Parking ticket at my own home! (OPC) Help please

TestZed

Hello!

I've received a private parking notice at my own home. I've read the sticky thread and I would appreciate any advice and assistance with appealing (and also with posting links to my images)

The ticket was identical to the one in post 11 here: forums.moneysavingexpert.com/showthread.php?t=5074144

It was a windscreen ticket from OPC a couple of weeks ago. I left it for a bit because I saw the advice to appeal around day 21, and have been busy with my child being ill as well as night shifts and doing some research into all this

I am the RK, and I won't reveal who the driver was. Obviously NTK is not to be expected for another few weeks

My parents own the leasehold of the flat. They moved to Spain earlier this year and I moved in. I don't pay rent and there is no formal tenancy agreement.

When my parents left, they gave me a parking permit issued by the management company. Cars are parked on the private road outside the flat, which has no marked spaces, so you can park wherever you like as long as you display the permit.

I pay a service charge to the management company, but there has not been any separate charge for parking as far as I can see (they have not been providing breakdown of the service charge for some time, but that's a separate issue). Also, the road is owned separately by a company, it is not part of the property itself. The director of this company owns the freehold of my flat in his personal name.

I managed to find my parents' leasehold agreement and it doesn't say anything about parking, just that we have access to the property via the road.

The parking permits were only introduced 5 years ago. Before that it was free-for-all.

So: I agree that the sum is disproportionate and not a GPEOL, but the way I read it, OPC does have authority to issue tickets on behalf of the landowner? I'm not familiar with contract law but the residents have been informed of the charges by another means, not just the tiny sign at the entrance to the road, so it could be argued that there is a contract?

Therefore I am not sure whether the "standard appeal template" is appropriate in this case, and would be grateful for any ideas on what I should do first. Should I wait for NTK, send an email or send a postal letter, and what should it say?

Many thanks for all opinions and advice.

System

"standard appeal template" is usually 2 words - the second one being off.

But perhaps you can pad it out with. Dear OPC since the space is mine and you have provided no consideration, there is no contract to be breached. Yours demands are false but if you feel you have a case then please issue a court claim where I can raise the issue of your fraud conviction with the courts.

TestZed

IamEmanresu wrote: »

"standard appeal template" is usually 2 words - the second one being off.

But perhaps you can pad it out with. Dear OPC since the space is mine and you have provided no consideration, there is no contract to be breached. Yours demands are false but if you feel you have a case then please issue a court claim where I can raise the issue of your fraud conviction with the courts.

Thanks for your reply, but I have no idea what you are trying to say. You are not seriously telling me to email expletives to them?

I thought I made it quite clear in my post that there are no marked spaces on the road, and I am not the landowner nor can I find any document giving me the right to park there (except the permits which came with advice that not displaying them incurs the parking charge).

I would prefer not to go to court unless you are willing to defend me for free. While their invoice may not be valid, I don't see how previously being convicted for fraud means that they are unable to enter into contracts in the future :undecided

Redx

I would contact this owner/freeholder and find out if you have their permission to park, getting it in writing if you have to , including any stipulations they may have

I would also ask them to tell the PPC that they employ to cancel this charge and to place your VRN on a "whitelist" of vehicles allowed to park on this private road

The_Deep

I should not get too worried about OPC, they are unlikely to take you to court

http://www.expressandstar.com/news/2011/03/03/parking-fines-firm-admits-misleading-motorists/

Personally. I would be inclined to invite them to go forth and multiply. Google "clean hands" and "ex turpis causa".

TestZed

The owner of the flat is my parents, they are the leaseholders. The freeholder of the flat is a private person, Mr X

Mr X is the director of a company. The company owns the road.

TestZed

Redx wrote: »

I would contact this owner/freeholder and find out if you have their permission to park, getting it in writing if you have to , including any stipulations they may have

I would also ask them to tell the PPC that they employ to cancel this charge and to place your VRN on a "whitelist" of vehicles allowed to park on this private road

OK, I can try this but I suspect they will be getting some kickbacks and may be disinclined to cancel the charge, as they are closely related to the management company who have been unhelpful in the past

I expect they will just say that I am entitled to park if I display a permit...

TestZed

According to the letter (the second set of images in my original post) the management company has engaged OPC, probably on the instructions of Mr X

Redx

so, in theory , MR X , the freeholder of the property and owner of the private road, could take you to court over this matter because you parked there

OPC are working on the behalf of MR X , so its really a case of whether or not you have the right to aprk there or not, as it seems you are saying that the leaseholders have nothing in the contract about the right to park

if there was the right to park in the contract, it may be different

the point is that you either have the right to park, or you dont , or you only have the right to park if a valid permit is displayed

if this went to court, these are the matters that would be debated

TestZed

Redx wrote: »

the point is that you either have the right to park, or you dont , or you only have the right to park if a valid permit is displayed

if this went to court, these are the matters that would be debated

Yes, this is what I thought, therefore I don't know whether using the recommended appeal letter is advisable

While they have not suffered any loss and the charge is extravagant, I am not sure I have the right to park there in the first place unless I comply with OPC's conditions

Redx

this was why I advised you to contact MR X and sort out the parking rules he expects on his land, then to comply

if you told him it was an oversight and no loss was incurred he may cancel this charge with OPC, this would be the best way to get this cleared up , although you could also appeal to popla on legal arguments and try to get it quashed as well