Parking ticket for parking in my own parking spot.

slewuk

Hi All, 

first time posting, I am just wondering if anyone can share some advise on the below.

I bought a house a couple of years ago and with it came a parking spot in a shared parking area. The whole Estate is managed by a property management group and they employ UKPC to check the area for cars without parking permits etc. 

Having Parked my car in my parking spot, admittedly without a permit, I received a ticket which prompted me to pay for the permit which took a few days to arrive and pay the early parking fine for a cheaper amount. Issue resolved I had thought. 

Today I received 2 more fines, for the 2 days after the original fine, during which I was waiting for the permit to arrive in the post. This came as a surprise as there were no notifications attached to the car so I was not aware of these. Frustratingly the Parking appeals website has photos 'apparently' showing these notices on the car, though they do not appear to be actually stuck down to me!

I have proof I bought the permit from the Estate Management company the day before these 2 fines and so it was in the post. Would this be enough to appeal the tickets?

I assume telling them I own the spot and shouldn't be find for parking in my own parking spot is not going to do anything! Also I assume stating that I never got the tickets would not help me at all either??

do I have a leg to stand on in appealing this or am I just going to have to pay??

Any advice would be appreciated!

Half_way

These are not fines, ignore any signs, what rights, ie in your lease do you have to the parking space? 

Le_Kirk

Complain bitterly and strongly to the Estate Management Company that, through their incompetence, you have received PCNs.  What does your lease state about the parking situation?  Does it state categorically that you MUST display a permit.  After all you own the space through your lease!  The management company must have contracted with UKPC so they can INSTRUCT them to cancel the PCN(s)
There is a standard announcement marked NEWBIES, suggest you read that and also some other "own space" posts.

Umkomaas

You don't pay this outfit anything, the fact you have is what brings them back for more. 

UKPC should be treading very carefully on private property, particularly in light of their mauling at the hands of Roger Davey QC.  

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

Tell them that your property is on all fours with that of Mr Davey, and you too will be issuing an injunction against them. Demand a refund of the monies you have already paid them, that they place your vehicle VRM on a white list, not to trespass on your property again at any time now or in the future, or you will sue them without further warning. 

Coupon-mad

What’s the gap in days between the parking event with the supposedly affixed PCNs on the windscreen and the date of the Notice to Keeper in each case?

You should never have paid the first one and you might have to consider moving out. I am not joking - I have no idea why people move into flats that have a PPC infesting the car park. They ruin lives. This is not a suitable place to live with the likes of ex-clampers UKPC marauding around and doing what sounds to me like alleged ‘ghost ticketing’. 

Try to catch them at it (ghost ticketing = putting a PCN envelope on a windscreen for the photo then removing it) and you will get them banned by the DVLA if the DVLA  still has any teeth.  Ghost ticketing is prohibited. You’d need to get video evidence so please keep your eyes open and capture that conduct one day/night.

slewuk

Thanks Everyone for the answers so far! 

I think I have a fair bit of reading to do!

I have actually reached out to the property management group and they have advised that they will follow up with the Parking company about this! I will not hold my breath but at least they seem to be willing to talk to them about it!

The Roger Davey QC, link was brilliant! As far as I can tell it is the same situation. In the housing documents I have dug up so far, the parking bay is highlighted in the HM land Registry doc as what I now own having bought the house. So hopefully I can use this should there be any pushback! 

Again! thank everyone, I'll post about how I get on incase anyone wants closer

Coupon-mad

Please answer my question, it’s important.

Half_way

Your opening post raises a few issues, and as such you must be very careful in what you say to the management company.
For now it's really important that you do not say anything until we (and you) know the facts.

The following question may sound daft, but your answer may help......

Question: Would you find it acceptable if you were told that you need to apply for/pay for a permit to use your lavatory after 10 pm, and if you didn't have a permit then would you find it acceptable to pay a lavatory fee of £100 (reduced to £60 for early payment) for each time the lavatory was used between 10pm and 8am?


Ridiculous I know, but your answer to the above will help us to help you

D_P_Dance

For the record, AFAIAA Mr Davey is not "learned in the law".

Half_way

I have actually reached out to the property management group and they have advised that they will follow up with the Parking company about this! I will not hold my breath but at least they seem to be willing to talk to them about it!

What did you say??? As mentioned its important to say the correct things, and going by your opening post this is even more so important

gain! thank everyone, I'll post about how I get on incase anyone wants closer

I will be surprised if you get a satisfactory result, you may get lucky and get an "as a gesture of goodwill on this one occasion we will blah  blah balh..."

As mentioned by coupon-mad the question needs an answer, as does the one about accepting a permit to use the lavatory.

You also need to know what rights you have to the parking space - is it part of the property?

if its a communal car park is it on a first come first get basis ?

 you need to look beyond what any parking company signage may say, beyond what it may say on any permit and find out what pre existing rights exist to park these will almost always override any requirement to show a permit

This is important.

 If you have paid for a permit, or even paid a parking charge notice for the use of your own space, this is not fatal but you will need to tread carefully - that is where the question about paying for a permit to use the lavatory comes in to play.

 

Again you need to find you your pre existing rights to the space/area, for any avoidance of doubt this is critical

As for the current issues again, the question b Coupon mad is important.

 until you let us know the facts then any help will be limitied.

In theory you may have a valid claim against the management company and the boot could be on the other foot so to speak.

 but without the correct information you can not be helped