Leaseholder parking fine

Fuming_Parker

Hello,

I am the leaseholder and have been given a PCN for a car parked in my space. The lease does not mention the need to display a permit etc.

Normally I would follow all of the advice already given in the forum. However, when I spoke to the management company they told me that, on this occasion, they would request the enforcement company to cancel the fine. 4 months later - a letter from the enforcement company's solicitor arrives demanding payment. So, obviously not cancelled!

I have not heard back from the management company about this yet but, assuming it turns out they do not cancel the ticket, am I too late to go through the POPLA process that has been so successful for others in my situation?

Will rallying support to sack the enforcement company at the upcoming AGM.

Thanks for any help you can give.

The_Deep

Will rallying support to sack the enforcement company at the upcoming AGM.


You can put it on the agenda but whether it will succeed or not depends how many proxies the MA have

Fuming_Parker

I think we're going to sack them as well...

Redx

as for the popla issue, depends who the PPC is (you never said who it is)

if its an IPC member, then POPLA was never on the table

if its a BPA member, then unless the PPC issue a popla code, that is off the table too

you should be complaining to the MA and demanding a cancellation of this INVOICE , in writing

Loadsofchildren123

Pile the pressure on the management company. Tell them you will apply to join them to any proceedings, and that you will counterclaim against them - they are causing you loss by by contracting with a PPC to interfere with your pre-existing rights by requiring a permit, that they have no rights to impose these new terms on you, that the parking space is yours and they have induced a trespass on to it, and that they have breached the Data Protection Act - so you will be seeking substantial damages from them.

Check if the signage has planning permission - if not this is a criminal offence and I can give you chapter and verse on that - you can use that to scare the MA as well as you can say they are an accessory to a criminal offence.

Ask the MA for a copy of its contract with the PPC. You want to see its terms and it would be helpful to see them early on. There may well be something in there that helps you. If the PPC is in breach of it then you can pressurise the MA to end the contract (if it hasn't reached the end of its minimum term). A PPC was recently chucked off a massive residential site where I live for targeting residents and there are dozens of outstanding court cases about it.

Send the PPC a Letter Before Claim asserting a breach of the Data Protection Act and trespass to your space [all of this assumes it's a designated space demised to you as part of the land to which you own the leasehold] and that if they pursue you any further in respect of the pcn(s) then you will issue a claim/counterclaim. Warn them that you do not accept ANY variation to the terms of your leasehold ownership and rights and will not display their permit. Tell them they do not have your authority to set foot on your space, and which space it is. Any further PCNS will be an aggravated trespass and any further processing of your data will be an aggravated breach of the DPA and you will be seeking punitive damages and indemnity costs.

Write in a measured but firm way setting out exactly what you are going to do. You might tell the PPC that their purpose is to discourage unauthorised parking, not to punish residents. And that you are going to ensure that at the next meeting of the MA their contract will be brought to an end.

What's the signage like? If it's woeful you can use that, but I'd keep it up your sleeve until later.

If you pile enough pressure on the MA hopefully it will disappear. You

Which PPC is it?

Loadsofchildren123

And tell the MA that their agreement to get it cancelled, which they then didn't do, caused you to lose the opportunity to appeal to POPLA, which has also caused you loss and damage.

Half_way

It is absolutly vital that you are pro active in dealing with own space/own land/spaces and or land where you have inherent rights to park.

Lynzer on pepipoo has created and posted some very useful guides here:
http://www.thebridesmother.co.uk/Media/residential-parking.pdf

ideas for templates:
http://www.thebridesmother.co.uk/Media/Templates.pdf

And if you ignore/do nothing or are passive to it all, then it can go horribly wrong, although in the case inked below, several other things went very much wrong as well
http://www.telegraph.co.uk/news/2017/04/03/britains-biggest-parking-fine-motorist-told-must-pay-24500-ignored/

Fuming_Parker

It's an IPC member... Parking and Property Management.

I am complaining to the MA but they are absolutely useless. They said "I asked that they rescind the tickets but they advised that the owners must follow the correct appeals process as per the details on the tickets. Where tickets are issued and there is a dispute, it is between the two parties to resolve – the vehicle owner and the parking enforcement company."

Half_way

It's an IPC member... Parking and Property Management.

I am complaining to the MA but they are absolutely useless.

You MUST be pro active, see the links above.
do not let the management agency off the hook, even if they are sacked keep on chasing them

Fuming_Parker

It was my lodger's car - does that make any difference? He had my permission to park there and as I lease the space I assumed it doesn't matter.

Redx

[QUOTE=Fuming_Parker;72466039]It's an IPC member... Parking and Property Management.

I am complaining to the MA but they are absolutely useless. They said "I asked that they rescind the tickets but they advised that the owners must follow the correct appeals process as per the details on the tickets. Where tickets are issued and there is a dispute, it is between the two parties to resolve – the vehicle owner and the parking enforcement company."[/QUOTE]

in that case POPLA was never an option

do as mentioned above , all good advice

you can allow anyone you like to park in your allocated space providing you have the rights to it , but as mentioned earlier you need to see what the MA contract with the PPC says about these matters, plus your lease (or what isnt mentioned)

and what the signage says too