Advice for Parking Tickets issued for Parking in own Bay

Clipse

I've been reading up the IPC code of practice and found this:

23 Authority to Operate on the Land.
23.1 If an Operator is issuing Parking Charges on land which is not owned by them, they must have written permission from the Landowner to operate on the Private Land.

Thinking to use this against them and started to draft an email. I could 

Dear Sir Madam,

Parking Charge Notice []: Vehicle Registration []

In regards to the PCNs issued I would like to outline the below.

According to section 23.1 of the IPC Code of Practice, the operator is not allowed to issue parking charges on land which is not owned by them unless written premission is provided from the landowner.  In accordance with this code of practice, I am the owner of the land where you have issued me a ticket as per the attached land registry document which is proof of my land. No written consent was given by me for you to operate on this land and therefore you do not have the authority to issue me with tickets demanding payment regardless of any permits on display.

23 Authority to Operate on the Land.
23.1 If an Operator is issuing Parking Charges on land which is not owned by them, they must have written permission from the Landowner to operate on the Private Land.

Furthermore, I understand you do not own the car park and you have given me no information about your policy with the management company, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Not_A_Hope

If you do have a land registry document showing that you actually own the land they are trying to scam you for it sounds like an outright win to me. Being IPC scammers they might not give up as that would earn them nothing - but if they persist to court a judge would almost certainly find in your favour.

I wouldn't state 'Furthermore I understand', I would state 'Furthermore as you do not own the land'. I wouldn't be thanking them either and you should not be referring to BPA guidelines for an IPC  affiliated company

Clipse

Thanks! that was actually a copy paste from another thread that I thought would help my case but I'll remove it then. Was good to have some proof read before I sent anything.

Will send them an email and see if they respond, even though they said they won't be replying back to my emails.

Coupon-mad

Ate you the owner of the bay, shown in title deeds?  That isn't the same as having an allocated bay.

More important to use against them is the law (Landlord & Tenant Act, as we've already explained) not just the vague and self-serving IPC CoP.

Have you now opted your bay out of this moneymaking scheme and told the MA you have never accepted a permit scheme which works against residents' interests and interferes with the peaceful enjoyment of their property?  Then set out the L&T Act and tell them they had to get consensus from the leasehold owners before foisting any onerous and unreasonable changes onto residents (certainly unreasonable because one poor resident was hounded and targeted by bailiffs with a clamp this year and ripped off for a huge sum of money that no resident has agreed in advance).

Clipse

@Coupon-mad yes I have the official land registry document which shows I'm the owner as per the Propiertorship Register.
Will take that into account into my next response.

So they responded back:

Dear Sir,

We will not be providing you with a copy of our confidential agreement with our client.

We can confirm that we have authority to issues charges on the land in question. It is also noted that you have not questioned this authority in the several years that we have been managing it.

Yours Sincerely

Link Parking Ltd

Not_A_Hope

Lots of PPCs brazenly 'confirm they have authority' when they don't and are surprisingly unwilling to provide any proof. If the PPCs 'client' don't own the land they can't have given them authority to issue charges unless the MA have balloted all the residents / owners and got agreement

Le_Kirk

Clipse said:

Dear Sir,

1. We will not be providing you with a copy of our confidential agreement with our client.

2.  We can confirm that we have authority to issues charges on the land in question. It is also noted that you have not questioned this authority in the several years that we have been managing it.

1. Let's see if they tell the judge that!  As one judge said to a claimant "bring your toothbrush" and we'll see how long inside you get for contempt of court.
2.  There has been no need as this is the first time a PCN has been issued!  (If it is)

Clipse

2.  There has been no need as this is the first time a PCN has been issued!  (If it is)

Actually its the second incident but they cancelled all the tickets the first time because I wasn't even issued a permit so I didn't even take any notice until they started to target me again.

So question is do I continue to reply back or just wait for a court claim if they are going to continue to act tough behind their keyboards?

Coupon-mad

Tell them you had no idea they thought they were 'managing' your owned land and only ever displayed a permit as a courtesy to communicate to other residents that this is your bay.  Attach the Land Registry proof and tell them every time they set foot in your bay(s) they are trespassing.  A lack of objection cannot be seen as landowner agreement for Link to run a business behind your back with onerous risks of charges for parking on your owned land. That's an absurd presumption for a trespassing parking firm to make and legally not allowed.

They must cease and desist and never had (and will never have) authority to issue any car in your bay with a parking charge.

They (nor any other PPC)  are NOT authorised by you to operate their grubby rogue industry moneymaking scheme on that piece of land that you own, and you forbid their operatives from setting foot in that bay, or parking any vehicle there when ticketing other hapless victim residents.

Copy in the MA and tell them they and their agents have caused a derogation from grant and must immediately order their notorious ex-clamper agents to cancel any 'charges' and stop sniffing around your bay, which is privately owned and any 'permit scheme' does not lawfully apply.

Refer them to the L&T Act as discussed on loads of threads over the years.

Here's one memorable thread where the PPC were removed by leaseholders up in arms:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p3

Shows you an idea what to write.  You should get other leaseholders who own their bays to join you.

Umkomaas

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