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I’m getting parking tickets In my own parking spot

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  • Marm
    Marm Posts: 13 Forumite
    Fourth Anniversary
    You stated in your first post the existence of a "Landlord"
    SO youre the LONG LEASE holder? You own a 99+ year lease?

    If so then you know what your lease states and whether they can vary it as they have suggested. Look for SOMETHING around "regulations" - thats usually the clause they will hold on to dearly.

    If the MC is appointed by the freeholder then again you might not have any rights. You will have to review what your lease grants.

    Hello and thank you for taking the time in helping me out.

    So the story is as follows, I am the leaseholder (99+ years) and PCM has been implemented without consultation of the leaseholders to target and ticket our own cars in our own parking bays.

    The MC has already told me in an email that they aren't making any profit from this scheme so I have requested them to send over a copy of the contract between MC and PCM so I can better understand what the agreement is.

    Do I have the right to receive a copy?
  • Coupon-mad
    Coupon-mad Posts: 152,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2019 at 1:15AM
    We know the MA make no money from it and that they had no right to introduce this bunch of ex clampers. These are not the sort of questions I'd be asking.
    So the story is as follows, I am the leaseholder (99+ years) and PCM has been implemented without consultation of the leaseholders to target and ticket our own cars in our own parking bays.
    So you need to do exactly as the OP did in the thread I linked earlier, never mind asking questions of the MA or asking to see the contract (no you have no God given - or legal - 'right' to see it but they might show it, but who cares about that worthless document)?

    The point is to get them removed by robust responses to the MA, with the other leaseholders, and resolve between you all to kick PCM out before the year is out. And NOT to accept them being replaced by another firm.

    You DO NOT need any parking enforcement. It's a scam. Do not agree to it.

    Make it clear firstly that you DO NOT allow any parking firm to enforce any restrictions in your owned space, and never did, and that the MA must cease and desist with allowing their contractor to ruin your right to peaceful enjoyment of your property, and exclude your bay and backdate that, as they never had your permission or agreement.

    At least once you know your bay can't be targeted any more, you can move on to sharing this knowledge with other leaseholders and together, getting PCN removed, by using the same form of words as that other poster did.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Tell the MA to FRO
    Remove their implied permission to enter your parking space and warn them against them or their agent trespassing
    Tell them they are to instruct their agent to cancel any outstanding tickets, or when it goes to court you will hold them the MA jointly and severally liable for your costs and damages suffered; as the principal to the contract they are completely liable.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Is the parking space part of your demised property, i.e. mentioned on your lease?

    I argue with MAs that the presence of the companies depresses rents, and affect resale values. Did you read my thread on the landlord' forum?
    You never know how far you can go until you go too far.
  • Marm
    Marm Posts: 13 Forumite
    Fourth Anniversary
    Hello everyone, I wanted to keep everyone updated (and get some advice from you if possible)

    Since the last time I wrote here:

    I submitted an SAR to the parking company that was ignored
    I opened a complaint with the ICO
    A partial response to my SAR arrived after the deadline

    Now the interest bits

    All my tickets have been cancelled with immediate effect
    I have been proposed by the parking company to opt my parking space out from the enforcement area

    I understand these companies might be proactively crawling through this forum so all I’m going to say is that the above is not enough for me

    What would you guys do next? Anyone has any experience on being in my situation before?
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    all I’m going to say is that the above is not enough for me
    It might help inform further advice if you could explain what would be ‘enough’ for you?
    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
  • Coupon-mad
    Coupon-mad Posts: 152,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I like the sound of this!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Marm
    Marm Posts: 13 Forumite
    Fourth Anniversary
    It might help inform further advice if you could explain what would be ‘enough’ for you

    I really don’t think it would be appropriate for me to openly say what I believe my next steps are.

    I was only updating since I appreciate the help I got from members of the forum when I opened this thread and asking, based on the current situation, what do others would do in my position.

    If you want to know more about the current situation, I’m happy to explain further.
  • Coupon-mad
    Coupon-mad Posts: 152,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    based on the current situation, what do others would do in my position.
    How about getting an injunction against the PPC then suing them for the cost and extra damages for interference with your lease, private nuisance, harassment and distress?

    https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You have done really well so far.

    Now that your space is, or soon will be an exclusion zone for scammers, you could do as previously suggested and involve other residents. Perhaps a mail drop and/or notices on other cars.

    Is there a wall next to your parking space where you could stick your own laminated notice or a copy of the exclusion letter? :D

    I seem to recall there is something in the Landlords and Tenant act requiring a percentage of residents to agree to any changes to the lease conditions before they can be implemented. If you can show the MC they have failed to comply with the act (law) you may have some leverage.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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