Parking ticket in own allocated parking space

kaych

Good evening all,

Just wondered if anyone has encountered this issue. We own our flat and a car park space in the basement (leasehold). Our management company (employed by our resident association) has brought in a private company to manage the parking within the development.

Basically I was issued a parking ticket while my car was parked in my own allocated space. The reason for the ticket was 'permit required'.

I have always displayed a permit and our current permit runs from Jan 2016 till Jan 2018. However, a new permit was sent to us (the same parking company) in August 2017 which I didn't display it before they issued me with a ticket.

What ground do I have to appeal this? The 'old' permit was still valid, but would the new permit replace the old one? The old and new permits look almost the same with the same company name etc.

My management company said they couldn't help because I didn't display the new permit. But my old permit was still valid.

I have checked the lease, it does say something along the line that we have to follow the arrangement the management company may bring in, even though there is no mention of display of a permit.

I just find it unfair that my permit was still valid, can they just issue a new permit, catch you out and then issue you with a ticket?

Also management company said normally the parking company would send in a photo to show how I have contravened with the rule and the reason for the ticket. But there was no photo attached with the ticket and I would think they would look silly anyway if they did take a photo of our car with a valid permit on it.

Any advice on this would be much appreciated.

Marktheshark

I would ask why they are running a profit making business on your leasehold land without your permission .
what next a burger van ?
Your land, under your lease and you decide who operates businesses upon that land.

kaych

Hi Marktheshark, the private parking company has been 'employed' by our management company (whom is appointed by our resident association). so I guess this gives them permission to manage parking in our development and issue tickets?

Marktheshark

And YOU employ the management agency.
Anyone else caught up in this scam, if so round them up and fire the management agents, it is quite easy to do and they might just work out that you employ them as your servants.

fisherjim

You are being scammed, theoretically these muppets should be working to protect your parking rights, not harassing you, but as normal they have worked their con to make their cash by screwing the people they promised to protect.

Have you read the newbies thread?
Which PPC Muppets are you dealing with?

kaych

Hi marktheshark I am going to ask around to see if anyone else had similar issue...

Thanks fisherjum. They are called Private parking solutions (London) limited. I read the newbie thread, i initially ignored the PCN but they have since obtained our details from DVLA and sent us the NTK. I will make an informal appeal in order to obtain the POPLA reference and then take it from there.

Do they need to have photographic evidence to prove the ticket was rightly issued? As I highly doubt they have that so it would just be a case of me arguing that I have a valid permit and them saying that we didn't ?

Coupon-mad

They'll have photos. Stop digging, it's a scam. Why the heck have residents agreed to this regime? Pointless.

They won't cancel the charge but you won't be paying.

I suggest you read the threads by hairray and Daniel san as well as all the zillions of other ''own space'' threads on here every week. No idea why you have agreed to display a permit when you own the flat & space - don't answer that before you've read a dozen or so other similar threads. You need to see this entire set up for what it is.

The_Deep

Our management company (employed by our resident association)

Could you explain this? Management Companies are usually contracted by head-leaseholders/landowners.

It is not in the best interests of the residents to employ a PPC, and the function of Residents' Associations is to look after those interests. Why therefore would a RA appoint a PPC.

Was this agreed by the residents? Was it discussed? Was it passed at the AGM? It does not make sense.

kaych

Basically we have formed a resident association in order to kick the old management company out (which was employed by the developer). We have a number of directors in the association and they basically act on behalf of the residents to appoint new MC and liase with MC about everyday businesses.

Parking has always been an issue in our basement car park. so MC has appeared to engage PPS to 'manage' the car park in the basement. apparently this was agreed by the directors/RA when I questioned MC about the use of PPS to issue tickets. MC stated that as the use of PPS was agreed by the RA, so by extension 'I' have also agreed to this arrangement and be bound by the terms of using the car park i.e. display a permit.

Anyhow I have checked my lease and it contains the standard wording which allow me to use my allocated parking space as marked on a plan that was given to us when we bought our flat. The use of permit was only introduced after PPS was brought on site about 2-3 years after we bought our flat.

I have since read the newbie thread and others cases in more details and visited various useful websites. I feel more confident in my appeal as I have done nothing wrong in using my own space and I would very much look forward to them telling me how I 'broke' the terms and conditions of using my own parking space.

Fruitcake

We need to know the precise wording of your lease. Does it mention parking at all? Does it specifically say a private parking company can charge you a fee if you don't display a permit? (We know the answer but need you to realise the implications) Does it mention that you have quiet enjoyment?

Have a read what judges have said about this sort of thing, then tell the MA/MC that they are on a sticky wicket if they support the parking scammers they brought in.

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

kaych

Thanks Fruitcake. I am not happy with PPS and our MC, I will be making a formal complaints to MC and the directors of the RA about this.

I have drafted the below to send to PPS, I would be interested to hear other's comments/advice on the below before I send it off. I request £160 below because that's the amount they are asking from me...

Dear Sir/ Madam,

We are writing to formally challenge the following Parking Charge Notice (PCN)

Ticket no: xx
Issued on: xx
Vehicle reg: xxxxxxx
Car park location:xxxx

We are writing to formally challenge the above PCN.

On xxx our vehicle was issued with the parking ticket above for the following reason: Permit Required.

We are challenging this parking ticket because we have the right to park in our own parking space in accordance to our lease.

Under section 8. Parking Space, the lease clearly states that 'The right (to the exclusion of all others) to use the car parking space(s) shaded blue on Plan 3 and numbered or any other parking space(s) allocated by the Developer from time to time with the Development for the purpose of parking one fully taxed and licensed private motor car or motor cycle only'.

For this reason, we look forward to receiving notification within 28 days that the PCN has been cancelled.

If you are unable to cancel the PCN, please provide us with a POPLA reference so we can proceed with our appeal accordingly.

In addition, as our assigned parking bay is ours by right, we reserve the right to claim £160 in a county court against PPS for an act of trespass as PPS attempts to use our allocated bay for business purposes without lawful authority to do so. Our lease is the prime contract and any unilateral imposition of anything over and above that is unlawful. Our lease has no mention of a parking regime i.e. display a parking permit nor any agreement in the lease of a charge for a breach of parking conditions. Furthermore, we consider that the act of accessing the DVLA database to obtain the details of the registered keeper of the vehicle as unlawful and a breach of the Data Protection Act. PPS has no 'reasonable cause' to access the DVLA database as our vehicle has every right to unfettered parking according to the terms of the lease.

Yours faithfully,