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

Trainerman

KeithP said:

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

Absolutely agree. It doesn't say that anywhere. Where did you get that idea?? Don't go 'spooking' yourself !

Coupon-mad

Even the single add-on of £60 won't get allowed by a canny Judge. Gladstones / PPM cases are so easy to defend.

  

ItayD

Half_way said:

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

By pro active you mean I need to send them more emails other than the 2 appeals I already submitted?

• First appeal to the company itself --> (parkingandpropertymanagement.co.uk) and was rejected
• Second appeal to IAS - Rejected

On both I provided the AST with my rights on the bay.

It was ignored.

Should I be pro-active and keep on sending them emails or should I just wait for the "Claim Form (N1)" and ignore everything from now on?

Coupon-mad

Coupon-mad said:

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.

Just do the above. Preparation. This could take years to get to court and you (or PPM) might move out in the meantime, so gather good pictures & evidence now.

You told us:

"This is my parking spot, and I legally paying for it through my lease contract,"

So you pay a private landlord (flat leaseholder) not a Housing Association?

Extra money for the parking space, or all within the monthly rent?

How exactly does your AST define your rights over that bay?

Half_way

ItayD said:

Half_way said:

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

By pro active you mean I need to send them more emails other than the 2 appeals I already submitted?

• First appeal to the company itself --> (parkingandpropertymanagement.co.uk) and was rejected
• Second appeal to IAS - Rejected

On both I provided the AST with my rights on the bay.

It was ignored.

Should I be pro-active and keep on sending them emails or should I just wait for the "Claim Form (N1)" and ignore everything from now on?

Pro active is going for the management company who imposed the parking company

fisherjim

You need to calm down and read everything properly you are going off at tangents, stabbing in the dark and imagining all sorts of things that aren't there.

You need to take in what the regulars on here are saying.

Have you read the newbies thread yet?

Private Parking Companies are not Authorities they are just a bunch of get rich quick scammers, they don't listen to reason, they don't consider your appeals, they don't care.

PPC's only make money on your mistakes, they actually want you to make mistakes it's how they buy Villas and BMW's

The IAS is in on the scam they only accept around 4% of appeals.

You had an invoice that you were invited to pay, you told them you did not agree, you told a sham appeals service why you didn't owe the money, they upheld their promise to their paymasters and said you do.

Debt collectors (who are on a no win no fee contract) that aren't actually collecting a real debt will then make even more spurious claims but can be ignored.

The only way you can be told to actually pay this is if a judge looks over all the evidence and makes a decision.

In short this is an unregulated industry full of dodgy people that do and say anything to get your cash, and you can't trust any of them.

ItayD

Coupon-mad said:

Coupon-mad said:

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.

Just do the above. Preparation. This could take years to get to court and you (or PPM) might move out in the meantime, so gather good pictures & evidence now.

You told us:

"This is my parking spot, and I legally paying for it through my lease contract,"

So you pay a private landlord (flat leaseholder) not a Housing Association?

Extra money for the parking space, or all within the monthly rent?

How exactly does your AST define your rights over that bay?

For your question: "How exactly does your AST define your rights over that bay?"

There indication about the parking is marked in the documents as follows: 

"1.    The Landlord agrees to let to the Tenant, and the Tenant agrees to take a tenancy of the flat, known as and forming Flat XX, The YYY Building, ZZ Road, London <postcode> (the "Property"), for use as residential premises only. The Flat is rented as fully furnished and includes full kitchen appliances. Additionally, the rental includes a private parking space at bay 7 in the building's parking area."

Coupon-mad

OK so the private landlord is effectively giving you the right to use the bay.

ItayD

Hi All 

I just received a response from the a debt company after I informed them that I received their notice and changed address.

They wrote:

"The Appellant is correct that a right in a lease would ordinarily have primacy, and the Operator could not unilaterally override this. however, by agreeing to display a permit, and take part in the car park management scheme, the Appellant has waived any rights they had to park without restriction."

(See full letter below)

My questions to this forum are:

1. Do I have any chance if I take this to court? Should I respond to the legal firm again?

2. I also want to argue that it took a long time for the first ticket to arrive by post. In the meantime, although they took a photo of the car, they didn't leave any notice on the car itself, which would have alerted me that the permit had fallen. This delay resulted in me receiving a total of four tickets before the first one even arrived in the mail.

Full letter from the "legal" debt collection company:

Thank you for contacting us, please find our response below: We can confirm that your address has been updated accordingly on our file. We note that you escalated your appeal to the Independent Appeals Service, who rejected your appeal and advised 'The Appellant claims to have rights under their lease. Firstly the document provided makes no reference to the Appellant. I am unable to allow the appeal on this basis. The Appellant is correct that a right in a lease would ordinarily have primacy, and the Operator could not unilaterally override this. however, by agreeing to display a permit, and take part in the car park management scheme, the Appellant has waived any rights they had to park without restriction. The Appellant cannot take advantage of the scheme when it benefits them and disregard it when it does not.' Our Client's position remains the same as previously advised, and the full balance remains due and owing. Should you continue to dispute the matter, we suggest you seek independent legal advice. Please contact us within 14 days to make payment or propose a suitable repayment arrangement. Failure to do so may lead to our Client's instruction to issue legal proceedings to recover the balance due.  If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query. You can also log into our Customer Portal by clicking XXX and go to the Contact History of your account to view or respond to the contact.

 

Yours sincerely,

BW Legal

Coupon-mad

The IAS Assessor was talking out of their bum!  Permit schemes do not mean you have "waived your resident's rights". How dare an IAS Assessor (non-impartial, anonymous) newly qualified 'legal' oik suggest that!

Jeez, the IAS gets worse...

Such a massively onerous interference with lease rights and easements would be an unfair term (Consumer Rights Act 2015) and would be unenforceable.

Please show the full IAS assessment as I want to use it as evidence for the MHCLG.

I really hope you have rejected the permit scheme completely now.  You are paying for exclusive use of that bay!  You don't let a third party operate a commercial car park offer at £100 per day allowing all-comers to use your bay that you enjoy an exclusive right to use.