Two tickets in my own space

Awooll

It's tough being a NEWBIE

Half_way wrote: »

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.

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I am reluctant to return the permit, as someone said earlier this will just lead to more tickets which I will have to fight.
I need to finalise this letter today to include:

The_Deep wrote: »

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.

..but I still not feeling very confident. My partner is calling the HA to try and reason with them as they feel this is all quite extreme.

ManxRed

Bear in mind that the HA may well be on a kickback from the parking company so their advice might not necessarily be unbiased!

Guys_Dad

I still think you need to start by demanding under what right they are penalising you as your lease clearly gives you the parking space governed only by the restrictions in the clauses you posted . Your partner is doing the right thing but keep your eye on your appeal window.

Half_way

The bit about handing the permit back is to protect yourself.
Now that you know there are issues with the PPC, continuing to display a permit could be ( loosely ) argues that you are agreeing to them being there.
At the very least you should inform the management company that:
Allowing a private parking company to operate on the land, and demand money from residents is completely unreasonable
Letting them know that will counter any argument , or clause of reasonable action/measures that may exist in any agreement.

If you do not want to hand your permit in, then you need to let the management company know that you are only, or have only been displaying it as a courtesy, and that any displaying of a permit is entirely at your own discretion, as you do not accept the fact that any private parking company that makes an income from penalising people should be allowed to operate a business in your space/land/property

You should also tell the management company that you are withdrawing any implied rights of access to your property, including any car pakrig spaces in respect to the issuing of parking charge notices, or any other punitive measure.
That would serve as a strong sod off .


As previously mentioned a lot of these private parking companies opperate a so called self ticketing option, where someone can take a photo of a vehicle, upload it to a PPCs website and then when the victim pays up, the person who reported the vehicle can receive a reward, typically in the region of £10-£25 for every ticket issued and paid up.
this can be a huge incentive, especially if you have a Norris Cole type character nearby.

As for the management company they can be held liable for the actions of their agents, in this case a PPC, and as a result you cna hold the management company liable for your costs and expenses ( ie time at a maximum of £19/hour) if you do decide to go down this route, or even think about it you must let the management company and the PPc know from the start, or at the earliest opportunity, there is no point putting in a popla appeal/challenge and then at the end of it all presenting the management company with a bill.

Once you've got your head round things you will be in a position to help others living nearby.

Guys_Dad

If you hand your permit in. look forward to lots more tickets till this gets sorted out.

If the management company stick to their guns, you can argue the toss with the PPC and the appeal service. If you lose there, will the PPC take you to court? Maybe not for 1 ticket, but if they had, say, 10 (as a result of catching you without a permit you handed in), that would make it worth their while taking the chance in court.

You could display it with a note under saying "Displayed pending resolution of dispute".

So I disagree with half-way in this instance.

Half_way

As stated, one option would be to hand back the permit, although as I said above

If you do not want to hand your permit in, then you need to let the management company know that you are only, or have only been displaying it as a courtesy, and that any displaying of a permit is entirely at your own discretion, as you do not accept the fact that any private parking company that makes an income from penalising people should be allowed to operate a business in your space/land/property

Some permits also, amongst the small print on them contain such lines as remains property of XXXX and must be surrendered upon request, as well as by displaying this permit you are agreeing to the terms and conditions.

If you let them know the above ( in quotes) you are protecting yourself, if they ask for it back hand it back.

Awooll

Just about to submit my first appeal. As my partner is the registered keeper I assume I should put the appeal in their name? I was hoping to do it in my name as I am the lease holder etc.
Can I say I am the keeper? We bought the car together but only one of us can have our name on the documents.

Guys_Dad

Awooll wrote: »

Just about to submit my first appeal. As my partner is the registered keeper I assume I should put the appeal in their name? YES

I was hoping to do it in my name as I am the lease holder etc.
Can I say I am the keeper? NO - unless you claim to be the driver
We bought the car together but only one of us can have our name on the documents.

See advice above.

Coupon-mad

Do the appeal in the registered keeper's name. So much easier.

Awooll

So I now have my two POPLA codes but only one NTK.
I am working on my two POPLA appeals now but wondering how to approach the missing NTK?
The NTK I have says they don't know who the driver was so they are inviting the keeper to pay.