Help needed: multiple tickets in a row for parking outside my own house

fisherjim

Also tell them you are going to report them to the BPA (they are corporate members) and the SRA for obvious misrepresentation of authority, it is not a Penalty Charge Notice and they should know that unless they are incompetent!

happysoul99

So I've sent them a reply as instructed above @Coupon-mad
and this is what they came back with. They're clearly dodging the question:



They also do not seem to appreciate direct emails. They quickly replied with this email, stating that the email address is not longer valid:

junglist_matty

I feel your pain!!! --- One of the many reasons I'll never ever consider buying any property that is not freehold! I hate property management companies, they're a complete scam as well as the "parking companies" ---- good luck

Coupon-mad

happysoul99 said:

So I've sent them a reply as instructed above @Coupon-mad
and this is what they came back with. They're clearly dodging the question:



They also do not seem to appreciate direct emails. They quickly replied with this email, stating that the email address is not longer valid:

They haven't answered.  They swerved it again.

Repeat your question or ask your MP to ask it for you.  MPs will.

Not_A_Hope

I have called the land owners to complain, and their response was that (I paraphrase): They have delegated day-to-day management of the "entire" estate to this management company. And therefore, as "directors" of the estate, they have all the powers to decide whether they wish introduce parking restrictions, without having to ask the Landowner for prior permission. The land owners have confirmed that they were not aware of any parking restrictions, and that they don't really need or want to know about such matters.

Usually to enforce any charges on private land PPCs have to demonstrate they have the written authority of the landowner. Doesn’t sound like the landowners knew anything about this scam so cannot of signed any agreement. Perhaps a document showing they have ‘delegated authority’ might satisfy the court. Other forum members might advise. 

However as the residents of street C have voted with their feet not to purchase permits I suspect they have not been balloted on the proposed parking restrictions as they would have rejected the proposal. If so the management company have failed in their legal obligations.

happysoul99

Not_A_Hope said:

I have called the land owners to complain, and their response was that (I paraphrase): They have delegated day-to-day management of the "entire" estate to this management company. And therefore, as "directors" of the estate, they have all the powers to decide whether they wish introduce parking restrictions, without having to ask the Landowner for prior permission. The land owners have confirmed that they were not aware of any parking restrictions, and that they don't really need or want to know about such matters.

Usually to enforce any charges on private land PPCs have to demonstrate they have the written authority of the landowner. Doesn’t sound like the landowners knew anything about this scam so cannot of signed any agreement. Perhaps a document showing they have ‘delegated authority’ might satisfy the court. Other forum members might advise. 

However as the residents of street C have voted with their feet not to purchase permits I suspect they have not been balloted on the proposed parking restrictions as they would have rejected the proposal. If so the management company have failed in their legal obligations.

When I tried to raise the matter with the landowners directly (a while back), they explicitly told me that they have "delegated authority" to the Estate Management firm, who in turn engaged the PPM, and that "there was nothing that they could do to help me".

Not_A_Hope

When I tried to raise the matter with the landowners directly (a while back), they explicitly told me that they have "delegated authority" to the Estate Management firm, who in turn engaged the PPM, and that "there was nothing that they could do to help me".

But if the PPC decides they are going to take this to court they will have to prove that they have the full written authority that flows from the landowner  to put this parking scheme in place. They will also have to demonstrate they have complied with the law in terms of consultation. Sounds like they have just imposed it.

happysoul99

I've asked them again as instructed, and this was their reply

Coupon-mad

LOL at that rude penultimate paragraph!  Flipping heck, we 'internet parking gurus' (IPC's phrase) win in 99% of defended cases and they will know that.

Do you fancy reporting BW Legal to HMRC for saying that a debt recovery fee element 'isn't subject to VAT'?  They've put that In writing too which suggests (allegedly, based on this evidence) that they aren't invoicing the parking firms for the VAT element of their fee.

That's odd, given that debt recovery fees (howsoever described) ARE subject to VAT.   And BW Legal can't be operating completely free (albeit it's likely a no win no fee arrangement and VAT only comes into play on cases where the person pays it). But they are saying VAT doesn't apply!

Hmmm...let's let HMRC decide.

Does this meant that all parking DRAs are not invoicing their clients for VAT?  Hmmm...! That's not how debt recovery works in the outside world. They must be taking a fee for the 'service' (for successful cases) and the service is primarily debt recovery.

They even offer payment plans and there is no way they don't deduct a fee from the PPC's monies returned, for that service.  Here's proof of BW Legal offering payment plans:

Also, it's time to report them to the SRA for calling parking charge a penalty (misleading) and for seemingly operating without invoicing clients for VAT on the DRA fees they collect & keep, unless they suddenly prove otherwise (or I'm wrong on this, but I've looked at other DRA models and HMRC rules recently).