Armtrac Parking Charges

Sharon_Newquay

I purchased a flat with a parking space about 18 months ago. The parking space is shown on the deeds as belonging to me. Both myself and my tenants use the parking space at various times and we all display a permit. For about a year there were no problems However, we now seem to be getting parking tickets on a regular basis (sometimes daily) for no apparent reason - even though a permit is displayed. I have requested that Armtrac do not monitor this space, but I have had no response to my letters or phone calls to them. How do I stand legally with this, and how on earth can I stop them from harassing myself and my tenants? Today, the car parked next to me had no permit displayed at all, but did not receive a ticket. What is going on?

pogofish

You just confirmed your agreement with the MSE policy on asking for legal advice on the boards - So why are you ignoring it?

Amtrac are however well known on these boards, so have a look at some recent threads (last few months) and carefully read the Newbies Sticky to get their measure.

Lamilad

Are the permits bring used valid/ in date/ for the vehicles? What is stating as the 'contravention' on the parking ticket (PCN)?

If there is an attendant on site issuing these tickets for no apparent reason then can you or one of your tenants not confront him and asking why he's issuing them?

You need to get to the bottom of this as if you're collecting tickets on a daily basis then that could turn into a nasty shock:

https://forums.moneysavingexpert.com/discussion/5628092

Umkomaas

Do a Google search on 'Mike Cooke Armtrac' to learn about what a nasty outfit your Managing Agents have jumped into bed with (and probably receiving a kickback on every ticket issued/paid).

Ask the MA, in writing, exactly what arrangements they have made. Ask for a copy of their contract with Armtrac. Make it uncomfortable for them, because they are responsible, and they can get shot of Armtrac.

Coupon-mad

I purchased a flat with a parking space about 18 months ago. The parking space is shown on the deeds as belonging to me. Both myself and my tenants use the parking space at various times and we all display a permit.

You OWN the space under your lease!

You need to send a letter to the parking firm and the Managing agent, headed up:

'Cease and Desist - trespass/unwarranted ticketing in my owned parking space'

And spell it out that this is trespass, these are wholly unwarranted demands which MUST be cancelled. State that, from now on you will charge £100 every time you or your visitors in that space are ticketed (regardless of circumstances) for the stress of handling the blizzard of paperwork. State that the action of Armtrac by ticketing is trespass and from now on, by their own performance of deciding to ignore this warning they (and any future private parking firm at this site appointed by the MA) will be accepting the contract to pay you £100 per PCN issued.

Permits will not necessarily be displayed as you do not accept the scheme in your own bay, you opt out and certainly never agreed to pay a parking charge for parking in your own space.

Say that this is a case of derogation from grant as you have 'primacy of contract' (rights & easements) granted in your lease - refer them to:

PACE v Noor:

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

http://nebula.wsimg.com/c269da31b314e7cc17e383a625b5ae23?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

and Link v Parkinson:

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

http://nebula.wsimg.com/d31f6731eeb7b4e07c7fc2f512f18abc?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Go for the jugular and stop engaging in the permit scheme - you OWN the bay!

Sharon_Newquay

Sorry for delay in responding. I am making some progress in that Armtrac have verbally agreed to take me off of their monitoring system. They have cancelled one notice but are still pursuing some others. I am hopeful that in agreeing to cancel one charge, they may struggle to uphold the others. Am currently waiting for a written reply from them.

Thank you for your help - am going to read other posts now, as you suggested

The_Deep

Have you read this?


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

Sharon_Newquay

Thank you to everyone who has sent a reply. The parking company have agreed (verbally) not to monitor my space further and have cancelled one parking charge. I am waiting for a written response from them to confirm this. The permit being used is valid as far as I'm aware, as it was the only one given to me when I bought the flat and parking space. The charge notice, however, says that it is invalid.

I have found the person who took out the original contract and have asked for another permit. I have also asked him for a copy of the contract. However, he is not in the country very much and so is very difficult to get anywhere fast. There is nothing in the paperwork for the purchase of the property which states that a permit must be displayed.

Armtrac will not discuss with me any details relating to my tennants' vehicles, as they say the cars are not in my name, so it's really slow progress. Thanks to everyone who has posted - will continue to update