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Parking charge on my own parking bay

13

Comments

  • Quitto
    Quitto Posts: 82 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    This is the response I got last week from PPC:

    In order for Car Parking Partnership to cancel this Parking Charge, we require evidence of your valid permit as proof that you did not break the terms and conditions stipulated on the signage.

    This Parking Charge has been placed on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 10 October 2017 at 8:49AM
    OK.


    Good.


    Await the code, construct your popla appeal and post it here for comments (still keep on at the HA as well)


    (All as you were advised in #6!!)
  • Quitto
    Quitto Posts: 82 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    edited 10 October 2017 at 2:40PM
    Sent another email to the housing association regarding my issue and got this response (extract):

    If you have received a parking fine you must contest this with the company whom you received it from. We have no association with parking enforcement teams and are not responsible for any fines. CPP can be contacted by xxxxxxxx.

    Leaseholders were all advised via sms on how to contact CPP and also through letter. It is not our responsibility to notify residents on renewing permits. Permits and all parking issues are to be raised via CPP.


    Are they suggesting they have no contract with CPP?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    send the HA a letter asking them if they contracted with the PPC.If so, ask fir a copy of the contract


    If they did, inform them that they are responsible for the PPC's actions in contract law. Ask them how they like them apples?
    You never know how far you can go until you go too far.
  • safarmuk
    safarmuk Posts: 648 Forumite
    send the HA a letter asking them if they contracted with the PPC.If so, ask fir a copy of the contract
    +1 ... ask for the contract between the HA and the PPC. If the HA contracted the PPC then the PPC are the HA's agent and the HA will not be able to wash their hands of the actions of their agent unfortunately (for them).
  • Spell it out for them that the PPC is their agent and they can't absolve themselves of responsibility if the PPC interferes with your rights or commits an act of trespass against your car/space. They'll reject your advances until they are backed into a corner. That's why I recommend tough LBCs which they can't ignore.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Quitto
    Quitto Posts: 82 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Thank you all for your support, I have emailed HA and requested a copy of contract, will report back when they reply.
  • Quitto
    Quitto Posts: 82 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    They are very quick in responding today:

    We work with various contractors and should we need a contractor to manage or enforce or engage in some activity on a particular scheme, we advise via email accordingly.

    It is in your lease to:
    4.2 Comply with Regulations
    To comply with such reasonable regulations as the Landlord or the Superior
    Landlord may make from time to time relating to the orderly and proper use of the
    Common Parts and security of the Building and including (for the avoidance of
    doubt) regulations as to the manner of use of any car parking space or visitors car
    parking spaces and the nature of any vehicle which may be parked thereon

    As such, the parking regulations introduced were a direct result of complaints from leaseholders regarding illegal parking on site, and thus paying £30 a year for parking enforcement. This was in place to ensure 'orderly and proper use...as to the manner of use of any car parking space'.

    The Trust conducted a CPP management survey on whether to remove CPP, and based on records we hold from your response, you answered 'No'.

    Should you have any parking disputes, please ensure you contact CPP directly.


    In the above they refer to questionnaire they had about two months ago before I received the letter from CPP and realized the ticket from July was not cancelled (the rest of them were). I did reply with "No" stupidly thinking it offers some level of protection to bay owners. However, their response to questionnaire was: "We had a low response and as a result kept enforcement onsite".
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Reply back

    They can not create a regulation requiring you to contract with a third party
    They cannot create a regulation requiring you to pay any amount not within your lease , ie ground rent.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 11 October 2017 at 8:20AM
    Do both, but is your POPLA code still valid?

    Though as yet CPP have never done court anyway.
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