UKPC Residents parking notice

Jeff39

HI All,

I'm after a little advice here.

I live in a block of flats patrolled by UKPC (about once a day) where each resident is issued with a parking permit and 1 allocated space. There are no visitors spaces at this residence.

I returned home one evening (approx 9pm) to find someone had parked in my space. I got out, photographed their car clearly showing the parking space number and their registration as well as the lack of permit in their screen.

I then parked the car I was driving off to the side of the car park, but outside a designated space.

I waited until 11pm that evening, by which time the car in my space had not moved. I put a note in the windscreen of my car stating that I had not been able to park in my own space with the reg of the offending vehicle. My own permit was clearly displayed in the window.

I awoke the next morning, saw the other car had now gone and went to move my car back into it's space to find I had a parking charge notice on my screen.

I then made the error of appealing the decision on the UKPC site, thinking that common sense would prevail.

In the meantime I also contacted the property management company who felt I had been incorrectly ticketed as there were mitigating circumstances preventing me from parking.

I had my appeal rejected by UKPC in January and again raised the issue with the management company who went directly to UKPC to ask for the ticket to be cancelled.

They have come back to me and said they have been unsuccessful as UKPC are sticking to the fact that it was clearly signposted not to park outside designated bays.

By the signs in the car park, I have not parked in accordance to their guidelines, however feel that as UKPC have not prevented another person parking in my space, where was I supposed to park?

I can't use the POPLA appeals process as I am arguing mitigating circumstances, question is, do I just swallow the £60 fine, or have I got a chance going to court and arguing mitigating circumstances that prevented me from parking were the fact UKPC were unable to reserve the space that belongs to me and that I pay my yearly management charge for?

Any advice would be much appreciated.

Half_way

Do not pay.
Important: what does your lease/rental say about parking? Things could get very difficult for the management company

The_Deep

What does your lease/AST say about parkinh, specific wording please?

Does you lease/AST mention "quiet enjoyment? 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


Play your cards right and they could be paying you for their hubris

Fruitcake

It is not a fine.

Of course you can use PoPLA. There are several template appeal points in post 3 of the NEWBIES thread, so you should use as many as possible.

Meanwhile, please tell us what your lease/tenancy agreement says about parking and read the information quoted for you by The Deep.

What did the landowner say when you complained to them that the MA have brought in parking scammers who are not managing the car park on behalf of the residents, but are instead targeting genuine residents?

Jeff39

Thanks for the replies.

I will get out the leaseholder information tonight and have a look.

I'm pretty sure it says I have an allocated space and am not authorised to park elsewhere in the carpark.

I have however owned the flat since the development was built and know that the parking company was implemented 3 years after the development was built and I took residence.

The links above seem to suggest that if I was parked in my own space I would be OK, however because I was parked in the 'communal area' I wonder if this would be different. The article that talks about the wording of the sign, if it 'forbids' all parking is an interesting one and I will check to see if that is the case.

As for POPLA, the reason I thought not to use them is that on the POPLA website it says that they cannot rule on mitigating circumstances (IE, my own space was unavailable) and can only refer to the charge issuer, which if they have already rejected your appeal is likely to be rejected again.

Fruitcake

Jeff39 wrote: »

Thanks for the replies.

I will get out the leaseholder information tonight and have a look.

I'm pretty sure it says I have an allocated space and am not authorised to park elsewhere in the carpark.

I have however owned the flat since the development was built and know that the parking company was implemented 3 years after the development was built and I took residence.

The links above seem to suggest that if I was parked in my own space I would be OK, however because I was parked in the 'communal area' I wonder if this would be different. The article that talks about the wording of the sign, if it 'forbids' all parking is an interesting one and I will check to see if that is the case.

As for POPLA, the reason I thought not to use them is that on the POPLA website it says that they cannot rule on mitigating circumstances (IE, my own space was unavailable) and can only refer to the charge issuer, which if they have already rejected your appeal is likely to be rejected again.[/QUOTE]

You won't be using mitigating circumstances, you will be using points of law such as, not the landowner, no standing to issue charges in their own name, inadequate signage, non POFA 2012 compliant NTK (as long as you haven't revealed who was driving) and lease trumps scammers terms to name but a few.

Jeff39

Information from the Lease:

The exclusive right to park one private motor vehicle on the parking space (or each of the spaces as the case may be) tinted green on plan 1 or as allocated by the lessor or the management company in writing from time to time.

Not to do or suffer anything which might hinder or prevent free access to the entrance doors of the building and in particular not to park or allow the parking of any motor vehicles on the communal area or any other part of the estate except on the parking space.

So as far as I can see here, there is no authorisation for parking control or any wording that allows it to be brought in at a later date, however it does explicitly state that parking must be within the assigned space.

It does not provision for what to do if you are unable to park in your own space due to it being blocked for any reason.

The UKPC signs in the car park read:

No unauthorised parking

Terms of parking valid at all times

This land is private property and parking control is managed by UK Parking Control ltd

Failure to comply with the following at any time will result in a £100 parking charge (reduced to £60 if paid within 14 days) being issued to the vehicles driver

** Diagram showing an drawing of a numbered bay** Must be parked within designated bay with a valid parking permit displayed.

In the event that a parking charge remains unpaid, UK parking control ltd may contact the DVLA and request the registered keepers details.

Unpaid parking charges will be passed to our debt recovery agent at which point and additional charge of £60 will apply.

The_Deep

UKPC are now asking people to send them a copy of their lease. Tell them there will be an "administration charge" of £10 for this.

The_Slithy_Tove

Of course the OP could ask the DVLA (paper form) for the details of the keeper of the car that had parked in their space, and then pursue the driver for trespass, Amount claimed would be the amount they (allegedly) should pay UKPC, i.e. their loss.

Jeff39

Good morning all,

I have sent the following list to the property management company this morning to see what they come back with.

1) Statement from the landowner stating I had permission to park

2) Statement from the landowner if they felt the ticket was not correctly issued

3) Statement from the landowner on their advice on what to do if your parking space has been parked in by a non resident

4) Confirmation that UKPC have full and comprehensive right to ticket my car

5) Confirmation that UKPC have a full, valid contract with mainstay and the residents of the property to operate a parking charge service

6) Confirmation on the wording of the contract with UKPC, are they:

a) Employed to police the correct use of space

b) Employed to ensure that permit holders have a right to their space (as per the lease agreement)

c) Mechanism for cancelling tickets on behalf of the landowner

7) Confirmation that my lease (September 2011) has no mention of penalty for incorrect parking

8) Confirmation that they had the property managements full consent to erect parking signs in the car park

9) Confirmation that the exact wording of their signs was agreed with Mainstay when the contract was signed, In particular, their signage states 'No Unauthorised Parking' - Definition is required on who Authorises the parking

10) Confirmation that all leaseholders of the property were consulted in the implementation of the parking scheme and the specific clause in the lease (dated from September 2011 when I took residence) that there was a mechanism in place to implement a parking patrol company on the property (page number, clause number)

The_Deep

The_Slithy_Tove wrote: »

Of course the OP could ask the DVLA (paper form) for the details of the keeper of the car that had parked in their space, and then pursue the driver for trespass, Amount claimed would be the amount they (allegedly) should pay UKPC, i.e. their loss.

I thought of that years ago when one of my spaces in town awas constantly being usurped, but the DVLA said that it could take up to six weeks to reply, and the RK would ptobably deny that he/she was the driver.

I decided that it was more effective to leave a polite note on the windscreen with a picture of a calthrop


https://images-na.ssl-images-amazon.com/images/I/51j1UrxxoML._SY300_.jpg