Court form received help requested

Snakes_Belly

Fruitcake said:

I shall be the devil's advocate here.
If a vehicle is parked outside of a marked bay, then some of it is on another person's land. Theoretically therefore (part of) the vehicle was not parked in their own space, hence the PCN.
It would therefore depend on who owned the piece of land where part of the car was parked, and what demised rights the PPC had to issue a PCN for parking on the "neighbour's" land.

In the first claim the neighbour had given SWMN a letter allowing use of their parking space (also a freeholder).

sadwithoutmynelson

Thankyou everyone. Yes the ideal way would be a white list of number plates . 

The electronic gates has been a firm no as there are only 3 freehold houses and about 10 flats who have these car parking spaces and the flats in majority are rented out so those who own them have said no in the majority .

In terms of how the car is parked, I have a garden gate with 2 parking spaces with a gap in between . My car was over the gap in between.  It’s still my land and I have to park like this otherwise my neighbours car is too close to mine. My neighbours also have a garden gate with 2 spaces also that they own,  but they do not have a gap in between so are parked car to car with a space for someone from the flats on the other side of them again with no gap. Im the only one with a gap and it’s outside my house for access to my house only. 

Snakes_Belly

The simplest thing would have been for the MC to give the PPC a list of the freeholders registration numbers on a white list so that they would not receive any PCN's but it would pick up drivers who should not have been parked there.

sadwithoutmynelson

Snakes_Belly said:

The simplest thing would have been for the MC to give the PPC a list of the freeholders registration numbers on a white list so that they would not receive any PCN's but it would pick up drivers who should not have been parked there.

It totally would have . In the last few days iv had people just park and leave in my spot. The garden gate is the access to the house otherwise we have to walk all the way round with our shopping etc. The whole thing is just ridiculous as are the management company . 

Snakes_Belly

sadwithoutmynelson said:

Thankyou everyone. Yes the ideal way would be a white list of number plates . 

The electronic gates has been a firm no as there are only 3 freehold houses and about 10 flats who have these car parking spaces and the flats in majority are rented out so those who own them have said no in the majority .

In terms of how the car is parked, I have a garden gate with 2 parking spaces with a gap in between . My car was over the gap in between.  It’s still my land and I have to park like this otherwise my neighbours car is too close to mine. My neighbours also have a garden gate with 2 spaces also that they own,  but they do not have a gap in between so are parked car to car with a space for someone from the flats on the other side of them again with no gap. Im the only one with a gap and it’s outside my house for access to my house only. 

So you were over the space but it was your second space. Surely if you wanted to stop any random person parking in one of your spaces you would be entitled to park in the middle of your two spaces if you wanted to.

I know that this does not resolve the immediate issue but I would chip away about the gates. You might be able to turn some around to the idea. It would increase the value of the properties and maybe reduce the insurance, house and car.

I don't think that it will be an issue to see this PCN off in the same way as you did the first one however you want to stop this from happening time and time again. 

Why won't the MC do a white list?            

sadwithoutmynelson

Sorry, to make it clear I have two spaces and a walk way gap between to access my house. It is only for my house and no one else at all would use it. It is also my land. I had parked over my lines as I have been doing all this time into my walk way gap to ensure my neighbours car on the other side can open with ease. They have no gap so can’t “shuffle “ their car to the other side. 

None of any of this was an issue till the MC decided to draw up these lines and employ the ppc . We had random people park in our slots even then and we coped and nothings changed. They still park here except we are the ones who get the pcns and at a time like 5am. Pure targeted predatory vulture activity. 

I have written to the MC again. They are literally the worst. I have asked them once again to stop managing my spots. I had recently asked them about the gates for fear of vehicle theft but they outright refused saying the expense is too high as is the maintenance.  I will update when they reply . 

I would have thought they would have seen the previous court proceedings in my favour and dropped this but that’s just silly thinking on my part. 

ParkingMad

As you own both spaces, could you install fold-down lockable parking posts? That would stop anyone else parking in your spaces and you could give a key to people who you allow to park there. 

Also, could you possibly get the lines for your two parking spaces repainted, so that the gap is between your two spaces and your neighbour's two spaces, giving each of you more room to open your car doors?

Snakes_Belly

It does sound as if the person that ticketed your car was a self ticketer (a Norris). 5am does not sound like an employee of a parking company.

These self ticketers are people that send in photographs to the PPC and get paid a small fee. Some people lead sad lives. 

Coupon-mad

I’d repaint the bay lines myself if this is your land. Get rid of the gap.

Fruitcake

I agree with C-M. Paint/repaint the borders of the whole of your parking area and walkway to make one large rectangular bay, then paint something like Parking for property number NN only, and bolt two lockable fold down bollards to the ground in order to prevent unauthorised use.
Overpaint the walkway lines, or burn them off. (Unless there is something in your freehold/leasehold agreement that says you can't do this).
Remember that it is easier to obtain forgiveness than permission, so do it and ignore the MA/MC. 

As an aside, if someone parked on my private property, I would remove the offending vehicle. A trolley jack and a couple of mates, or a tow rope and my big car would easily shift it even with the handbrake on. I do not believe this action would breach any laws.