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Help needed with ticket on the development I live

Hi, Please can someone help.

I am a freeholder in a new development where each household has their own allocated parking bays. After receiving complaints about the parking bays being abused by others rather than the owner (I know this as I was also one of the people making complaints), the developer sent a letter informing us that they had instructed the management company to instruct a private company to patrol the development and to issue parking fines for unauthorised parking along X road including footpaths and where double yellow lines are present, in order to ensure that allocated parking is retained to maximum benefits for the residents.

Because all visitor bays were occupied, we parked a car on a backyard on Y road where no double yellow lines within this development (Y road was not completed at the time when the developer informing us about regulation on X road) last month and got a ticket. The reason is that the car is not parked within the bays.

Regrettably, I had not read the post on the forum before made an appeal to the parking patrol company. Now, the appeal has been rejected for the reason that there are sufficient signs in the development that no parking outside designated bays. But I still think this does not align with the information provided by the developer.

I have three options now: pay discounted fee, appeal to POPLA, ignore it.

Before I making a decision, can anyone kindly advise:

1. Does the parking control company have any ground to send me an invoice as I am also one of the owners of this private land, although the exact location where the car parked is a piece of communal ground (and probably is still owned by the developer)?

2. As far as I understand, the parking control company has a contract with the management company rather than the developer, but the management company refused to step in. Since I have already made an appeal to the parking control company, is it still worth to complain to the developer?

Many thanks for your help and any advice for the next step.

Comments

  • safarmuk
    safarmuk Posts: 648 Forumite
    2. As far as I understand, the parking control company has a contract with the management company rather than the developer, but the management company refused to step in.

    The Management Company can step in at any point if they have engaged the PPC and have the desire to do so in my opinion.
    Since I have already made an appeal to the parking control company, is it still worth to complain to the developer?

    Yes, because:
    The developer sent a letter informing us that they had instructed the management company to instruct a private company to patrol the development and to issue parking fines for unauthorised parking along X road including footpaths and where double yellow lines are present, in order to ensure that allocated parking is retained to maximum benefits for the residents.

    You are an owner of a property and not unauthorized, you would hope that the PPC were not brought in to give PCNs to the residents (although I fully expect they will).
  • Coupon-mad
    Coupon-mad Posts: 158,333 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    iMichelle wrote: »
    Hi, Please can someone help.

    I am a freeholder in a new development where each household has their own allocated parking bays. After receiving complaints about the parking bays being abused by others rather than the owner (I know this as I was also one of the people making complaints), the developer sent a letter informing us that they had instructed the management company to instruct a private company to patrol the development and to issue parking fines for unauthorised parking along X road including footpaths and where double yellow lines are present, in order to ensure that allocated parking is retained to maximum benefits for the residents.

    Because all visitor bays were occupied, we parked a car on a backyard on Y road where no double yellow lines within this development (Y road was not completed at the time when the developer informing us about regulation on X road) last month and got a ticket. The reason is that the car is not parked within the bays.

    Regrettably, I had not read the post on the forum before made an appeal to the parking patrol company. Now, the appeal has been rejected for the reason that there are sufficient signs in the development that no parking outside designated bays. But I still think this does not align with the information provided by the developer.

    I have three options now: pay discounted fee, appeal to POPLA, ignore it.

    Before I making a decision, can anyone kindly advise:

    1. Does the parking control company have any ground to send me an invoice as I am also one of the owners of this private land, although the exact location where the car parked is a piece of communal ground (and probably is still owned by the developer)?

    2. As far as I understand, the parking control company has a contract with the management company rather than the developer, but the management company refused to step in. Since I have already made an appeal to the parking control company, is it still worth to complain to the developer?

    Many thanks for your help and any advice for the next step.

    Appeal to POPLA.

    And read this:

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

    POPLA is explained with templates, in post #3 of the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 44,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I know this as I was also one of the people making complaints
    As the saying goes ........ 'be careful what you wish for'!

    You need to start making more complains, but in the opposite direction!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Half_way
    Half_way Posts: 7,630 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dear management company, after careful consideration neither myself, or any visitors to my property will be taking part in any permit scheme, if you require the limits to be returned please arrange a suitable date to collect them, or provide a stamped addressed envelope.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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