Moved Home - Parking Charge Outside House

sam.p.12

Hi,

I've read the newbie section and would like to ask a few questions for the 'Parking Charge' letter I have received.

History:
# Recently moved into house, was previously living with parents
# Vehicle is still registered at parents address
# New house is managed by a management company where which (I believe) employs UKPC to control the streets in the area
# Did not receive a windscreen ticket, letter was posted to parents house
# UKPC state the breach of T&Cs book place on 07/01/17 at 22:15, however, letter is dated 12/01/17

Outside our house we have allocated parking spaces which is marked, as you enter the house there is payed stones of a different colour when compared to the allocated parking space. For the last two months we have been parking on both the allocated parking space and the payed stone which leads to the house.

The area which I parked with is only in front of the house and is actually allocated for electric car charging. I know this as there is a electric car charging point. As you enter the space from the road it ends into a cupboard which houses rubbish bins. The area which I parked for does not have any signs which state you are not permitted to park nor does it say the space is only for electric vehicles. When you park in the space you are not obstructing anybody or causing any harm. I had only parked there for 10 minutes as my home car allocated space was full and thought that the ground is the same material and colour as outside my house, which would be ok.

I feel that the job of the UKPC is to protect the residents and to stop unauthorised parking. I feel that as a owner of a home which pays for the management fees, in turn paying for UKPC to operate in the area I should not be penalised.

I have read a number of posts which say the letter can be ignored, including the debt collector letter. My parents are elderly and I don't want them to receive a knock on their door from a person requesting money or asking for me.

Based on the above should I change the template appeal letter from the newbie section?

Thanks.

Half_way

I have read a number of posts which say the letter can be ignored, including the debt collector letter.

What posts have you read that have advised you to ignore? Are you in Scotland?

very important check your lease/rental / AST what does it say with regards to parking, what were you told when you moved in about parking?

sam.p.12

Hi,

This thread in the first few posts that they can be ignored: forums.moneysavingexpert.com/showthread.php?t=3981683

I'm based just outside London.

I was told I could park in the allocated spaces. I point of the UKPC is to stop unauthorised parking, however, I have not caused any harm, only parked for a few minutes and I'm a resident paying for them to operate in the area.

fisherjim

sam.p.12 wrote: »

Hi,

This thread in the first few posts that they can be ignored: forums.moneysavingexpert.com/showthread.php?t=3981683

I'm based just outside London.

I was told I could park in the allocated spaces. I point of the UKPC is to stop unauthorised parking, however, I have not caused any harm, only parked for a few minutes and I'm a resident paying for them to operate in the area.

That Thread is dated 2012 there have been a lot of changes since then, now you should not ignore.

You are not paying them directly to operate in your area they get their filthy cash from victimising people like you through these bogus charges.

As Half_way says what does your lease say about parking.

Half_way

Your lease is absolutely critical, also of use are any other documents you may have related to the property and parking, google Homeguard vs Jopson for starters to see just where this could go

As before your lease is critical, even if it says nothing about parking it may be useful, if things play out the right way then the boot will be on the other foot so to speak, and UKPC should be afraid of you.

Also if your lease is clear and everything is good to go, it will be highly likely that your neighbours would be in the same situation, and combined you could make it very uncomfortable and unpleasant for UKPC to be present in your neighbourhood

safarmuk

This is coming up again and again. The experts on here will tell you how to deal with your PCN in terms of appeals etc. and the Newbies thread also spells it out - worth a read..

However before that happens this is what I would advise from experience is to try to deal with this via your Management Agent and Freeholder. So:
1) Check your lease, you are looking for terms like "... right to exclusive use of Parking Space for the purpose of parking a car ...", "... shall peaceably hold and enjoy the premises ...", "... pass and re-pass at all times and for all purposes of access to and egress from the premises ...". Also check for any specific clauses around having to display a permit and any specific clauses about where you can't park
2) Assuming the lease checks out OK, speak to the Management Agent, establish that they engaged UKPC, for what reason and ask them to cancel the PCN's
3) If they don't escalate this to whomever employs the MA (this must be the freeholder of any common areas or all the land if you are in leasehold houses or flats)

You need to explain to the MA and the Freeholder what is happening, how it is grossly unfair, probably not what they anticipated when they setup the scheme. Be prepared for a 'not our problem' from the MA unfortunately (hopefully not) and quote your lease if necessary. Start with the MA then escalate to the Freeholder.

Speak to other people in the estate and make sure they are aware of the pitfalls of this scheme and maybe get a collective complaint?

Ultimately you wont be paying UKPC anything via your management fees, they will do the scheme for free with the aim of making their money from PCN's - including you.

One thing I would note, that you should mention to the MA, is that the ticket was at 22:15 - what an earth is a reasonable PPC looking to deter at 22:15 at the height of winter? Commuters - no. Shoppers - no.

Another point worth checking out and others might have more info on this is given you had no windscreen ticket - is some kind of resident reporting/self ticketing going on here?

if you find out all the data above then we can go from there and suggest a strategy to take to the MA and/or Freeholder. It's not easy to fix all this but it can be done - I know from experience. But the first port of call is establishing your lease position.

The_Deep

Some reading


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

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html


https://forums.moneysavingexpert.com/discussion/comment/71954785#Comment_71954785

sam.p.12

Hi,

These are the snippets from the lease we signed when we purchased the house. The lease is signed with the MA which look after the roads and area.

Thanks,

h t t p s : //postimg.org/image/sf0koq9rr/
h t t p s : //postimg.org/image/81y29bqzz/

Parking Sign:
h t t p s://postimg.org/image/rm2prmalf/

Few items to note here:
# No one in my street displays a parking ticket we have not been provide one from the MA
# We have marked bays outside our house (call it a driveway)

Just noticed that I have 14 days... I will take the above points mention by the member and reply back.

fisherjim

Nothing about displaying a permit in the lease then:

https://postimg.org/image/sf0koq9rr/

https://postimg.org/image/81y29bqzz/

https://postimg.org/image/rm2prmalf

safarmuk

Some standard clauses - especially the first come first served visitor clause (although the 24 hour restriction is one I have not seen before)
.
However the reference to "Estate Regulations" and "restrictions contained herein" needs to be investigated further as to what they entail. Do you know what they refer to?

Also is your house a Freehold house or a Leasehold house and have you only ever been ticketed when you parked somewhere other than your allocated bay?
I.E. in all your time at the house when parking in your allocated bay without a permit have you ever been ticketed?

sam.p.12

Its a fairly large document I will have to have a good read through and try make sense of it.

House is a freehold.

I have only been here for the last 2 months and have never been ticked if I'm parked in my allocated bay. However, I also park next to the allocated bay which is ground has a different material, the same material which I parked in when I received the ticket.

"I.E. in all your time at the house when parking in your allocated bay without a permit have you ever been ticketed?" Nope.

Thanks,