We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Parking in own space/IAS as Kangaroo court/complaint to MA and freeholder
Options
Comments
-
Thanks for the info! Fruitcake. This is very useful for the article I'm currently planning to write, as I am still collecting 'data' and waiting for the landlord's rep to do their investigation.2
-
The following links may also be of interest - perhaps it may be possible to complain to the Chartered Trading Standards Institute and/or the Lead Adjudicator (similar to POPLA complaints - I am sure BH will be very helpful)?:-
https://www.theias.org/faqs
https://www.theias.org/brandings/1/resources/IAS Report_2022-2023.pdf
However the 2022-2023 report above on page 6 does state "The IAS did not encounter any “systematic or significant” problems between motorists and parking operators"4 -
Updates: I've rewritten a very long LBC to landlord and sent a short version of facts known to us as a formal complaint to the freeholder before sending out the LBC. Separately, we sent a short message to inform the MA that we intended to bring a claim against them.
In the complaint to the freeholder, we screenshot the PPC's claim about "landlord's condition" "landlord's terms of use, which in this case is in the signage" from IAS and asked the freeholder to confirm whether they have changed our lease with the NEW terms of use that Parking & Property claims to enforce.
MA continued to ignore us, but freeholder responded, who prompted MA to respond and speak to PPC. Now MA said that all charges have been cancelled. Again, we need to have written confirmation, as the scumbag BW Legal continued to send letter on behalf of parking and property management. This was the third time that Parking & Property promised so, first to us directly, then through MA, and now to MA and landlord's representative.
We have also informed the MA and landlord formally that we opt out the whole scheme run by parking and property management. The bogus permit will be taken off from our car after 10 days from the day MA received our opt-out email (we are nice enough to give them a grace period). Any further charges we receive after this period will be redirected to the MA. There is no way we will speak to an unconnected third party, which has no place in our Lease.
When receiving final demand from BW legal, my OH also emailed the local MP (labour newly elected), asking him to intervene and champion/campaign for regulating the unregulated private parking industry. We highlighted the problem of extorting money knowing that we are genuine new residents, disregarding laws, abusing process that you can't opt out until you paid £20 to opt in first, stigmatising leasehold properties, among other issues. I am also very happy to share my tentative research findings of how this industry works to maximise profits and minimising cost by threatening, bullying, and extorting monies from motorists with non-disputable rights of using their own parking bay.
The MP said he would intervene but advised us to seek advice from CAB, which we said to offer poor advice and fob working people off.
I do not have too much hope for MPs but again, MPs need education and every little helps. They need to be aware why leasehold is a problem in E&W that contributes to the housing crisis, why this problem is exacerbated by MA and their crony bloodsucking PPCs.
Anyway, we are waiting for formal confirmation of cancellation and opt-out. I won't be surprised if this got messed up again because of the sheer incompetence of these companies. I may need to email MA and landlord again for the confirmation and/or fresh charges after opt-out. We will see.3 -
Yep I reckon this isn't the last of it for you. PPCs have no place in residential car parks. PPM need removing completely.I think this 'landmark' case could also be useful to you. I found it yesterday when randomly Googling to read about Newman v Jones (an unreported case).DUCHESS OF BEDFORD HOUSE RTM COMPANY LIMITED & ORS V CAMPDEN HILL GATE LTD [2023] EWCA Civ 1470It reaffirms residential parking rights using not only a fair interpretation of the lease but also section 62 of the Law of Property Act 1925.It's a Court of Appeal authority (the Supreme Court refused an application to appeal it):
https://www.edwincoe.com/blogs/main/the-supreme-court-has-effectively-confirmed-the-approach-of-the-court-of-appeal-in-applying-the-rule-in-newman-v-jones-and-on-how-to-interpret-lease-clauses/That case reaffirmed leaseholders' rights under section 62 to use 'first come first served' bays in a car parking area at their estate:"The residents of Duchess of Bedford House are relieved and delighted at this decision. After having had their right to park restricted by parking tickets and even clamping for periods over the last 30 years, they can park in the road outside their flats with full confidence in their right to do so."
Even Shakespeare Martineau blogged about it:
https://www.shma.co.uk/our-thoughts/duchess-of-bedford-house-case-have-we-gone-parking-mad/
Throw it at the MA next. Get PPM removed.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD3 -
Thanks Coupon_mad.
I read an old Times article dated 2008 talking about unallocated parking might be different. The new case you just shared seemed about unallocated parking.
Judging by the date of the Times article, this problem has been well over 15 years... but getting worse and worse I suppose.
1 -
Yes that case I showed you was about first come first served bays. This latest case trumps another decision from 2008 (no idea which Kensington case it was).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD3 -
Don't expect the IAS to provide any useful information. Their annual report doesn't reveal much and when I requested specific numbers of appeals and how many were allowed/dismissed, the response I got was
"The report published is all that is required of us as an ADR body, and this has been approved by the CTSI.Due to this we are unable to provide any further stats."
Completely unacceptable.Always remember to abide by Space Corps Directive 39436175880932/B:
'All nations attending the conference are only allocated one parking space.'7 -
My interpretation is zero. The interest transfer between IAS, IPC, and PPCs who belong to IPC is clear. Trace the money, you get the answer. You can't be a player and a referee at the same time. It shouldn't happen here. But hey ho, welcome to the PPC-land.
I just wonder why regulators do nothing? How many people who are renters, who have no cultural capital to fight for such injustice, and who are too scared by all these seemingly legit letters, get ripped off every single day?
Pathetically, PPM even went to the landowner complaining that people park without permit???!!! They didn't mention that they would be too over the moon for it (£100 an invoice). Obviously, as they continue to spread lies and paint themselves as little angel, they will conveniently 'forget' that we do not need to display anything.
I wonder how much money/what interest MA has got from PPCs? Some said their MAs pay nothing to PPM so PPM makes money entirely from ticketing residents. We have 1k allocated for parking management in the budget, assuming PPM received some fee from the MA. If so, it is even more unacceptable as we pay for their services and we got extorted. Of course, it depends on how the dimwit MA signed the contract. They are much of a problem as PPCs in residential cases.
2 -
Of course, it depends on how the dimwit MA signed the contract. They are much of a problem as PPCs in residential cases.As we see here so often.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street2 -
" Obviously, as they continue to spread lies and paint themselves as little angel, they will conveniently 'forget' that we do not need to display anything."
Which of course the DVLA (where most of these scams (Hansard) start) has been aware of for years but still shamelessly refuse to practice due diligence and duty of care as they collect £millions at £2.50 a pop. Just saying.3
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards