Residential upcoming fine should I pay?

Thinkred

Hi, I live in flats owned by a company called Mainstay with a secure gated car park which is policed by the UKPC.
We all have an alloted numbered space with a permit to be displayed in the windscreen.
On parking I noticed my neighbour had accidentally parked in my space so I parked my car in his space as they are next to each other. When I returned to my car my neighbour had left but I had a £100 parking ticket on my windscreen.
I immediately filled in their online appeals form explaining the situation, and asking for the ticket to be rescinded in light of my clearly displayed permit for the next space.
I argued that surely the spirit of their brief was to persue illegal parkers and not genuine residents with correct permits on show.
I'm certain that they will demand payment anyway so my question is: do I pay or not?
All help is greatly appreciated

The_Slithy_Tove

Having posted the same thing twice, try now pausing for breath, and reading the NEWBIES sticky thread, where you will realise you were a bit hasty in dashing off an appeal that has no merit, and will be rejected. Not that it matters. You should get an POPLA code from UKPC with the rejection, whereupon you use the information linked from the NEWBIES thread to put together a proper appeal.

Then do a search on the forum for threads involving residential/own space parking. As long as you and your neighbour are allowing you to park in each other's spaces, then it's pretty much the same as being ticketed in your own space. Good scope for a claim from you for DPA breach.

Half_way

The question you should be asking is not should i pay their demand, but have i checked my lease/rental?

Then it should be not should i pay them, but they should pay me

In virtually all cases the lease/rental/AST/freehold gives the tenant/resident certain rights, these cant be taken away by the likes of a private parking company.
If the lease is clear, then you could have had your data accessed without just cause, this is/could be a breach of the data protection act.

Lynzer on pepipoo has published some guides
read this first http://www.thebridesmother.co.uk/Media/residential-parking.pdf

Coupon-mad

Thinkred wrote: »

so my question is: do I pay or not?

I agree with the others - you are soooo asking the wrong question, why would ANYONE pay?

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

Read that and understand the issues.

Anyway you are surely going to be at POPLA stage first, once they reject your appeal, so you may as well do that first and then if you lose, this is defendable like all the other cases won at small claims court by resident defendants (a few are mentioned in that link).

POPLA stage is NOT a matter of repeating what you said before, that was not a good appeal for UKPC and will be rejected out of hand. They have no 'brief' or regard for residents, this is UKPC for goodness' sake, ex-clampers and the firm which admitted to doctoring photos (& got banned by the DVLA at the time):

http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

My question would be, why are Mainstay letting this bunch loose near your cars at all? Stop being a victim, stop agreeing to even abide by a permit scheme you DO NOT NEED. UKPC are there to issue PCNs on any old excuse and do you honestly think they are not targeting residents? Of course they are, people like you are their targeted victims.

As for POPLA, read post #3 of the NEWBIES thread which gives you the usual POPLA templates to use and/or search the forum for 'UKPC POPLA Jopson' to find one already written which uses the Jopson case. Here's one with a resident's POPLA appeal but look for more and read the NEWBIES thread as you appealed this wrongly from the outset (NO we are not telling you to pay UKPC...):

https://forums.moneysavingexpert.com/discussion/comment/72056005#Comment_72056005

You can't use the stuff about 'no keeper liability' because you've shot two toes off already by admitting you parked the car.

The_Slithy_Tove

The_Slithy_Tove wrote: »

Good scope for a claim from you for DPA breach.

On second thoughts, forget that. You appealed to the Notice to Driver, so you gave them your details voluntarily. Therefore, no DPA breach.

Blondesuzie

Hi Thinkred,

How did you get on? Is this Magdala Court by any chance? I am having a similar issue, as are a lot of others!

fisherjim

Blondesuzie wrote: »

Hi Thinkred,

How did you get on? Is this Magdala Court by any chance? I am having a similar issue, as are a lot of others!

The OP hasn't been on here since 14 February you are unlikely to get a reply.