help with rules and what to do with residential parking fines

confusedblonde87

I need help. I have read a few threads relating to this but nothing quite specific enough or there's a lot of legal jargon that my little blonde brain can't quite comprehend. I have asked chat gpt but would rather hear from real life people.

Back story…. I brought a shared ownership property in Aug 2023. The estate was still being built when we moved in. There was no private parking company operating then, we were told there would be parking management implemented at some point but not details on what that meant. May 2024 we were issued permits and told enforcement would start. We have an allocated space.

We got 3 tickets issued early on for parking either on the road or in spaces that are designated for the commercial units or EV cars (I think with a permit or disabled badge I cant quite remember) 2 of which i managed to win an appeal on, the other one was out of time, I asked for it to be included but it wasn't and I am now fighting a CCJ against it.

Slowly the estate filled up and everyone was more aware of where they can and can't park etc. and the parking attendants obviously would recognize the residents cars and there were no issues for a year and half.

All of a sudden they have gone on the war path and gone ticket mad. Issued a ticket for parking in my own space as the permit wasn't visible.. has been plenty of times this has been the case before but no ticket issued. and one for parking in a commercial bay with the permit showing. We thought maybe a new attendant but no same one. They also used to come sporadically now seem to be multiple times a week. Everyone in the estate seems to be having issues now.

We are a low income housing development with a mixture of shared ownership/ help to buy and council/ HA tenants. We cannot afford to be paying £50/£100 a time to park on our own estate. It seems like they are just trying to profit off us rather than stopping others from outside the estate stealing our spaces.

Someone else spoke to the housing association who own the land and the response was "the 8 commercial spaces are first come first served and do not have permits. so if he was parked within one of those spaces a ticket should not have been issued"

My question is

The signage around the estate says "by remaining in the controlled area you agree to be bound by the terms set out below." but if I purchased my property before these terms were issued what if I don't agree to be bound by any terms? Can they be imposed on me when I was here first? I just want to be able to park at my own home with out the stress of threats of fines and increased fines and legal action.

Also the company in question do not have a secure payment option ( you can send a cheque, fill out my card details on the slip on the parking charge and post to them or call a number that will charge me more) I do not feel safe with any of these options. Is this still allowed?

Is there anything else I can do to not feel harassed all the time or constantly worried about ticket and/or fighting them?? It is exhausting

(apart from of course always making sure my permit is visible and parking on my own space, which isn't always possible if someone has pinched it)

Le_Kirk

What does your lease/contract say about parking; more importantly, what does it not say about parking? Does it state anywhere that you MUST display a permit? Did you sign anything that tied you in to a contract with a parking company? Signs cannot override your lease/contract. Was a ballot of tenants/residents carried out in accordance with the Landlord & Tenant Act 1987 and if so, when and what was the outcome? If you didn't sign a contract with a parking company, you could write to them and tell them that you are not playing their games and you withdraw from their permit scheme and they must stop running a car park on your designated space.

confusedblonde87

https://forums.moneysavingexpert.com/discussion/comment/81915925#Comment_81915925

This is what my lease says "The right to use the Parking Space (if any) or such alternative Parking Space as may be allocated by the Landlord from time to time as a parking area for one domestic motorcar not exceeding 2.25 tonnes (gross laden weight) or motorcycle in a taxed sound and roadworthy condition only and not for any other purpose.
Parking Space means the parking space(s) numbered 29 and shown edged green on the Plan;"

although it is not actually numbered 29 its numbered 70 but on the plan its that space, i think our plot number is 29

Coupon-mad

Which parking firm?

confusedblonde87

https://forums.moneysavingexpert.com/discussion/comment/81916082#Comment_81916082

OPC

Coupon-mad

Observices?

eddddy

Le_Kirk said

Was a ballot of tenants/residents carried out in accordance with the Landlord & Tenant Act 1987 and if so, when and what was the outcome?

It's probably worth mentioning again that the idea about a "ballot of tenants/residents… in accordance with the Landlord & Tenant Act 1987" is a myth.

A Housing Association / Management company is likely to know the details of the Landlord & Tenant Act 1987 and know it's nonsense. So you might lose credibility (and look a bit daft), if you mention it to them.

(I think this myth came about because somebody said it in their defence against a PPC. The PPC didn't challenge it, presumably because they had never looked at the LTA 1987. And the judge didn't question it, presumably because he/she wasn't familiar with the LTA 1987 either.

But Housing Associations, Freeholders, Management companies etc are likely to be familiar with the LTA 1987)

confusedblonde87

https://forums.moneysavingexpert.com/discussion/comment/81918045#Comment_81918045

yes

Le_Kirk

https://forums.moneysavingexpert.com/discussion/comment/81918210#Comment_81918210

Has the Landlord & Tenant Act been repealed or otherwise made obsolete by Government decree or similar? As far as I am aware it is still current. Would welcome any feedback on this with pointers to the statutes; if you are correct, I will stop suggesting posters use it.

eddddy

Le_Kirk said

Has the Landlord & Tenant Act been repealed or otherwise made obsolete by Government decree or similar?

No - the LTA hasn't been repealed. The problem seems to be that you have misunderstood it.

Here is the full text of the LTA 1987 https://www.legislation.gov.uk/ukpga/1987/31/contents Can you point to the part that you are referring to?

My guess is that you're thinking of section 37 https://www.legislation.gov.uk/ukpga/1987/31/section/37

If you are thinking of section 37 - that's about making an application to a tribunal for a lease variation.

Getting a lease variation through a tribunal is a very, very big deal. It will typically involve:

1. Solicitors for the freeholder drafting a proposed lease variation
2. Serving notices on leaseholders
3. Solicitors for the leaseholders reviewing the proposed lease variation
4. Solicitors for Mortgage lenders reviewing the proposed lease variation
5. Maybe some negotiation on wording/terms to get sufficient leaseholders to agree
6. A minimum of 75% of leaseholders agreeing to the final proposed lease variation (in simplified terms)
7. An application is made to the tribunal
8. A hearing at a tribunal (which is similar to a court hearing)
9. The tribunal judge might accept or reject the application
10. More legal notices served on leaseholders
11. Freeholders signing deeds with witnesses
12. Leaseholders signing deeds with witnesses
13. Registering the lease variations with Land Registry

A leaseholder would know if those 13 steps (and many more) had happened - they wouldn't have to ask their freeholder or management company.

I guess your reference to a "ballot" relates to point 6 in the above list.

But that is more likely to be leaseholders' solicitors writing a formal letter to the freeholder's solicitor confirming that they support the lease variation.

So a valid statement to a freeholder or management company could be (in some circumstances) something like…

"If you want to vary leases to allow a PPC to operate, and you believe that you can achieve the support of 75% of the leaseholders, you can make an application to a tribunal, under section 37 of the LTA.

Unless / until you make that application and the tribunal approves the lease variation, and it is actioned, the current terms of the lease apply"