I received Multiple Tickets from Parking & Property Management LTD on my own parking spot.

ItayD

Hi All 

I am looking for legal advise whether I have a case in court with the property management or I better pay off 4 fines they gave me

Facts:

1. I am a tenant and my lease includes a specific parking bay I am using.
2. On a certain occasion, I misplaced the permit.
3. A few days later, I received the first fine by post.
4. They didn't leave any note on the car and it took them few days to send the notification by post - due to that it gave them the gap to give me 3 more fines till I fixed the problem.
5. People on behalf of this company are coming and taking a photo of the car by they do not bother to leave any note on the car itself. (Why would them if they can get more money out of you) 
6. I tried to appeal in every possible way, but my appeal was rejected. even after I presented the contract lease and the permit.
7. I now have 4 tickets for 100£ each and the company are threatening to raise it to 160£ each if I wont pay.

My Questions Are:

1. Do I stand any chance in court?
2. Claim 1: Why they do not bother to leave any note on the car if they are already there?
   • If they had done that, I would have had the chance to fix the issue and pay a single fine instead of four.
3. Claim 2: This is my parking spot, and I legally paying for it through my lease contract, 

I would appreciate any advice or similar experiences that could help me understand my position and potential next steps. Thank you in advance for your help!

Fruitcake

This is not a legal forum. We are not permitted nor qualified to give legal advice, but we can advise you on the court claim process and how to defend yourself.

You have not received any fines.

Plan A is always a complaint to the landowner.

Who employed the parking company? Have you complained to them if they are not the landowner?

What does your lease say about parking, unregulated private parking companies, permits, parking charge notices, paying them, court, and your right to quiet enjoyment?
What it doesn't say is equally important.
Has an application ever been made to vary your lease as required by Part IV, para 37 of the Landlord and Tenant Act 1987?

Debt collectors are powerless and can safely be ignored. Do not ignore a letter of/before claim, or a court claim.

Coupon-mad

As above. These are NOT 'fines'!

Certainly do NOT pay PPM.

But tell them if you move house, obviously, in case of a court claim to defend in future. Easy to defend but do gather evidence now such as photos of the signs/lack of signs, and a downloaded/saved full copy of your AST (or your lease if you own the flat).

If you are paying for exclusive use of that bay why in earth haven't you opted the bay out of the permit scheme?  You don't need any 'permit' nor PPM trespassing on your land. Opt out immediately.

ItayD

I've filed a complaint with the building management regarding the parking management company they hired. Unfortunately, the building management has been unhelpful and refuses to mediate the situation. They insist that a permit must be displayed, even though I own the parking space as per my lease, and saying it can happen that a tent will get a PPM if the permit is not displayed.

This feels like a scam, but I'm unsure of the legalities. If this goes to court, is it possible that I could be forced to pay the fines even though the parking space is included in my lease? Can they argue that the absence of a permit alone justifies the fines?

The parking company in question is "parkingandpropertymanagement.co.uk"

I've received another warning stating that since I appealed, I lost the right to pay the reduced amount, and now it's £100 per ticket (I have four tickets). They also mentioned that if I don't pay by the end of the month, the amount will increase to £160 per ticket.

I'm worried that by the time this reaches court, it could take several months, and they might claim additional charges of £60 per month for each ticket.

fisherjim

Why are you ignoring the advice given you have been told they are NOT FINES they cannot add on £60 per month for each ticket, they are debt collectors fees that another dodgy company will try to add which is yet another scam.

You are dealing with a two bit money making parking company and it looks like a two bit building management company as well, they are there to look after your interests not to penalise you with stupid parking invoices.

Yes it's a money making scam, the parking company want you to break their made up rules because they want money that's all, they do nothing to enhance your quiet enjoyment of your property, they only hassle you.

Read the newbies thread on here and prepare to fight the idiots, the regulars on here see this day in day out, why would you pay to park in your own spot!

Half_way

Go back to the management company, state that you have no requirement to show a permit and you have only been doing so as a courtesy and not as an obligation,as your lease/rental agreement takes priority over the unreasonable imposition of a third party un regulated parking company.

 Tell them that they are jointly and severally liable for the actions of their agents ( the unregulated parking company) and you are surprised that they have seen fit to sub-let your space out to such a third party company to the value of £100/day and as such you may seek this sum from the management company at £ XXX ( cost of parking charge notice per day) multiplied by the number of days at a total cost of £xxx upto (date)

 Tell them that "as a gesture of goodwill" you will be willing to drop this and any GDPR related claim against the management company on the following conditions:

1: the immediate cancellation of all parking charge notices

2: the immediate removal of the un regulated parking company

3: Any future parking company is fully regulated

4: A Ballot is carried out of residents/leaseholders etc as per the landlord and tenants act before a replacement regulated parking company is imposed

 - note neither the IPC or the BPA are regulators and any regulated parking company they impose must not be members of either organisation

 

Coupon-mad

£60 per month? Where did you get that from?

That's not how it works and almost no Judges allow the £60/£70 admin fees anyway!

We know exactly what we are doing. Trust us.

Grizebeck

Why are you ignoring good advice 

Half_way

Another thing is it's vitality important that you are pro active on trying to put at so to this nonsense from the parking company and management company. 
There are certain key wires you need to use, such as: 
Unreasonable 

Unregulated

Principal (management company) liable for agents (parking company)
And so on

ItayD

Regarding the +60£ every month. it says that on the PCN (I attached it here)

Also the signs are well located. (attached an image as well)

As for the GDPR claim, what is my case here? I think they got my details not from the building management company but from DVLI or something. I assume they are allowed to do so otherwise how will they send their PPM?

(Image removed by Forum Team)

KeithP

I can see nothing in that notice or on that sign that says they add £60 every month.

However, I can see the vehicle keeper's surname together with the PCN reference number on that notice.
I see that you have masked one occurrence, but the PCN ref no still remains visible in clear text three further times.