Flat owner parking spot

Therese1

Hi,  
I just want to check for a friend. 
Each flat (owned) has an allocated parking spot.  The “rules” changed to say MUST display Permit.  Usually always do, but this day her 3yr old was ill and getting him out and to home was her priority. Forgot to display the permit. 
Sent an appeal and was rejected ....words to the effect of “if we let you off then we will risk having to let others off” 

Am I correct in thinking she should either ignore or send them a £10 cheque with a “cash this and we are quits”? 

Thanks 

T

KeithP

Therese1 said:

Am I correct in thinking she should either ignore or send them a £10 cheque with a “cash this and we are quits”? 

No, you are not correct in thinking that.

Who is the private parking company?

Fruitcake

Therese1 said:

Hi,  
I just want to check for a friend. 
Each flat (owned) has an allocated parking spot.  The “rules” changed to say MUST display Permit.  Usually always do, but this day her 3yr old was ill and getting him out and to home was her priority. Forgot to display the permit. 
Sent an appeal and was rejected ....words to the effect of “if we let you off then we will risk having to let others off” 

Am I correct in thinking she should either ignore or send them a £10 cheque with a “cash this and we are quits”? 

Thanks 

T

Neither. The advice to ignore has not been given here since the law changed in 2012. 
Sending anything less than the full amount will result in the scammers demanding the full amount because they have hooked a fish.

The friend should come here and read the sticky thread for NEWBIES after they have read their lease/AST to see what it says and doesn't say about parking, permits, PCNs, and court claims. The NEWBIES was just underneath where you clicked on the  button, and asks posters to read it before starting a thread.

You trying to do this as an intermediary will result in deadlines being missed and confusion about information being given.

The friend should also complain to the landowner/MA and their MP about this unregulated scam.

The friend should also look up the Landlord and Tenant Act, section 37, to see what it says about the "rules" being changed without first balloting every resident. The friend should then ask the landlord and/or MA when (not if) this ballot took place and what the result was. Without it, it is illegal to change a tenant's rights.

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

BrownTrout

Sounds like PPM or Most likely PCM

Therese1

Thank you! It is Parking and Property Management Ltd.  

search is is on for Management Agent comms re the change. 

Fruitcake

Therese1 said:

Thank you! It is Parking and Property Management Ltd.  

search is is on for Management Agent comms re the change. 

I doubt a ballot will have been held, but the question needs to be asked WHEN it was carried out, and the relevant part of the above Act (law) quoted pointing out that not doing so is unlawful and the MA or whoever appointed the scammers will be jointly liable for the actions of their agent.

Ask other residents if they have been adversely affected as well. Forming an action group is a good idea to get the tickets cancelled and the scammers kicked out, or all residents parking spaces and vehicles put on a whitelist.

Your friend's lease/AST will have primacy of contract over anything a scammer says. 

Have a look at this.

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

Therese1

There was a ballot, it didn’t go in my friends favour. 

Coupon-mad

Read other PPM Gladstones threads to find how easy they are to beat in the local courts.  Some Judges are striking out these cases without a hearing.  Which is the registered keeper's nearest county court, many are very very good re these scam PCNs.  

There is no risk, no CCJ in play as long as the recipient of the letters doesn't ignore a court claim and tells them if she moves house, so she doesn't miss a court claim arriving in the post.

Fruitcake

Therese1 said:

There was a ballot, it didn’t go in my friends favour. 

So everyone was balloted in accordance with the Act, at least 75% were in favour of being scammed, and no more than 10% against being scammed?
Other rules apply if there were ten leases (residences).

Your friend needs to move.

D_P_Dance

1.  The “rules” changed to say MUST display Permit.

What rules,  who drafted them, managing agents and PPC parasites cannot alter your leasehold rights,  all that matter is what the lease says.  Read these.

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

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, and an independent appeals service will be set up,


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.

Therese1

Thank you everyone for your help.  
My friend and I are working on this together -we spent 2hrs on Zoom last night reading, discussing and digesting all of the fab info on the NEWBIES Thread and elsewhere on here.  

A few questions...

- does it matter that her first (rejected) appeal on their online process includes her “confirmation” that she was the driver? Their form cleverly asked for a yes/no here? 
- the homeowners lease from the Management Agent hasn’t changed since the ballot and so does not specifically say “permits must be shown”.  Does the Plan B letter need to be tweeked to confirm this?  Does a photocopy of evidence need to be included in the Plan B letter?

- “ignore 14 days, it’s a bribe”.... we hear this but are still nervous.  £60 to £100 jump is big in current circumstances. 

- should the Plan B letter also go to the Management Agent...or....do we say “if you are unhappy, speak to the Management Agent from now on”? 
 
Thank you once again! 
T (and T)