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Help my car has been Towed away on Private Land

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  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    what spaces/rights to park come with the property when the ocupancy started?
    My wife is the sole tenant of this property, she has got a parking space and permit. I don't have a permit to park on the property so obviously I don't have a space to my car. It's one permit to one car only.
    I made that statement my wife signed the agreement not me, my wife got a space not me. Bcos HA are arguing that when we signed our tenancy agreement, that we have agree that any vehicle or object without a valid permit will removed from their property
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    My latest best guess is that you have two separate - but, possibly, interlinked - problems.

    One is that you have a number of parking tickets

    Secondly, you appear to have continually flouted the terms of the tenancy agreement.

    It could well be that your car was towed because of the second issue.

    I agree with Umkomaas. Seek legal advice - particularly if there are issues around the tenancy agreement. Taking the HA to court in those circumstances may not, necessarily, be the wisest course.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Eminowa wrote: »
    … Bcos HA are arguing that when we signed our tenancy agreement, that we have agree that any vehicle or object without a valid permit will removed from their property

    That's like saying you signed an agreement that if you sang Karaoke out of tune in a pub, you agree that the landlord can kill you.

    Such a contract would be void through illegality.

    Anyway, check your emails, and get back to me with the details I've asked for. If the facts stack up, I will be taking this on for you.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @OP - that offer from bargepole is absolute gold dust. Work with him on everything he asks. He is legally qualified and is expert on private parking issues.

    A very kind offer BP.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    [QUOTET]hat's like saying you signed an agreement that if you sang Karaoke out of tune in a pub, you agree that the landlord can kill you.

    Such a contract would be void through illegality.

    Anyway, check your emails, and get back to me with the details I've asked for. If the facts stack up, I will be taking this on for you. [/QUOTE]
    I have replied back to you BP. I can send you voice recording as well of how the PPC bullied me to get me to pay.
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    It could well be that your car was towed because of the second issue.
    my second issue is with a parking in swindon. they are not linked in any way
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 March 2019 at 1:20PM
    Eminowa wrote: »
    my second issue is with a parking in swindon. they are not linked in any way

    No.

    Two issues on your estate.

    One. You have parking tickets for what you have/haven't done there. Problem with Elite.

    Two. You have broken the terms of the tenancy agreement. Problem with Accord.



    That's how I read it anyway.
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    . You have broken the terms of the tenancy agreement. Problem with Accord.
    . I didn't sign any tenancy agreement with HA, to them an not their tenant. They don't write me letter whatsoever, they write to my wife whose name is on their tenancy agreement
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    NeilCr wrote: »
    Two issues on your estate.

    One. You have parking tickets for what you have/haven't done there. Problem with Elite.

    Two. You have broken the terms of the tenancy agreement. Problem with Accord.
    Neither case provides legal grounds for towing away a car & demanding a ransom for release. I suspect a rogue PPC. I thought Elite Parking Management had been suspended from BPA but I see that they are on the current (March 2019) list of operators https://www.britishparking.co.uk/BPA-Approved-Operators
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I thought Elite Parking Management had been suspended from BPA but I see that they are on the current (March 2019) list of operators
    https://eliteparkingmanagement.com

    @nigel - I think this one showing on the BPA list is a different outfit to the one the OP is tangling with.
    I got a phone call from the police saying my vehicle hasn’t stolen, that it was towed away my Elite management Midlands,

    http://elitemanagementmidlands.co.uk

    It's 'Midlands' that differentiates them.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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