PPS PCN - Parked in my own space

genestrone

Hi,
I'd like to start with mentioning I've read countless threads here trying to figure out my point of attack, but don't feel confident with the situation I am in.  Any advice and thoughts would be much appreciated.
I live in a flat which has it's own private parking.  I pay an extra £100 / month for the parking on top of the lease (!).  The car park is controlled by PPS and I have been ticketed for not displaying my ticket (I simply forgot to move it from my glove compartment to windscreen).
I tried contacting the building manager who said he can do nothing about the ticket.  The only thing I think I have to move forward with is the fact nowhere did I agree to have the parking space manned by an external company.  
I'd really like to stick it to them as it's my third ticket now, but don't feel I have much to go on. I am well aware of the newbies guide and understand where to go from here, but would like to get other opinions on the situation.
Thanks

genestrone

I'd like to also add.  My parking space is a dedicated space just for me, which even has its own bollard with key that only I have access to!

Fruitcake

What does your lease/AST say about the parking space, or is it actually owned by you and appears on the Land Registry as such?
That will have primacy of contract over anything an unregulated third party scammer has to say.

Whoever employed the scammers is responsible for this mess and they need to sort this out otherwise they they will be appearing in court if it gets that far.

genestrone

My tenancy agreement has a very short part relating to parking as follows:

The building manager says the landlord of my flat owns the parking space and can do with it what he wishes.  I'm not sure who's contracted this private parking company.  I have a copy of the original lease that the landlord signed and it doesn't mention anything of interest relating to parking.

genestrone

Sorry to double post again, but to make it clear, I rent the flat, I am not the landlord.

KeithP

genestrone said:

My tenancy agreement has a very short part relating to parking as follows:

The building manager says the landlord of my flat owns the parking space and can do with it what he wishes.

...and you told us earlier that you have the key to the bollard protecting that space. I guess your landlord provided that key - possibly via the letting agent.

The building manager is right, and clearly the landlord wishes you to use that parking space.

Coupon-mad

I'd really like to stick it to them as it's my third ticket now,

We agree.  This is untenable.  Do this then, threaten an injunction and tell them they are trespassing on your demised land:

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

If they continue, go to a solicitor, get an emergency injunction and get the solicitor to sue the parking firm for all the costs and an added sum for harassment.  Surely you HAVEN'T paid the previous two false tickets?  You are due that money back, if so, and more.

genestrone

Coupon-mad said:

I'd really like to stick it to them as it's my third ticket now,

We agree.  This is untenable.  Do this then, threaten an injunction and tell them they are trespassing on your demised land:

If they continue, go to a solicitor, get an emergency injunction and get the solicitor to sue the parking firm for all the costs and an added sum for harassment.  Surely you HAVEN'T paid the previous two false tickets?  You are due that money back, if so, and more.

Thanks for the response. Should I go ahead with this before waiting the 25/26 days?

Coupon-mad

Appealing is fairly pointless so I'd go in hard now and if you have previously paid two of these - wow - demand the money back.

Copy in the Managing agents as well.  Escalate this complaint, prove the space is yours and and absolutely INSIST that they MUST stop trespassing (and pay you back for the monies extracted under false pretences) or you will get an emergency injunction to stop them interfering with your quiet enjoyment of your property and in particular, your exclusive, locked, private parking space.  Tell them they are not authorised to operate their business on your land.

Fruitcake

You might find a solicitor that will give you a free half hour or hour long consultation, but will of course charge for any work required as a result. Some unions and employers offer access to free legal services.

You might find that an insurance product or bank account has free legal cover that may assist. 

Do threaten the injunction, and at the same time send a cease and desist instruction to the scammers, withdrawing any implied right of access to your demised property. 

Please tell us if you have already payed any of the scamvoices you have received.

Note that what your lease does not say about parking, parking scammers, parking schemes, scamvoices, and court claims is just as important as what it does say.

D_P_Dance

Read these

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

https://forums.moneysavingexpert.com/discussion/6242993/court-report-brentford-telephone-ukpc-roasted/p1

If this does go to court consider a counter claim for harassment/misuse to data/breech od housing Act rights to quiet enjoyment.  Google "primacy of contract".  and complain to your MP.  These companies have no place in residential car parks.