Secure-A-Space residential parking charges

furious_resident

Hello,

I've received two parking charge notices in a week in my designated space in my residential car park. We are asked to display a permit, which I do, but upon noticing the two charges this Saturday (I only use the car at the weekend) I realised the permit has slipped down the gap between the windscreen and the dashboard, and I'm unable to retrieve it. I've left a written note asking for no further charges to be posted until I receive a new permit, which should have gone into the post today. I'm under no illusion that that may have been ignored and I'll have received further PCN's upon my return home this evening.

I moved into my flat earlier this year, it's a new build development. Each flat has a designed space/spaces, plus visitor spaces. Upon moving in, we were issued permits (laminated pieces of paper) and told to use only our designated space, and to give viistors the permit for use. Shortly after moving in the residents were notified by letter of the new parking arrangements, requesting that a parking enforcement company had been contracted and we would need to display our permits at all times or face a fine. I understand from what I've read today that subject to a change to my lease, this is unenforceable.

I've contacted our appointed property management company, and have been told "I don’t believe there is any recourse because Secure-a-Space did what they were supposed to i.e. ticket any vehicle not displaying a valid permit".

I've spent hours today reading relevant threads on here (thank you to all those who have paved the way before me with information....) and am left with some questions.

1) As I've had two parking notices on different days do I need to file an appeal with SAS to each one seperately at the ~26 day mark?

2) Given the car didn't move from my designated spot at any point between the first and second charge notice, is the second charge notice even "valid"? Do I have to fight them both seperately?

3) Given my permit wasn't actually on display, although not deliberately, what are the chances of this being waived prior to taking it to court? From reading the threads, it seems like a lot of people don't ever come back to say how they got on! I really don't want to get to the court stage.

Thanks in advance.

Fruitcake

Read the sticky thread for NEWBIES then send the initial appeal template in blue you will find there. If/when it is rejected, do not make an appeal to the IAS, or the Special Air Service, although they would give the parking scammers what for if they did visit.

Check your lease/AST and then complain long and loud to the landowner/MA that it trumps anything they or a third party scammer has to say.

Read what judges have to say about residential parking.

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

furious_resident

Thanks for the reply.

I've read that thread previously - my lease is clear that I have an allocated parking space, but doesn't mention permits.

I'm still not sure on the issue of the double tickets on different days. The NEWBIE thread doesn't offer any help specific to that.

I've complained to the management company and they have responded to say:

Under the terms of your lease the parking space is included in the Retained Parts and not the demise of your Property. The Retained Parts are to be managed by the management company.

Clause 27 of Schedule 5 of your lease requires the leaseholder (homeowner) to; “comply with all variations of these Regulations and all other reasonable and proper regulations made by the Landlord or its agents from time to time in accordance with the principles of good estate management and notified to the Tenant that relate to: (a) the use of the Retained Parts…”

Accordingly, the management company was entitled to introduce the parking enforcement measures and, having done so, it became the responsibility of the leaseholder to observe those regulations which included the displaying of a parking permit.

Fruitcake

furious_resident wrote: »

Thanks for the reply.

I've read that thread previously - my lease is clear that I have an allocated parking space, but doesn't mention permits.

I'm still not sure on the issue of the double tickets on different days. The NEWBIE thread doesn't offer any help specific to that.

I've complained to the management company and they have responded to say:

Under the terms of your lease the parking space is included in the Retained Parts and not the demise of your Property. The Retained Parts are to be managed by the management company.

Clause 27 of Schedule 5 of your lease requires the leaseholder (homeowner) to; “comply with all variations of these Regulations and all other reasonable and proper regulations made by the Landlord or its agents from time to time in accordance with the principles of good estate management and notified to the Tenant that relate to: (a) the use of the Retained Parts…”

Accordingly, the management company was entitled to introduce the parking enforcement measures and, having done so, it became the responsibility of the leaseholder to observe those regulations which included the displaying of a parking permit.

You appeal each an every ticket whether they are for different parking events on the same day, or on different days.

I would suggest that introducing scammers without first consulting the residents and obtaining a majority vote for approval breaches the landlord and tenant act. I suggest you research it and see what it says about varying an existing lease.

I would also suggest that penalising genuine residents is neither reasonable nor good estate management. The scammers should be there to stop unauthorised motorists. The problem is that once that has been achieved the only way for the scammers to make money is to issue PCNs to residents.

Ask the MA for the names of the people they will be providing as witnesses should this go to court. Ask if anyone is getting a kickback from ticketing search the forum for self ticketing if this is the case. Set searches to Show Posts.

Get together with other residents and form an action group as many others have done.

Complain to your MP about this unregulated scam.

Move home. I am serious because this will happen over and over again until the scammers are kicked out.

The_Deep

Why are you using a permit? Your lease almost certainly take precedence over the scammer's self-serving "contract". Read up on "Primacy of Contract". Fruitcake is right, no-one needs these parasites in their car parks, they depress rental values and lower resale values, stick it to them with a vengeance.

Nine times out of ten of these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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

furious_resident

Thank you. I appreciate that with the experience you have you are confident I'm in the right, but when my own management company is telling me I'm wrong it's a little disconcerting.

Other residents have told me they've spoke to Secure A Space directly and had their fines cancelled (their own space, using a different car, no permit) so not sure if it's worth trying to speak to them directly before I embark on this mission.

Half_way

The use of an un regulated PPC is about as far from reasonable as possible

furious_resident

Okay, an update.

Of the two windscreen PCN's I received, one was "cancelled" by the management company after I complained - at the time, I checked the ticket number via the SAS website and it no longer existed.

I appealed via their online appeal process the remaining ticket.

I've now received two NTK letters for each of the original tickets (one of which was cancelled by SAS themselves) from a company called PCS. Different amounts for each - not sure what the basis is for that.

I hae checked the newbite thread again, and I'm not clear on my next steps. Do I now appeal again with the standard blue wording via the PCS online appeal system?

furious_resident

I've now received my POPLA ref number. The letter sent to me turning down my appeal references my second charge (which was cancelled, and not on their own website) saying if I agree to pay the reduced fine for the first charge, they'll cancel the second. Hah.

I will be back with my draft for review.

The_Slithy_Tove

All this bluster (and that is what it is) from the Management Agent (who is supposed to be working FOR you) is ignoring an important fact. Whether or not you are supposed to show a permit, what is the signage "offering" you in terms of a contract? They cannot offer you the privilege of parking in your space, because your lease already grants you that. They may try to make a "regulation", but the breach of such would be a breach of the lease, the penalty for which is NOT to fork out money to a third party stranger to that lease.

If the management agent is gong to try to get all leagalistsic with you, then they need a taste of the own medicine.

furious_resident

The Managing Agent appointed the PPC in this case - they are listed as a shining referee on the homepage of the website, no less.

Let's see how I get on with the POPLA appeal before I go any further.

I want this to be a win for all residents (some of whom have already coughed up to pay these nonsense charges).

And I also don't want to completely alienate the Managing Agent who I also need to help me with other matters from time to time.

POPLA draft appeal coming next....