UKPC - Parking ticket in own bay

donclerizo

Hello, i received a ticket from UKPC for parking in my own parking slot in my residence community in March 2016. As per my tenancy agreement there is a parking slot provision(doesnt mention the parking bay number) for my apartment. My sister had come over and parked her car in my parking bay, as I dont own a car, and the next day we found the parking ticket on the car. There is UKPC parking permit display and that it is a private land, by my understanding is as I am a resident and have a parking bay allocated to me, i am not liable to pay a parking charge for use of my parking bay(we had not displayed the parking permit).

I read through the forums and appealed to UKPC website, and then they reduced the parking charge from 60 to 15. I still contested the claim to which they mentioned about POPLA appeal. I missed on that one, and I had forgotten about it when i received a letter from DRP for 160 quid.
I had also written to my estate agent, who seems to be keen to wash his hands of the situation.
I also wrote to RMG the property management agents/company and they mention the following -
[FONT=&quot]The Lease for the properties (between the Leaseholder, Management Company and Freeholder) contains clauses and covenants and 1 of the clauses stated within the Lease is the following:[/FONT] [FONT=&quot] Tenant’s further covenants:[/FONT]
[FONT=&quot]4.1 Restrictions[/FONT]
[FONT=&quot]2At all times during the term to perform and observe the stipulations and restrictions set out in Schedule D and any other stipulations and restrictions as the Manager shall reasonably decide”[/FONT]
[FONT=&quot]Therefore, the Management Company has the right to implement new restrictions where is deems reasonably and this includes the parking control. Therefore, the ticket is a valid.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]While i am of the view that(as read in the forum and googling)- [/FONT]
My deeds to the property mention nothing about needing to display any sort of permit. This means that i the tenant, have a right to enjoy my parking space. I have no obligation to display any sort of permit, and certainly don’t have to pay for any sort of parking ‘fine’. My tenancy deeds override any contract RMG(here management company) may have with UKPC(here parking company).

I need advice on my next course of action, as where the parking ticket is issued to someone you have allowed to use your space (e.g. a friend or other visitor), the same arguments apply: you own the space and you alone can determine who parks in your space and on what terms.

Please help and advice on what I should be doing?

Many Thanks.

DoaM

Just search for any of the many own bay threads here. The advice to you will be exactly the same.

The MA allowing a private company to operate a profit making business on your land in breach of your quiet enjoyment is not reasonable. They could very easily setup a whitelist of allowed vehicles, but the PPC won't as it limits their profit making potential.

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

donclerizo

Thanks for the response. Much appreciated. I also thought so, but being new here it was quite daunting and reading through the various threads I did have the logical thought of it being all a sham.
I will send out a stern email to the MA and my estate agent and then ignore the rest.
I suppose that should work.

The_Deep

There is nothing reasonable about appointing UKPC to prey on residents, read this

• 
  UKPC are former clampers who have been involved in quite a number of sordid scams, for example
  
  Hull Trading Standards took them to court on 15 counts of fraud. UKPC won all but one, but only because they had a better lawyer, a Q.C. If I recall correctly
  
  http://forums.pepipoo.com/index.php?showtopic=63597
• 
  They were bested by a Winchester barrister
  http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**
  
  They were involved in a large scale scam which resulted in a DVLA suspension
  
  http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html
  
  They are in trouble in court
  
  http://parking-prankster.blogspot.co.uk/search?updated-min=2016-01-01T00:00:00-08:00&updated-max=2017-01-01T00:00:00-08:00&max-results=50
  
  as was Home Guard
  
  https://forums.moneysavingexpert.com/discussion/5511509
  
  And then of course there was Tracey Kiss
  
  http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/

• .

Half_way

You need to come down like a ton of bricks on the management company for this mess.

donclerizo

Thanks for the advice and support folks. Post my stern mail to the RMG - MA, received the below response -
[FONT=&quot]I have previously advised that the Lease between your Landlord and the Management Company allows for new restrictions to be implemented in which all tenants/Landlords must observe. This is the direct agreement which was signed by your Landlord when they purchased the property and is the legal document. I can also advise that the parking space is not owned by your Landlords as per the terms of the Lease. Flat 140 only has exclusive rights to use the parking space but the land is communal/managed land. Therefore, the parking control is permitted on all parking spaces at the development.[/FONT][FONT=&quot] Any decision about chasing for payment is that off UKPC as RMG are not involved in this.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot][/FONT]Does the above information change my position? His last sentence of UKPC only being involved and RMG provides clues i think. Any advice here?
Thanks, Rahul

The_Deep

Not at all. Your AST will almost certainly grant you "peaceful enjoyment" of your property. The PPC is interfering with that right in cahoots with the MA. This may well be an offence under the Landlord and Tenants Act.

UKPC are not a fit company to manage private residential parking. Print off some of the bad stuff and suggest to the MA that they find a more reputable contactor.

Have you involved your landlord in this? Is this happened to one of my tenants, I would be very pro-active.

leeda84

RMG are bloody useless managing agents so not a great combination - muppets contracting muppets.

Therefore, the Management Company has the right to implement new restrictions where is deems reasonably and this includes the parking control.

Yes, it is reasonable to enforce parking on the development, BUT is it NOT reasonable to enforce these charges on an allocated residents parking space which was currently in use by the resident or their visitor.

Who is the freeholder of the land?

I would fire another email back to RMG asking why they brought the parking enforcement in? Also ask why they won't cancel the charge for a genuine resident by logging on to the portal and clicking a few buttons? What do they get out of not cancelling it apart from p*ssing off the residents they are being paid to "assist"? I'd imagine they receive the usual 10% per PCN paid like most UKPC contracts - residents pay enough to RMG in service charges without them trying to claw some more money from you in this underhanded way. I also wonder if RMG account for this extra pocket money in its yearly disclosable breakdown of service charges?

donclerizo

@thedeep: I am only in connect with the letting agents - Romans and not with the landlord. I had written to romans but they had washed their hands off this, mentioning they cannot interfere or do anything.
I am again re-thinking of writing another mail, sterner this time, to them and see what happens.

@Leeds84: i will certaintly write back to RMG taking your advice.

I wonder how many new people like me are duped into this multi-million scheme by UKPC and others.
Thanks a ton again for te advice and support.
Cheers, Rahul

The_Deep

I know Romans well, I have taken them to Trading Standards and the Property Ombudsman. Send them a letter addressed to your landlord. They are legally bound to forward it to him/her