Devere - ticket for parking in own space

ossie48

Hi...A few years back I went through the POPLA process and successfully appealed against ParkingEye for a family member (overstay in Aldi). It got a little stressful but I stayed calm and we got there in the end. 

Well the same family member has now flown the nest and lives in a flat with a dedicated underground parking space. The other night they received a  handwritten ticket from Devere for not displaying their permit which was in her glove box. 
As it stands Devere have no idea who the registered keeper is but are demanding the £60 and all the usual scare tactics on the ticket.

We have done nothing yet (only two days ago) . Bearing in mind they actually pay for the space and according to the lease pays for the parking company to enforce parking I'm reaching out to find the best INITIAL course of action.

Do you recommend contacting the management company initially or going straight down the usual channels in relation to appeal / Popla etc. To me this is something that should be knocked straight on the head but knowing Devere they would take it to the wire no matter who's entitled to park there. My guess is Deveres next move would be to obtain keeper details from DVLA ...do we wait for that? 

Thanks 

Half_way

what rights does she have to that space? is it hers? does it come with the flat?

ossie48

Yes, its their dedicated space and comes with the flat. They're all numbered.  

Redx

Check what her lease or AST says about displaying the permit at all times

What makes you believe that popla might be an option ?

ossie48

Redx said:

Check what her lease or AST says about displaying the permit at all times

What makes you believe that popla might be an option ?

I'll get back to them about the lease. I threw POPLA back in as I'm probably a little out of touch. I'm reading back through the Newbie thread as we speak trying to find something that matches this scenario. 

Redx

The scenario is typical of an own space ticket where the permit wasn't being displayed

Her AST or lease will say if it should be displayed or not , or won't say at all

Devere is IPC , no popla at all , not since 2014 , so you are well out of date by 6 years

Devere will reject the appeal , regardless

An MA cancellation is best in these cases , asap

Nothing unique about the case , it's about non display of the permit , not about paying for the space

ossie48

Yep, many thanks, dipping my toe back in the water. I see from the sticky Devere is IPC.
Advise would appear to be complain to management company first, then wait for Notice to keeper to come to address ?
Can you elaborate on what an MA cancellation is...does that relate to the complaint to the management company?
  

Redx

You are correct

A means Agent

ossie48

That's great, thankyou. 

D_P_Dance

Have you read this?Have you 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, 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.

Half_way

The lease/AST is absolutely critical

 assuming all is clear..

 You also need to make sure that the Managing Agent/company knows that you have/are only displaying a permit out of a courtesy as the lease/ASt grants use of the space and has primacy of contract.