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PCM Ticket whilst parked outside a friends house visiting, do i pay?

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Comments

  • safarmuk
    safarmuk Posts: 648 Forumite
    Absolutely this comes down to the lease. Whenever a PPC swoops in after the event it is highly likely that the "contracts" they try to impose via signage is non-applicable to residents and their genuine visitors simply because those residents had rights before the PPC arrived and haven't agreed to change those rights. No 3rd party can come along and change an existing contract just because they want to.

    I am dealing with this extensively at another site.

    Your girlfriend should speak to her landlord and have him check his lease and speak to the Management Agent. If they want to implement a parking scheme they must do it in such a way that the residents rights remain protected and this could be in the form of the Management Agent agrees to cancel tickets such as yours. Have your girlfriend mention to her landlord that she is a good tenant and did not agree when she signed an AST to not only pay rent but to incur £100 invoices to park where she is entitled to. Obviously start nicely, you need him/her on your side!

    The quickest way to deal with this is to get it cancelled via whomever contracted the PPC and have them make an agreement in future to cancel all resident tickets to avoid these situations.
  • infernouk
    infernouk Posts: 166 Forumite
    edited 1 February 2017 at 1:17PM
    safarmuk wrote: »
    Absolutely this comes down to the lease. Whenever a PPC swoops in after the event it is highly likely that the "contracts" they try to impose via signage is non-applicable to residents and their genuine visitors simply because those residents had rights before the PPC arrived and haven't agreed to change those rights. No 3rd party can come along and change an existing contract just because they want to.

    I am dealing with this extensively at another site.

    Your girlfriend should speak to her landlord and have him check his lease and speak to the Management Agent. If they want to implement a parking scheme they must do it in such a way that the residents rights remain protected and this could be in the form of the Management Agent agrees to cancel tickets such as yours. Have your girlfriend mention to her landlord that she is a good tenant and did not agree when she signed an AST to not only pay rent but to incur £100 invoices to park where she is entitled to. Obviously start nicely, you need him/her on your side!

    The quickest way to deal with this is to get it cancelled via whomever contracted the PPC and have them make an agreement in future to cancel all resident tickets to avoid these situations.

    I appreciate your feedback, however the issue is that the house is let to students, the estate agents are very very dodgey and condone a large amount of illegal activity on the local house estate area, I cannot count on them to provide any support in this matter and i expect they are firmly in coordination with the PCM as they control the letting of the majority of property in the parking scheme area and issue the permits on behalf of PCM. All i have is the tenancy agreement (is this not the same as the lease?) which i can post a redacted version of here, but it makes no reference to parking.

    The parking enforcement has been here a few years and my girlfriend had lived there for only 3 weeks until this incident happened so it was in place when she signed the tenancy agreement, not that the agreement refers to the scheme, but it wasnt bought in after she signed...

    I appreciate your plan of action makes sense with reasonable parties involved but this unfortunately isn't the case here
  • safarmuk
    safarmuk Posts: 648 Forumite
    edited 1 February 2017 at 2:03PM
    "... the estate agents are very, very, dodgy and condone a large amount of illegal activity ..."

    Have you spoken to the police??! I would ask who the estate agents are but I am not sure I want to know.

    Anyway, the estate agents cannot implement a parking scheme. They neither manage nor own the land. They just rent a house out on behalf of the owner. You need to look into this a little bit deeper and ultimately try to find out who the actual owner is.

    Sounds to me like you are implying there is an estate agent who runs the local areas like some kind of old school mafioso style organisation ...

    Failing all of the above as this is an IPC member you will need to go through the initial sham appeal process to the PPC, not bother with the IAS, receive lots of hysterical debt recovery and solicitors letters until either this times out (6 years) or Gladstones decide to actually file - via a Letter Before Claim - what will likely be a pretty poor claim against you that you will have to defend - with help from people here.
  • infernouk
    infernouk Posts: 166 Forumite
    safarmuk wrote: »
    "... the estate agents are very, very, dodgy and condone a large amount of illegal activity ..."

    Have you spoken to the police??! I would ask who the estate agents are but I am not sure I want to know.

    Anyway, the estate agents cannot implement a parking scheme. They neither manage nor own the land. They just rent a house out on behalf of the owner. You need to look into this a little bit deeper and ultimately try to find out who the actual owner is.

    Sounds to me like you are implying there is an estate agent who run the local areas like some kind of old school !!!!! organisation ...

    Failing all of the above as this is an IPC member you will need to go through the initial sham appeal process to the PPC, not bother with IPC, receive lots of hysterical debt recovery and solicitors letters until either this times out (6 years) or Gladstones decide to file what will likely be a pretty poor claim against you that you will have to defend - with help from people here.

    id rather not get involved with police and issues bigger than i need to deal with, i just want this case against me settled. The houses are owned by legitimate people, but the entire area is bought up by landlords who never visit and entrust this estate agent with everything to do with the property, the estate agents are pretty rude and aggressive in the past when we've tried things like getting heating fixed, si id rather not deal with them.

    If you check the thread ive been through all that stuff and i have the letter before claim from gladstones already and am posting response to day expecting them to file a claim.
  • safarmuk
    safarmuk Posts: 648 Forumite
    Yes, sorry I forgot you were at LBC (muddled up threads).

    So given the above and the fact you can't get hold of the actual landlord or get visibility of the actual lease or find out who the Management Agent is or converse reasonably with your g/f Estate Agents ... your only choice is to do as C-M advises and eventually defend it in the SCC in the way you are planning to.

    I really feel for you here as Residential Parking scams are bang out of order quite frankly and just show PPCs up for what they truly are. Once you beat them in SCC with the help of people like C-M just make sure you pass the word around about how bad this is, hopefully eventually someone might wake up, take notice and do something about it.
  • infernouk
    infernouk Posts: 166 Forumite
    safarmuk wrote: »
    Yes, sorry I forgot you were at LBC (muddled up threads).

    So given the above and the fact you can't get hold of the actual landlord or get visibility of the actual lease or find out who the Management Agent is or converse reasonably with your g/f Estate Agents ... your only choice is to do as C-M advises and eventually defend it in the SCC in the way you are planning to.

    I really feel for you here as Residential Parking scams are bang out of order quite frankly and just show PPCs up for what they truly are. Once you beat them in SCC with the help of people like C-M just make sure you pass the word around about how bad this is, hopefully eventually someone might wake up, take notice and do something about it.

    yeah honestly it feels like a money printing trap, go on google maps and this whole area was free parking everywhere a few years back, now if i cant get hold of a permit as others ion the house are using it i have to park 10mins away even if there is space outside the front door. Its insane.
  • safarmuk
    safarmuk Posts: 648 Forumite
    It is and I really feel for you - I am in the process of helping residents in my estate get money back who were given a PCN in their own allocated bay. It's ludicrous.

    I had a thought about finding out who the landlord is - your g/f's AST should have his name and address on it ... from there you can write a letter ... he might contact the Estate Agent - can't guarantee he won't so it's up to you ...
  • infernouk
    infernouk Posts: 166 Forumite
    just a quick one guys, what even is gladstones address to send this response to? letter says The Terrace, High Legh Park but google says The Stables, Red Crow Yard?
  • infernouk
    infernouk Posts: 166 Forumite
    edited 10 February 2017 at 1:27PM
    Hi all, i just received their response to my LBC letter. Does the following change anything / have any valid points? Still no paying and proceed to fighting the claim? I feel they glossed over a lot of what i asked in my latter and are hinging everything off this parking eye bevis case

    WCApyGhl.jpg
    http://imgur.com/WCApyGh

    sVNiIuvl.jpg
    http://imgur.com/sVNiIuv
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