Parking POPLA appeal for a parking space purchased as part of a lease

jamborta

Hello all,

I have been reading this forum to get some ideas to appeal for a parking charge that I think is unfair.

I have a parking space that we purchased for a flat we have. A few months ago I forgot to display my parking permit and received a fine from secure-a-space. I appealed to them, obviously they rejected it.

After reading some posts here, I submitted a POPLA appeal, uploaded a copy of my lease. Just received the response from the operator and they quoted a paragraph in my lease, that is as follows:

“The Leaseholder where they have the use of a car park space within the Building must obtain from the Landlord and display a valid parking permit (renewable annually). Should the parking permit not be displayed the vehicle could be ticketed and the parking control contractor will enforce payment. Should the Leaseholder change their vehicle they must provide the Landlord with the new details and apply for a further updated parking permit. The Landlord will not be
responsible for any costs incurred by the failure of the Leaseholder to comply with these
requirements.”

Not sure if you have any suggestions how to respond to this?

Many thanks,

Guys_Dad

First lease I have seen where permits are mentioned.

waamo

Have you read the lease to check what it says?

jamborta

Apart from what I quoted above, there is only one more place where parking is mentioned in the lease:

Easements, Rights and Privileges:
- The right to park one roadworthy taxed and insured private motor car or motor cycle in the parking space shown edged blue on the attached Plan B (if any).

jamborta

Do you think it is a lost cause, or anything I could add to this appeal?

waamo

Without seeing all the POPLA appeal it's difficult to rate your chances.

BrownTrout

Why would anyone even buy a property under these circumstances.....
Utter madness

Fruitcake

The first thing you need to do is move. I am serious.
Living somewhere with a lease like that is madness as already mentioned. The property is blighted.


Does the lease mention anything about the ability for the scammers to instigate court?

With whom is your contract? The lessor or the landlord? What does the landlord say about this outrageous scam?

What do the signs say? Did you include inadequate signage in your appeal?

Castle

jamborta wrote: »

I have a parking space that we purchased for a flat we have. A few months ago I forgot to display my parking permit and received a fine from secure-a-space. I appealed to them, obviously they rejected it.

If you purchased the parking space wouldn't that make you the freeholder?

Fruitcake

Castle wrote: »

If you purchased the parking space wouldn't that make you the freeholder?

Good point. OP, is the parking space shown as yours on the Land Registry entry?

NeilCr

Castle wrote: »

If you purchased the parking space wouldn't that make you the freeholder?

Quite.

I must admit to being slightly confused here. Never difficult!

OP. Can you clarify if the parking space came with the flat or was purchased separately? It sounds like separately - if so, the flat might not be so blighted.

Parking space might well be sellable on it's own if it's in a "parking space shortage" area

ETA

Cross posted with Fruitcake - good point about LR

ETAA

Is it possible to buy a car parking space with a lease? I have no idea but that could be an explanation if the car park is owned by the freeholder