New Parking enforcement on private delevopment, Advice please

11052016_user

Hi guys,

Just after some advice please,

We live on a private new build development and have now been informed that parking controls will commence soon, operated by a private parking contractor. None of this was mentioned at the time of buying nor is it written in any paperwork. It has been introduced by the managing agents followings some complaints regarding parking. (development is in middle of nowhere so its not being abused by people visiting shops or a station etc...)

I'm well advised that these private parking contractors have no actual legal powers and that the tickets they issue are not legally binding therefore worthless, can anyone advise me further with actual facts regarding their powers? (They are registered by IPC)

My property comes with one designated parking bay which falls within my boundary but maintained by site managing agents. In the terms of the parking enforcement I have the option to opt out of parking enforcement on this bay, I'm thinking I should opt out but can anyone advise why it might not be a good idea, the area is usually deserted so hardly likely to be used by anyone other than myself and partner.

Our only concern is my partners car, the two bedroom property only comes with one designated space :huh: so we have been parking in the roadway outside our property which the sales person said would be fine as the road is wide enough not to cause obstruction, however the new parking enforcement is against this and we have been told in writing that we can no longer park on the roadway. Do I continue to park there and ignore parking tickets or purse a costly legal battle to argue the toss over who said what about parking, or move? :rotfl:

Do number plates have to be displayed on private land?

Thank you :beer:

Loadsofchildren123

I don't think number plates have to be displayed on private land. Call the DVLA enquiry line to double check. That's a cunning plan, but also would be a pain to remove number plates every time.... and PPC would probably cotton onto it and they are so sneaky they may become determined to beat you at your own game.

I'd opt out - there will definitely be times you forget to display your permit.

If there is no parking problem, get together with the residents to object to the PPC being brought in. The Managing Agents/Committee are supposed to be there for YOU. If the majority don't want it, write them a letter warning them it's unnecessary and unwanted, and if your rights are enfringed by the PPC and you suffer any loss or inconvenience as a result then you will look to them for recompense, including joining them as a party to any court proceedings.

Umkomaas

If there is no problem with fly-parkers, the only revenue a PPC will generate will be from residents - and don't forget, their only aim in life is to generate revenue, nothing else matters.

Oh, and by the way, the likely outcome of a PPC being engaged won't just be about the inconvenience of residents dealing with parking tickets, their introduction will inevitably reduce the value of your house. You may well already be sitting on negative equity. Who'd want to buy a house where the slightest parking slip costs £100 a pop, or a long hard struggle to fend it off for SIX years.

I'd get other residents fired up on this and object to the scheme being introduced.

Umkomaas

Our only concern is my partners car, the two bedroom property only comes with one designated space so we have been parking in the roadway outside our property which the sales person said would be fine as the road is wide enough not to cause obstruction, however the new parking enforcement is against this and we have been told in writing that we can no longer park on the roadway.

It's not what the sales person told you or what the new parking enforcement scheme says - it's what your deeds say. Check those very carefully for anything parking related.

You also need to do some searches here, on PePiPoo and on the Parking Prankster's blog for 'Prohibitive Signage'. The parking company will no doubt believe that their signage will form a contract with you, but you can't contract for something that is prohibited. Get your head around all this because you (and your neighbours) have very troubled times ahead of you.

Loadsofchildren123

If the parking gets introduced regardless, when the signs go up write to the Management agency/committee and the PPC to state clearly that you do not consent to any change to the terms of your ownership, that by parking on site you are NOT entering into any contract with the PPC, that there is no offer and no consideration (your right to park/peaceful enjoyment already exists). And that if any "charge" is levied against either of you or your legitimate visitors then you/they will not be liable for it and you will consider it both a trespass and a form of harassment.
Say you reserve the right to refer to the letter in future.
It may help you to defend any PCNs issued in the future.

Fruitcake

It's not a case of opting out if you have never been in the scam in the first place, it's about telling the MA and their scamming agents to FRO as you are not required to join. As for ticketing on your own bay, you tell them that any attempt to carry out a money making scam on your property will be trespass and dealt with severely.

Get as many people as you can involved with refusing to join the scam.
Send them here to show them what will happen to genuine residents and visitors, including tradespersons, meter readers, delivery people and a whole host more.
You don't want the properties to be blacklisted so delivery companies and trades won't come near your place. This is what WILL happen so make sure you spread the word.
Flyers through letter boxes and on windscreens would be a starting point.
You can knock up a draft and show it here before you act if you like.
Put in examples of the worst case scenario and links to this site as well as pepipoo and the Prankster.

Loadsofchildren123

Phone the local council to see if the road is adopted. If it is your wife can park there. End of.

bargepole

Loadsofchildren123 wrote: »

If there is no parking problem, get together with the residents to object to the PPC being brought in. The Managing Agents/Committee are supposed to be there for YOU. If the majority don't want it, write them a letter warning them it's unnecessary and unwanted, and if your rights are enfringed by the PPC and you suffer any loss or inconvenience as a result then you will look to them for recompense, including joining them as a party to any court proceedings.

I would go further than that.

Canvass other residents, and if the majority are against the parking scheme, you can form your own management company and kick the current Managing Agents out altogether.

I have a rented flat in a block where the flat owners got together and did this several years ago, and we find it much easier to self-manage the property using our own approved gardeners, plumbers, electricians, etc., and don't get ripped off by external MAs.

Also, our monthly management charge per flat is about half of that for comparable properties in the area. And needless to say, as I am a director of the owners' management company, there is no suggestion of any PPCs being brought in.

The_Deep

Canvass other residents, and if the majority are against the parking scheme, you can form your own management company and kick the current Managing Agents out altogether.

People keep advising this, but it can difficult and expensive, especially if there is more than one block in the complex. If there is a shared car park it becomes even more complicated.

I own a flat in a complex of five blocks. The MA is owned by the landowner/head-lease holder and doing a good job. Their service charges are the lowest of all my properties, and the communal areas and repairs well managed.

However one owner in my block, a bit of a troublemaker, wanted us to switch. I was one of several owners who were against it. He failed, and it cost him £1,800 out of his own pocket.

11052016_user

Thank you for your replys. The development consists of nearly 200 homes and most homes have 2 dedicated spaces so I will imagine that most residents will sleep walk into this scam. I have now opted out of this BS as it was explained in correspondence that I have a right to do so, however I expect I will still get tickets for not displaying a permit.

People have mentioned to check my deeds, how do I get my hands on the deeds, its my understanding that the mortgage firm has them! Is that right?

Coupon-mad

Mortgage firms used to always hold title deeds (I know this because I used to be a Manager of a Mortgage Lending Dept 100 years ago, before kids) but they do not always hold Deeds these days. More likely your solicitor you used for the conveyancing may have stored them for you IMHO. The solicitor will know where they were sent, if not.