Parking Ticket in my own space!

bod1467

What's to stop the parking company having a whitelist of known residents' vehicles?

Oh, I know ... they wouldn't be able to scam the residents then.

SubEffect

Actually, there were no signs when we moved in. I have photographic evidence of this.

They were put up several weeks (if not months) later and as we park inside a fob controlled gated car park with the signs placed on the other end of the car park we didn't notice them.

It's not my duty to look for and read every little sign that is put up when none of this is a. in our contract or b. communicated to us in any other way.

In my opinion it is the duty of the car parking company to communicate this and confirm that people have the information and agree to it. If you rented a house and were parking on the street and weeks after you'd moved in the parking rules on the street were changed by a private company I'm sure you wouldn't just agree to it. Would you?

AdrianC

SubEffect wrote: »

Actually, there were no signs when we moved in. I have photographic evidence of this.

They were put up several weeks (if not months) later

That was before you were ticketed? How long before?

It's not my duty to look for and read every little sign that is put up

I'd have said that, yes, it was.

In my opinion it is the duty of the car parking company to communicate this

Perhaps by putting signs up?

If you rented a house and were parking on the street and weeks after you'd moved in the parking rules on the street were changed by a private company I'm sure you wouldn't just agree to it. Would you?

If it was a private road, then the situation would be perfectly analogous, yes. If it was the public road, then the situation would be that the local authority changed or introduced the parking restrictions.

bod1467

Adrian ... you really just don't get it, do you?

OP has NO CONTRACT with the parking company! OP has the right to quiet enjoyment of their property, including the parking space. Their lease trumps any rules made up by another business trying to operate on OP's property.

Would you be happy for a burger stall to set up in your garden/on your drive to run a business? What the car parking company is doing is no different.

AdrianC

bod1467 wrote: »

Adrian ... you really just don't get it, do you?

One of us does.

OP has NO CONTRACT with the parking company!

The OP has a contract with their landlord who has a contract with the freeholder who has a contract with the management company who have a contract with the parking company.

OP has the right to quiet enjoyment of their property, including the parking space.

Which is precisely what the parking enforcement is intended to allow. It was a simple matter for the OP to display the parking permit which they acknowledge they had in their possession. It is a less simple matter for the OP to use a parking space that is already occupied by another vehicle.

But let's define "the OP's property", shall we?
The parking space is clearly NOT "the OP's property". The OP has permission to use the parking space, subject to various terms and conditions imposed by the freeholder and/or their appointed agent(s).

Would you be happy for a burger stall to set up in your garden/on your drive to run a business? What the car parking company is doing is no different.

Actually, it's massively different, since I own my land freehold, as does the person who has employed the parking company to restrict - as far as the law allows - those burger stall operators from doing precisely that.

Still, since your signature proudly proclaims that you support anybody being able to park on other people's private land without fear of consequences, and that you are proud of trying to help them avoid the very few and tightly restricted legal consequences, I can only assume that you would similarly support the owner of that burger van if they set up in your own freehold garden?

dazster

AdrianC's gullibility is touching. He is clearly unaware that a lot of parking schemes are set up simply as a money-making scam where there is no parking problem in the first place, and that on residential sites the management company often gets a kickback from the parking company for every ticket paid.

Indeed, there are even sites where the management company and the parking company are under the same ownership and are scamming the residents for every penny they can extort.

Property management companies and private parking companies: two sides of the same coin.

AdrianC

dazster wrote: »

He is clearly unaware that a lot of parking schemes are set up simply as a money-making scam

"Scam" iyho, of course. But perhaps you'd be so kind as to name me one single private-sector company which wasn't set up primarily to make money...?

Property management companies and private parking companies: two sides of the same coin.

Correct. They are. Both exist to allow people to pay other people to do a job they'd otherwise be doing themselves. Just like, well, almost every other company.

bod1467

AdrianC wrote: »

The OP has a contract with their landlord <snipped rest of irrelevant comment>

That contract (lease) the OP has is a legal, binding document. Any supplementary contract with another party does NOT supersede this contract, unless the lease expressly allows it. As far as I can determine this does NOT apply in the OP's case.

bod1467

AdrianC wrote: »

Still, since your signature proudly proclaims that you support anybody being able to park on other people's private land without fear of consequences...

Ant there you have proven that you fail to understand. In the Parking sub-forum we expressly state that we do NOT support or approve of people doing this; we are simply against the profiteering that PPCs engage in at the expense of largely innocent motorists. (Note I say profiteering, not make a profit ... they are distinctly different things).

hoohoo

bod1467 wrote: »

Ant there you have proven that you fail to understand. In the Parking sub-forum we expressly state that we do NOT support or approve of people doing this; we are simply against the profiteering that PPCs engage in at the expense of largely innocent motorists. (Note I say profiteering, not make a profit ... there are distinctly different things).

Bod, not sure why you are arguing with uber-legal-brain AdrianC.

He is obviously far better informed than you or me...or the large number of judges who have ruled that parking charges are not enforceable against residents...


...including this one http://parking-prankster.blogspot.co.uk/2016/04/pcm-uk-signage-does-not-create-contract.html