Help needed for 2 tickets

The_Griffalo

Hi everyone. I need advice on 2 tickets that have been received recently, and on fighting them. Firstly, this is a residential area, no parking machines or costs involved, just permit parking (of which a permit was displayed at all times).

The first ticket received was while the usual car was in for repairs following an accident. A courtesy car from the company was given which had the company name and contact number on the side. This car was given a ticket as apparently the car counted as a 'commercial vehicle'. Both the permit and a printed sign stating 'This is a courtesy car, not a commercial vehicle' was placed on the dashboard, or which there are photos.

The second ticket was a few days later. Due to the accident there was damage to back and ankle. The residential place has roughly 90 permit parking spaces for several hundred properties, perhaps around 500-600. After a specialist appointment for the injuries the car arrived home quite late, by which time all permit spaces were taken. Phone calls to both the management agents and the PPC were made to ask them if there was any alternative parking nearby that could be use; both companies simply said they couldn't help as they have no interest outside the development. The nearest car park (and a pay and display at that) was around a mile away. The car was therefore parked where there was not a bay but no yellow hatching either, and therefore received a ticket for not parking in a bay.

Many thanks in advance

Redx

the NEWBIES sticky thread tells you how to appeal these tickets, although you should not get your hopes up as parking companies routinely turn down appeals

plus there are dozens if not hundreds of similar threads to yours on here about residential parking and use of permits etc , some are the same parking company as yours , so find any posted over the last 12 months and follow the same advice

check your lease/ast or whatever paperwork you have to see what it says (if anything) about parking matters , because it overrides any parking agreement

also read about OVERSTONE and JOPSON and any other court cases that are of a similar nature (parking prankster has blogged about several)

and read the case about the reality star that won against VCS in Liverpool regarding her "own space" issues

this may well come down to paperwok and contracts and evidence on paper, so until forum members know what your lease/ast says then its almost impossible to advise you

but as I said, these scenarios have happened dozens of times previously, with several ongoing threads about members against MA and parking companies , it is those you should read , after using the template and appealed each INVOICE separately

so its not always pay and display or retail parks or hospitals or supermarkets on here, ressidential parking features a lot , regularly , every month

The_Deep

This is a scam, often encouraged by greedy/stupid managing agents.

What does your lease/AST say about parking, exact words please? Does it mention the need for a permit?

Read these

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

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

https://bmpa.zendesk.com/hc/en-us/articles/213077149-Jopson-v-Homeguard-2016-

Half_way

in Residential cases your lease is key, infact it is critical.
forget about the parking company, what rights does your lease give you to the parking space? the lease will override anything that a property management company will try and put in place.
After all that then ask yourself why am i displaying a permit.

As for Commercial vehicles, whats the definition, the vehicle you had was not commercial as it was a loan vehicle for your own personal use, by using the same logic any vehicle purchased on credit/finance is a commercial vehicle as it will ( partialy) belong to a credit/finance company until it has been paid off, likewise for company/fleet cars.

Please respond with details of the property lease, including anything on parking, and any so called catch all clause.
in most cases there can be a clause along the lines of "the management company will install any reasonable measures to ensure the smooth running of the estate"
The imposition of a PPC is not a reasonable measure and is far removed from anything even resembling reasonable.

Also this could be a residential site that uses self ticketing, this is where a nominated person, probably another resident is armed with a camera/smart phone app and a book of tickets, this person then will go and place tickets on vehicles for the PPC and take a photo to send to the PPC. After a while the victim will get the usual PPC stuff in the post, and if they pay up the nominated person will get a (typically ) £10 payback


Again check your lease, this will probably put you in a very strong position and could even open up the possibility of raising a data protection act breach case against the parking company and the management company.

Quick question, who/what is the management company?

Now go and check the lease

The_Griffalo

1.11 - "The right in common with all other entitled thereto from time to time to park one domestic private motor vehicle only on the estate in any free parking space other than those specifically allocated or to be allocated"

I am not particularly concerned about the ticket received while in the courtesy car due to the fact there are various images of the car clearly in the space with permit showing and sign advising of non-commercial use. It is the second ticket received as the car was not in a designated parking bay, however where it was parked was out of the way and in no way was obstructing any movement of persons or vehicles.

The management company is 'It's Your Place'

Quentin

You do need to edit your posts to remove all references to who parked the cars.

The ppcs do monitor this forum and can use your posts against you

Coupon-mad

The_Griffalo wrote: »

1.11 - "The right in common with all other entitled thereto from time to time to park one domestic private motor vehicle only on the estate in any free parking space other than those specifically allocated or to be allocated"

I am not particularly concerned about the ticket received while in the courtesy car due to the fact there are various images of the car clearly in the space with permit showing and sign advising of non-commercial use. It is the second ticket received as the car was not in a designated parking bay, however where it was parked was out of the way and in no way was obstructing any movement of persons or vehicles.

The management company is 'It's Your Place'

Which parking firm?

Depends on if they are a BPA or IPC member, as to which template appeal to send to the parking firm. Do not ignore the courtesy car one because after 28 days they will get the data from the DVLA of the registered keepers and will write some drivel to them (and a garage might then expect you to pay as if it's a real fine).

So you need to appeal both as explained & described in the NEWBIES thread, calling yourself the day to day keeper (NOT driver).