Two tickets in my own space

The_Deep

When your partner writes to the HA make sure she copies in HMCC if applicable..

Awooll

The_Deep wrote: »

When your partner writes to the HA make sure she copies in HMCC if applicable..

London and Quadrant Housing Trust. Seem they are exempt form regulation?!

So I am sending a message the 'Homeowner Team' through their website today saying:

While parking my car in my designated space I have been given two tickets by Ethical Parking Management for not displaying my permit.
I demand that these charges are cancelled. As stated in my lease I have permission to park my car in this space.
CBC EP42*** & EP42***

I have chosen not to use the complaints form because on their website they ask for a chance to resolve the problem before a complaint is submitted. If I don't get a swift response I will submit a complaint.

tincombe

And were you displaying this permit as required and was it valid? If no to either or both, why not? What is the evidence against you?

I'm new to this forum but why we've gone into the minutiae of procedure before establishing the facts is a little strange IMO.

Awooll

tincombe wrote: »

And were you displaying this permit as required and was it valid? If no to either or both, why not? What is the evidence against you?

I'm new to this forum but why we've gone into the minutiae of procedure before establishing the facts is a little strange IMO.

I forgot to put the permit on the dashboard when I parked. I assume they have taken photographs as evidence. I didn't think I had a case but after reading other threads it seems I am not required to display a permit.
I have read the lease which mentions no permits (happy to post wording).
I hope this is right as this is my last day to pay the reduced fine.:(

The_Deep

If this is a "contractual breach charge" as they claim, does their paperwork mention v.a.t.? If not, ether they are trying to evade it, ot it is not a cbc but a boc (breach of contract).

Ask them for a vat invoice. If they ignore your request, (very likely), you have a stick with which to beat them should it get to court. More reading:
https://forums.moneysavingexpert.com/discussion/5033796=

https://forums.moneysavingexpert.com/discussion/5195437

https://forums.moneysavingexpert.com/discussion/5087925=

If you suspect tax evasion report it to the fraud hot line here

http://forums.moneysavingexpert.com/showthread.php?t=5087925&highlight

Grimble

Get it through your head IT IS NOT A FINE, no private company can fine you, it is a speculative invoice.

Awooll

The_Deep wrote: »

If this is a "contractual breach charge" as they claim, does their paperwork mention v.a.t.? If not, ether they are trying to evade it, ot it is not a cbc but a boc (breach of contract).

Ask them for a vat invoice. If they ignore your request, (very likely), you have a stick with which to beat them should it get to court.

Thanks, there is no mention of VAT anywhere, and they are registered as they have a VAT number on their website.

Awooll

Grimble wrote: »

Get it through your head IT IS NOT A FINE, no private company can fine you, it is a speculative invoice.

Ok, i'll try and remember that, you're right it is described as a charge.
I have to confess having spent hours reading though various threads I am not feeling very confident of being able to put together a good appeal.

Half_way

You have been asked what does your lease/rental agreement say about parking
, this is important as it will/could be your golden ticket so to speak, especially if the parking company was stupid enough to try court, unless ive missed something this important question remains unanswered.

If there is no mention about permits or any other such stuff, then why are you displaying a permit? it could be argued that by displaying a permit you are agreeing to the parking company ticketing you, as well as other vehicles in YOUR space and running a private profit making business in your parking space.

You may have a clause about reasonable action(s) that the management company may take, you need to make clear to them that employing a private car parking company that makes a majority of its income from the issuing of parking tickets and possibly also operates a self ticketing system where certain people are rewarded for issuing tickets is anything but reasonable, also if its these, then there are a few serious issues here http://ethicsgroup.co.uk/services/ticket-uploader/


Again please read the newbies thread for ideas on a POPLA challenge, however you also need to provide the details of your lease, so that everyone knows exactly where you stand in relation to all of this.

If you lease is clear, then your response to the management company needs to be beefed up a little

While parking my car in my designated space I have been given two tickets by Ethical Parking Management for not displaying my permit.
I demand that these charges are cancelled. As stated in my lease I have permission to park my car in this space.
CBC EP42*** & EP42***

Dear management company, As outlined in my lease I have a designated parking space, however your agents Ethical parking have issued two tickets for a non display of a permit.
After carrying out some research into private parking companies I am shocked an horrified by what I have discovered.
The imposition of a private parking company, which obtains a majority of its income from ticketing vehicles is completely unreasonable, as is the running of a private business on my designated space.
As such I am giving you 5 working days to contact your agents, ethical parking to cancel the tickets issued so far, so that I will suffer no more wasted time and expenses as a result of your actions.
should you continue to allow this matter to progress towards POPLA then I shall have no other option that to consider charging you, as principal £19 per hour in dealing with this issue.
I have also returned the permit(s) as I will no longer be partaking in the permit scheme,as previously the permit was only displayed as a courtesy to the car Park attendant.
I am also withdrawing any right of implied access to the parking space for the purposes if issuing parking charge notices by with yourselves, or your agents.


However all that depends on your lease, what does it say???

The_Deep

If your lease/AST grants you "quiet enjoyment" of your pesidence, then the PPC/MA may well be in breach of the Landlords and Tenants Acts, a criminal offence.

You might like to draw this to the attention of the Managing Agents.