Parking in a visitor bay

sa1601

Thought I had posted this already but can find no trace!
Another case we need your expert opinions on.
My son's flat is in a development that has a few visitor parking spaces.Each flat gets a scratch card to use when parking in these bays but there is a limited number of times per month this can be used. His partner (bless her, but...) parked in the visitor bay but scratched out the wrong month on the card (a month in advance) and got a PCN from UKCPM. They appealed and scratched out the correct date. This means that they have lost one of the visitor bay allocations.
They appealed on the basis it was a genuine mistake that had now been corrected. Refused of course.
The signage in front of the bays displays the BPA logo but they are not approved BPA operators. BPA reporting them to trading standards.
As these spaces are not the leaseholder's I guess primacy of lease doesn't apply. Is the case worth pursing on signage?
Thanks

Socrates_1

May I congratulate you on understanding the issues here. The visitor bay is exactly that, a common area for all. No primacy.

The scratch card is to ensure fair access and the penalty fine to ensure fair access.

See if the error can be forgiven by the MgtCo as engaging with the operator's client is by far the best way to resolve the issues.

sa1601

Thanks for this. What you say is what I suspected. I’ll get him to write to managing agent as you suggest.

Fruitcake

You need to see what the lease/AST says about visitor parking spaces and scratch cards supplied by an unregulated third party scammer, and of course what it doesn't say about them.
Primacy of contract may well still apply.

UKCPM are IPC ATA members and can also be corporate members of the BPA. This is explained in the NEWBIES.
If however the signs show the BPA roundel, then complaints should be made to the BPA and DVLA for misrepresentation and frustration of contract. You should also demand a PoPLA code from CPM.

You should also complain to your MP.

Coupon-mad

sa1601 wrote: »

Thanks for this. What you say is what I suspected. I’ll get him to write to managing agent as you suggest.

I thought you asked for

expert opinions

Not comments from a newbie whose few posts since he joined (last week), give away an agenda of representing parking firms and ridiculing Defendants, defences and Witness Statements of honest please scammed by PPCs.

Now, whilst everyone is entitled to an opinion and we are nice to all newbies we also protect those posters hoping for advice, who might not have noticed the elephant in the room.

Be aware of who it might be giving their opinion...click on Socrates_1's username and read his 19 posts and replies so far. Make your own mind up and come back when you need to defend this - the regular posters will help you.

fisherjim

Socrates_1 wrote: »

The scratch card is to ensure fair access and the penalty fine to ensure fair access.

Tut tut still not making sure you have a "grasp of both the facts and the law"!

Coupon-mad

Socrates_1 wrote: »

See if the error can be forgiven by the MgtCo as engaging with the operator's client is by far the best way to resolve the issues.

No.

Kicking the useless greedy parasite waste of space firm out is the best resolution:

https://forums.moneysavingexpert.com/discussion/comment/75790019#Comment_75790019

Or beating them in court because their signs & case is so woeful, like in this thread from 2016 (nothing much changes):

https://forums.moneysavingexpert.com/discussion/5546950/es-parking-enforcement-spinningfields-claim-dismissed-at-court

ESPEL cases are hopeless, as are most others when faced by clued up Defendants.

Some of these firms even send their own employees to lose cases and get laughed at by Judges. One wonders why these people couldn't get proper jobs in life.

sa1601

Thanks Coupon mad. Lesson learned!

sa1601

So we are now at the LBC stage. A familiar letter has arrived from Gladstones. We will fight it.

The_Deep

Nine times out of ten these tickets are scams and will fail in court so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.