: »

Great idea ... except this is IPC hence IAS, not BPA hence POPLA. (For both OP and Marcd86). So it is highly unlikely that the PCNs will be seen off - they'll just accrue until such time the PPC thinks it might be worth a punt at court.

Play the game and appeal anyway. Win or lose it costs the PPC at IAS, and this would be laughed out of court if the PPC were stupid enough to try it.

Marktheshark

If you own or lease the Land, I would want them to tell me why they think they can run a commercial business enterprise on the land you own without your permission, the excuse someone else said we could use your land is not acceptable.
Work out a rental schedule for the land and bill them for trespass and usuing the land for a business venture without seeking authority

If they put a burger van in your space would that be OK ?

Check your deeds or lease and