PCN - parking in my own space

pappa_golf

a blue badge = %^&* all on private land

are you 110% sure the person does not have a reason for parking there , quite often "reason" may not be a simple limp or walking stick

personally I would tell your chauffeur to drop you at the door , then await your return by parking on the public road

The_Deep

I had to let the chauffeur go, hurricane Irma did me no favours.

beamerguy

I can understand your frustration but the advice
is to go full term on this well knowing that you
will be dealing with incompetent solicitors who
will, with a residential case put a noose around
their neck and hang themselves.

We are seeing more and more judges stating
you will have unfettered rights to park in your
own space wich overides parking companies
and probably the MA.

Once you have judgement in your favour,
you can then claim a data breach which
means they had no good cause to obtain
your data from the DVLA.
Claims range from £250 - £750

Then you advise all the residents and all
sign a letter to the MA to terminate the vermin

There is a possibility that the MA is on commission

nasescoba1985

@ deep, honestly If you are not going to bother helping with the situation then kindly leave my thread. Your negativity and rude nature is of no help to me here. I couldn’t careless wether you are a landlord or not.

beamerguy

The_Deep wrote: »

I am a landlord who owns a flat in a block of 130 flats some of which are tenanted by benefit bludgers and riff raff, many of whom own two cars.

Hey... careful with such comments, we don't want
Donald Trump joining the forum

nasescoba1985

@ beamerguy, thank you. That’s all I’m asking for is a bit of advice. I think I have a bloody right to be annoyed when someone has ticketed me in my own space. Negativity and telling me I won’t win my case etc is hardly helping matters.

nasescoba1985

And we are all properly owners by the way so our place is a private complex. The “riff raff” and “ Benefit dodgers “ you rudely mentioned certainly doesn’t apply to me or any of the owners at my complex.

System

I'm not clear on this "my space" issue. Is the parking space demised and shown as part of your overall ownership. Or is the space part of the Freehold and given to you on an exclusive basis as long as you meet the covenants in your lease.

Get your lease and site plan out and check.

PS If it was "your space" why did you stick a permit up? There clearly is something in the back of your mind that suggests it might not be "your space"

nasescoba1985

@ I am , why would there be something in my head telling me it’s not my own space ? If a parking mamagemt company implement a parking scheme and issue out permits then what choice do I have ?


Our residents association are currently in the process of taking over the management potentially and there is a possibility it will go to court. If we do take ownership then obviously we will get rid of this parking company.


But if I weren’t to bother displaying a permit, then I will be getting 100 + parking tickets on my windscreen won’t I? I obliged by the rules because we were given permits. Now my argument is against the unfair nature of them ticketing me in my own space. I am the owner of my apartment and have been allocated a bay which corresponds with my apartment. I don’t see why this is so difficult to grasp ? My lease clearly states I am allocated my own bay. I fully admitted my permit fell off the windscreen already but I will not be paying a parking company money when I was parking in my own space.

System

My lease clearly states I am allocated my own bay.

The word "allocated" is an indication you are not the owner of the space. It has to be owned as shown in your lease in the same way as your flat is owned and shown in your lease. You don't have allocated bedrooms for example.

If you are not the owner you are bound by the rules and regulations (as amended) by the MA who are representatives of the owners. You need to check your lease to see if they can retrospectively change the terms (and most can)

Property law is complex and it all turns on the wording of the lease and whether "your space" is actually owned outright or simply loaned to you by the Freeholder on an exclusive basis as long as you follow the rules.

When this goes to court, that is exactly what the judge will be looking for.