PCN - Parking & Property Management Ltd.

penniejane

I live in a property and have a permit to park in any spot marked HAP. On one day, first time this has happened in 3 years of living here, I became unwell while driving home from work and my permit fell off the window. I felt so poorly that I didn't notice. I was ill for 3 days (due an operation) and went out once better to find a parking charge. I appealed but the refused it. Any advice? My neighbour has had this but nothing happened so far. Another neighbour had one and went to court but company no-show.

Fruitcake

What does your lease/AST say about parking, permits, parking charges, court claims? What it doesn't say is just as important.
If there is no requirement in your lease/AST to display a permit, then nothing a third party scammer says can take away your existing rights to park. Was a ballot of all residents carried out in accordance with part IV, para 37 of the Landlord and Tenant Act 1987 allowing the scammers to scam?

https://www.legislation.gov.uk/ukpga/1987/31/contents

Have you read the sticky thread for NEWBIES yet?

What happened when you and your neighbours complained to the landowner/management agent who employed the parking scammer? Have you thought about starting a fightback group to get the scammers kicked out?

Have you complained to your MP yet about this unregulated scam?

Get pics of the site and signage, and dig out your lease/AST.

D_P_Dance

Please read this

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

What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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,

Just as the clampers were finally closed down, so hopefully will many 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/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

penniejane

Fruitcake said:

What does your lease/AST say about parking, permits, parking charges, court claims? What it doesn't say is just as important.

Was a ballot of all residents carried out in accordance with part IV, para 37 of the Landlord and Tenant Act 1987 allowing the scammers to scam?  https://www.legislation.gov.uk/ukpga/1987/31/contents

What happened when you and your neighbours complained to the landowner/management agent who employed the parking scammer? Have you thought about starting a fightback group to get the scammers kicked out?

Have you complained to your MP yet about this unregulated scam?

Get pics of the site and signage, and dig out your lease/AST.

Hi Fruitcake
1. My lease/AST says:
(ii) To comply with any parking permit rules that we may issue.  We may withdraw a parking permit if you are in breath of an clause of this tenancy agreement.
(iv) To comply with any parking or penalty notices or fines issued to you by us or any parking management company managing the estate.
2. Is it worth doing a ballot?
3. As it is in my tenancy agreement, should I still complain to my MP?

D_P_Dance

(iv) To comply with any parking or penalty notices or fines issued to you by us or any parking management company managing the estate.

Only Local Authorites, TFL, police, railways, airports, etc can impose fines or penalties on members of the public.  The conditon therefore is meaningless imo.   Complain to your MP.  

Coupon-mad

To comply with any parking or penalty notices or fines

What a terrible clause for a MA to include in a resident's lease.  It almost says 'you must pay an unproven debt'!

D_P_Dance

WRT the ballot, read this

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Fruitcake

PinkPJs said:

Fruitcake said:

What does your lease/AST say about parking, permits, parking charges, court claims? What it doesn't say is just as important.

Was a ballot of all residents carried out in accordance with part IV, para 37 of the Landlord and Tenant Act 1987 allowing the scammers to scam?  https://www.legislation.gov.uk/ukpga/1987/31/contents

What happened when you and your neighbours complained to the landowner/management agent who employed the parking scammer? Have you thought about starting a fightback group to get the scammers kicked out?

Have you complained to your MP yet about this unregulated scam?

Get pics of the site and signage, and dig out your lease/AST.

Hi Fruitcake
1. My lease/AST says:
(ii) To comply with any parking permit rules that we may issue.  We may withdraw a parking permit if you are in breath of an clause of this tenancy agreement.
(iv) To comply with any parking or penalty notices or fines issued to you by us or any parking management company managing the estate.
2. Is it worth doing a ballot?
3. As it is in my tenancy agreement, should I still complain to my MP?

Blimey, what a Goddess awful clause. You need to get out of there pronto!
I would suggest that such a clause is an unfair contract term.

Who are "We"?

Is there a head lease allowing an MA to introduce such a scheme to the detriment of residents? Has the landowner/MA provided the parking "rules"? Was a copy of the "rules" given to you when you moved in? Does the scam scheme specifically allow scammers to issue charges and court claims? Was the parking scheme in force when you moved in? 
Have you been shown a copy of the alleged contract between the landowner and parking scammers, or a contract flowing from the landowner allowing the MA to form a contract with the scammers?

You can't do a ballot, but you can ask when (not if) it was done, and what was the result, especially if the scam was introduced after you moved in.

penniejane

What do I do now?
I ignored the letters and appealed the charge of £100.  My appeal has since then been declined and a further charge added and accruing £160.  They will now add interest, court fees and solicitor's costs if I don't pay within 30 days of the letter, dated 16th Feb 2021.
Is there anything I can do?
Many thanks in advance.
If you need to ask me to read previous threads, please be specific as I have eye problems and cannot read a lot of information.

nosferatu1001

Thew newbies thread covers this - debt collectors - and all the way up to getting a letter before claim
They make up figures out of thin air just to frighten you. 

nosferatu1001

given it says 30 days, does it state they WILL take you to court?
If so it mayt be a letter before claim./ Trouble  is your paraphrasing does not help