Advice for Parking Tickets issued for Parking in own Bay

Clipse

Hi, Ive been trying to get some advice please because I'm not sure what to else do except maybe pay for a solicitor and take this to court because its not my fault and just causing me loads of grief while I'm already stressed out from work.

Long story short, I took a short break and left my car at home parked in my own bay only to come back and find 5x tickets issued by the private parking company. Reason being parked in the incorrect bay. I have been parking in the same bay for over 4 years but apparently the permit issued to me by the management company on behalf of the parking company was incorrect because it states 'X' and the Bay is 'XX'. So at some point I found that my bay was re-painted again and I didn't even notice that it changed so my permit was incorrect but nobody re-issued me with a new permit or made me aware of this.

I also had a saga with the same parking company 4 years ago when they where introduced by the management company because no permit was issued to me so I was just issued fines for everyday of the week. They rejected my appeals and independent appeal but I managed to get the management company to intervene and get tickets cancelled, then eventually a permit was issued. Only to find out 4 years later that the permit is now incorrect.

So currently the appeal for my 5x tickets have been rejected and I didn't have a chance to appeal to IAS because I have recently had an accident that caused me to be in and out of hospital. Now the IAS appeal is closed and I have been sent letters by the parking company to pay £500 worth of parking tickets. The management company said they have tried to speak to the parking company and cannot assist which I find hard to believe.

I paid £10 to get the correct permit and prevent the further buildup of parking tickets. The parking company then offered to cancel 4 tickets as a 'good will gesture' and pay for just 1 ticket but I refused to pay for parking on my own property.

I have been to citizens advice and other legal advice workshops but nobody seems to be able to help or advise.

Was wondering if my documentation for land ownership can be used to take them to court if I need to or anything else because I have done nothing wrong here. This is my property and I should be allowed to park on it without any issues. Otherwise with my parking permit I should be allowed to park on someone else's car park space for Bay X which is just wrong on that person.

I have read most of the forums online and seen that most of the people have won appeals but they were for just 1 parking ticket whereas having 5 might make a stronger case for them to fight me.

Coupon-mad

You don't need a solicitor.  We are genuine experts in this field as we do this every day despite not being solicitors (most of us).  It's not an appeal you want, it's a court claim to defend.

I have been to citizens advice and other legal advice workshops but nobody seems to be able to help or advise.

Yep, sadly, CAB are useless about this area of law.  We are knowledgeable.

I paid £10 to get the correct permit and prevent the further buildup of parking tickets. The parking company then offered to cancel 4 tickets as a 'good will gesture' and pay for just 1 ticket but I refused to pay for parking on my own property.

We don't blame you.  Keep all your evidence and fight it when they send a court claim. They don't have a strong case, you do.

You could do as suggested by @ParkingMad on another thread this past week, and write setting out your evidence, telling them this alleged debt is very clearly disputed and not 'collectible' by a third party.  Forbid them to send the case to the industry's own unregulated 'debt recovery' intimidating thugs nor to add the false 'costs' that the Govt has banned in the new Code of Practice.

Tell them if they think they have a case against a resident with primacy of contract they should send a LBC and court claim without adding the imaginary fixed £70 per PCN costs designed to 'extort money' (DLUHC's words from the new Code)..

Not_A_Hope

Firstly I would be a bit more forceful with the management company to get the PCNS cancelled as it was their fault the wrong permit was issued. If you have paid in the past the PPC us probably seeing you as as soft touch. It is possible that by offering you a goodwill gesture of only paying for one PCN they know they are unlikely to win in court. Most PPCs don't know what fair or goodwill actually mean.

Have a good look at your tenancy or lease agreement as to what is actually required for parking / permits. Your agreement takes primacy over any contract between the management company and PPC. If it doesn't mention parking / permits that is also good for your case. You may have simply being displaying a permit even if faulty as a courtesy not an actual requirement. 

Clipse

Appreciate the advice both. 

After I posted this yesterday evening I sent a follow up email to the parking company complaining that they are harassing me for money and now they replied back saying they will no longer be replying to my emails. The guy on the phone also refuses to talk and just tries to get rid of anyone that calls.

So regarding the management company, I have copied them in all the emails and spoken to them a number of times but they are so bad to deal with and the people that look after my area 
keep changing. They have been a nightmare since they took over and only ever do something if my neighbours collectively complain directly to them but anyway that's another off topic issue. 

My lease agreement has no mention of parking enforcement or permits because they only got introduced maybe 6 months later but how I would I enforce this? Do I just send them an email?

We don't blame you.  Keep all your evidence and fight it when they send a court claim. They don't have a strong case, you do.

You could do as suggested by @ParkingMad on another thread this past week, and write setting out your evidence, telling them this alleged debt is very clearly disputed and not 'collectible' by a third party.  Forbid them to send the case to the industry's own unregulated 'debt recovery' intimidating thugs nor to add the false 'costs' that the Govt has banned in the new Code of Practice.

Tell them if they think they have a case against a resident with primacy of contract they should send a LBC and court claim without adding the imaginary fixed £70 per PCN costs designed to 'extort money' (DLUHC's words from the new Code)..

Coupon-mad I will try a follow up email stating what you mentioned. However if that doesn't work and they don't reply back like stated to me this morning then do I just wait for them to send a court claim and ignore all the payment request or debt recovery letters? Is that how I can take this to court?

Half_way

Was their a ballot of residents before the management company allowed the PPC to operate?

You say the bay is labelled XX but the permit says X, is bay XX your own bay?

Do not under any circumstance pay this, and do not pay for a permit both of those bits are very important

 if you have paid for a permit, its important that you ask/tell the management company that you have been lied to as you do not need a permit, do not agree to the scheme and want a refund - again its very important that you show that you object to this scheme

Clipse

No there wasn't a ballot but the parking did get a bit out of control with the residents because not everyone has parking bays and yes bay XX is my own bay.

Do not under any circumstance pay this, and do not pay for a permit both of those bits are very important 

 if you have paid for a permit, its important that you ask/tell the management company that you have been lied to as you do not need a permit, do not agree to the scheme and want a refund - again its very important that you show that you object to this scheme 

Thanks, will include this in my response.

Also my neighbour just informed me about another resident that had the same issue. They kept ticketing his car and eventually clamped it after he refused to acknowledge or pay. Trying to find out who the person is or if they even still live here because there is a different car parked in that bay now but its displaying a new permit. I guess they moved onto me afterwards so curious to know what happened to them in the end.

Coupon-mad

Private clamping has been illegal for ten years. That cannot have happened, unless the victim stupidly ignored a court claim and thereby invited a CCJ/bailiff situation.

Half_way

Please post anything you want to send ( minus personal data) on here first - as there is a risk of shooting ones self in the foot .

Also when was the vehicle clamped?

 there is a chance this is a self ticketing site, and even a possibility that the person who claims to have been clamped/witness the clamping could be the self ticketer out to guarantee their bounty.

Please answer these questions, as they will affect things going forward

 

Was their a ballot of residents before the management company allowed the PPC to operate?

You say the bay is labelled XX but the permit says X, is bay XX your own bay?

Also as previous do not send anything to anyone without posting it here ( minus personal data) here first

Clipse

Sure will post what I am going to send here first before sending any replies.

Also when was the vehicle clamped? 

 

Was their a ballot of residents before the management company allowed the PPC to operate?

You say the bay is labelled XX but the permit says X, is bay XX your own bay?

The vehicle was clamped in February.

No there was no ballot.

My bay is XX for example but I have not used the actual correct letters.


Also before I draft my email just thought that I would share the PPC signage that they posted around the area to check if there is anything else that might need to be considered in my response.

Not sure if I should state the PPC name but the signage states:

Private Land Contactual Agreement 

Parking in this area is permitted for:

Vehicles fully displaying a valid permit parked within the confines of the correct allocated bay.

By Parking or Remaining at this site otherwise than in accordance with the above, You the driver are agreeing to the contractual terms:

You agree to pay a parking charge within 28 days. this is reduced if paid within 14 days.

You will be liable for additional parking charges for each and any subsequent 24 hour period (or part thereof) that the vehicle remains or if it returns at any time.

If the parking charge payment is not received within 28 days of issue, the vehicle keepers details may be requested from the DVLA. Enforcement action will incur an additional cost which will be added to the parking charge.

Coupon-mad

Please tell us which PPC this is; we always need to know the PPC and it's not a problem to name and shame.

The clamping was a bailiff then, not the parking firm (because private clamping without a Court Order is illegal).  Your neighbour ignored a court claim, which you are not going to do!

You realise that with no ballot the scheme is unlawful?  This is all over the forum on other own space threads.  The ballot had to reach consensus of leaseholders (NOT tenants, BTW) and they had to agree by at least 75% consenting to the change of their leases to allow this scam permit scheme and risk of charge (with not more than 10% dissenting).

A MA can't just interfere with leases and introduce new charges on a whim.

Clipse

Its Link Parking