PCN Issued Against Tradesman Using My Parking Bay

mazzadonna

Hi,

I had a PCN issued against a tradesman that was using my parking bay space by PCM. Unfortunately, I didn't read the thread on MSE until after I had my appeal with the IAS rejected. 

I am the freeholder of the property and I believe I am the freeholder of the parking bay because in the title deeds it says:

"The Freehold land shown edged with red on the plan of the above title filed at the Registry and being my_address and parking space".

However, I am not certain. There is an estate management company in charge of managing the communal areas and the leasehold properties in the estate (it is a mix of freehold and leasehold). I was not informed by anyone since moving into the property that I must display a permit when using my parking bay although there are two PCM signs at the end of the parking lot on a fence saying they are controlled by them. 

I don't know whether I should refuse to pay the ticket. My main worry is that the case will be against the tradesman because I named him as the driver in the IAS appeal and the car is registered to him. All correspondence with PCN has been with me as far as I know. Will the inevitable court summons be for him? I will have to pay the ticket if it is as I do not want to get him into trouble and he will understandably not be happy if he receives this or any debt collection letters.

If the court summons is against myself, do you think I have a guaranteed chance of winning?

Thanks in advance

Gr1pr

There won't be any summons, its not a criminal matter, so not against him or you 

If you named the driver, with their address, PCM UK will chase them up for the invoice 

The court CLAIM will arise from the CNBC in Northampton using MCOL, against the driver, if known 

If they don't have the driver details, it would be against the keeper 

Fruitcake

You should complain to the landowner and managing agent and instruct whoever employed the unregulated private parking company to cancel the charge as issuing it has breached your lease/tenancy/freehold rights.

You should warn the tradesperson that they will probably receive a NTD. If they deny being the driver, or ignore it, the charge should revert to you as keeper. However, the PPC may decide to pursue the poor unsuspecting tradesperson, so tell them to come to this forum and start their own thread if that happens.

Unfortunately you may now find yourself blacklisted by this trader/tradesperson, which may knock on to other trades as well. Worse still, you may have problems receiving deliveries, and friends and relatives and medical professionals being targeted.

Half_way

ukpc vs davey

you could tell the parking company that you authorised the vehicle to park there and the vehicle was in your space with your permission and as such you are the authorised user of the space.
 

Gr1pr

Half_way said:

ukpc vs davey

you could tell the parking company that you authorised the vehicle to park there and the vehicle was in your space with your permission and as such you are the authorised user of the space.
 

As above, link below 

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-issuing-pcns-on-our-private-business-land-without-a-contract-off-to-court-ukpc-liable-for-trespass-success/

D_P_Dance

Unfortunately you may now find yourself blacklisted by this trader/tradesperson,

Unlikely surely?  Especually were you to join forces with them to beat the scammer,

KoalaMSEF

We are in a block with both freeholders and leaseholders. P&P management had a sticky note (i.e., signage) on the freeholder's side and ticketed the freeholder's car(s). Don't know how the freeholder dealt with the PCNs, but I do know they got the matter to their own hands, took off the sticky note and replaced it with a private land sign on their parking bay.

- Contact the management company who introduced the parking control for the communal area ASAP, complain loud, demand them to cancel the PCNs, opt out your space from the enforcement area, and if they don't do anything, you can make a claim against the MA for trespass because this is your land and you are the landowner (if you are the freeholder). 

- Don't worry about the IAS (it's the most ridiculous thing I've ever seen), but what IAS said exactly, did they say that you have to follow the landowner's terms of use? Complain to that Management company. 

Coupon-mad

If the court summons is against myself, do you think I have a guaranteed chance of winning?

Yep. 100% because you were neither the driver nor the keeper. No question of liability.  No summons either!  It's not a criminal trial.

You will never pay this.

And yes you are the freeholder of the bay and you MUST STOP PCM from policing your bay immediately.

Opt out of their useless moneymaking scheme NOW and refuse to display a permit and tell them in writing that this is trespass by PCM.  You never accepted their scheme.  Your land is not to be offered out to all-comers as a commercial car parking space at £100 per day. You are and were at all material times the freehold owner of that bay.  It is not 'common areas' and is not theirs to trespass in nor offer to the driving public under a jumped up contract.

Please show us the IAS decision.  Dying to see that one!

Johnersh

If the o/p has named the trader, surely he'll just pay it and add it to your bill on the basis that you told him to park there? 

fisherjim

"I had a PCN issued against a tradesman that was using my parking bay space by PCM. Unfortunately, I didn't read the thread on MSE until after I had my appeal with the IAS rejected".

Sorry this makes no sense, if you were neither the driver, or the keeper of the vehicle they cannot accept an appeal from you!

Half_way

fisherjim said:

"I had a PCN issued against a tradesman that was using my parking bay space by PCM. Unfortunately, I didn't read the thread on MSE until after I had my appeal with the IAS rejected".

Sorry this makes no sense, if you were neither the driver, or the keeper of the vehicle they cannot accept an appeal from you!

If the parking company is now sending its crap to the OP then this is good as it will defect the rubbish to the third party.

 The next stage is to get rid of the PPC completely