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Fined for parking in own leashold space

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  • Half_way
    Half_way Posts: 7,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Its important that you are pro active in dealing with this, as for their assertions that you have accepted this by displaying a permit, the counter to this would be that you have only been displaying a permit as a courtesy as you have no obligation to do so, and as such you may no longer display such a thing and that you will return the permit upon receipt of a pre paid envelope in which to do so.
    you should also copy the management company in on this, and remind them that they are jointly and severally liable for the actions of their agents.
     Ask the management company what due diligence was carried out to check that they had the right to impose a private parking company on your property, as  your lease confers to you pre existing rights that can not be subsequently removed, and as such you understand that your personal data has been accessed by the management company without just cause possibly putting the managemetn company and its officers (personally) in breach of the GDPR (regulations) over the actions of its agents.

    You may get a response along the lines of the management company using reasonable adjustments for smooth running etc, the counter to this is that it is wholly unreasonable to allow an unregulated private  parking company onto the property, and that neither the International Parking Community (IPC) or the British Pakring Association limited are regulatory or saltatory authorities, merely private trade associations neither of which offer anything that could be deemed as an independent appeals system


    As for whitelists, in these situations they are nothing more than a sticky plaster/ temporary solution, what if your vehicle is damaged and you have a hire vehicle, hire company will pay the parking company and then charge you plus an admin fee on top- sort ing that mess out is a pain the backside to say the least, likewise if you change vehicle, have friends or family round, builders, plumbers etc etc etc.
     The only acceptable solution would be for any PPC to be removed
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You could have found the answer to this in seconds by visiting google.  
    You never know how far you can go until you go too far.
  • Further to previous help with PCM attempting to fine us for parking in our own space, we have taken on board the advice given us and have prepared our appeal. This has to be lodged with IAS by the 29th May. Having gone on their site ready to upload , they refuse to upload unless we click the box which says we are willing to accept arbitration - which of course we will not accept.. They also say that ONLY online appeals may be made. It is a sort of heads we win tails you lose scenario. I would be grateful for advice about what to do next. Thanks.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    @Jonsunrise, can you now please delete that post you made on someone else's thread? Thanks.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 May 2020 at 1:09PM
    Let them take you to court.  From what you have told us you have primacy of contract and therefore they have little chance.  You might well also have grounds for a counter claim under harassment, trespass, data or housing legislation grounds..  
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Further to previous help with PCM attempting to fine us for parking in our own space, we have taken on board the advice given us and have prepared our appeal. This has to be lodged with IAS by the 29th May. Having gone on their site ready to upload , they refuse to upload unless we click the box which says we are willing to accept arbitration - which of course we will not accept.. They also say that ONLY online appeals may be made. It is a sort of heads we win tails you lose scenario. I would be grateful for advice about what to do next. Thanks.
    Where was the advice given to appeal to the IAS?
    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
  • Jonsunrise
    Jonsunrise Posts: 7 Forumite
    First Anniversary First Post
    Thanks for all these comments. I can certainly get back and say that we will not go through their appeal route. I actually have an email address of one of the PCM people pushing this through against us, the management company forgot to delete it from one of their emails to me! Looking back there was confusion about the 'appeal'. We were advised to appeal - I now believe that advice was to do with PCM's internal processes not the IAS, but that is my misunderstanding at the time. I am on such a steep learning curve with this. I realised that IAS was prejudiced but to be forced to tick certain boxes as you make an appeal  not only destroys their claims of credibility, but also the very appearance of credibility itself. Part of the steep learning curve is this is my very first time on exchange of view sites like this, which is how I came to put an entry on the wrong thread. I do apologise for the annoyance this has caused. I will try my best to delete it, but will have to find out how to do it first,
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We were advised to appeal - I now believe that advice was to do with PCM's internal processes not the IAS,
    Correct. 
    I will try my best to delete it, but will have to find out how to do it first,
    It's easy. Click on the gear wheel symbol (top right of your post you wish to delete) and you'll get the option to delete the post. Simply confirm that and whoosh .....

    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
  • Le_Kirk
    Le_Kirk Posts: 24,675 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 22 May 2020 at 6:00PM
    Umkomaas said:
    I will try my best to delete it, but will have to find out how to do it first,
    It's easy. Click on the gear wheel symbol (top right of your post you wish to delete) and you'll get the option to delete the post. Simply confirm that and whoosh .....
    But copy it and paste it into a new thread first!  Unless of course you've already done that.  ETA.  Aha, I see you've done that; this is your thread.  Good.
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @Jonsunrise - any progress on this please?  There has been some first class and very detailed advice given and it's always useful to learn if/how it has helped. 
    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
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