PPS parking ticket in my own space

Arielc · 13 April 2018 at 12:10PM

Hi

My management company has recently in the last few months authorised Pps to manage the parking in the parking spots. I have spoken to the management company and they said that it is at the behest of the directors.

My lease shows my space outlined and I don't see any where that they have the ability to impose such sanctions. I haven't been issued with a ticket yet, but somone that visited me got a ticket on my space.

I have spoken to the management company and they insist it's legal to have Pps operating on our land and challenged me to get a solicitor to prove it to them.

It's 24 flats in the blocks and the management company is going on the instructions of the two directors which I haven't spoken to (though one resident said that another resident had 6 cars and only one space and that's why they decided to go down this route as they were parking everywhere)

I'm finding it difficult to have people over and give them the badge every time they drop in. It came to the point that I was thinking of selling and I spoke to an estate agent but he said its lost some value because of the signs warning of getting a ticket, I'm not surprised because I wouldn't have bought the place had I known.

Any advice on what I can do? Should I look for a solicitor that can fight this bearing in mind I would have to pay twice. Once for my solicitor and again for a higher service charge for the managements representation of the flats.

Thanks for any advice.

nosferatu1001 · 13 April 2018 at 12:22PM

Check your lease
Look for
1) rights of third parties act 1999 mention
2) rights to peaceable enjoyment
3) rights for the MA / MC to impose new regulations and how they can do so.

If you are SURE Yo uhave this locked down, then you send a cease and desist to your MC, instructing them to cease trespassing in yoru demised space, acting in breach of your lease. Should they fail to instruct their agents to cease harassment you will be forced to obtain an injunction against them, at their expense.

The_Deep · 13 April 2018 at 12:39PM

My lease shows my space outlined

So it is your demised property, it belongs to you, you are in control, read this.

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Have fun!

Arielc · 15 April 2018 at 2:45PM

Hi

I spoke to my MA on Friday and they didn't want to hear anything about the legality of what was mentioned In the posts below. They seem to be saying they will only accept challenges on the legal aspect from a solicitor and have challenged me to hire one to get to the bottom of this.

I don't want to start racking up fees and not sure what rights I have to challenge this since I haven't actually gotten a ticket myself as others have on the forum and they take the parking company to court for trespassing.

I've looked over the lease a couple of times and didn't find any reference to right if third parties act.

I have found a section regarding the right to peacefully enjoyment in my lease and also a section in the definition on of premises that states that it includes the car parking station shown edged in red.

Is their a template of a letter I can send to then to cease harassment or should I hire a solicitor to make it more official?

I suspect they will just say that their legal advisors say its OK, should I then point them to the legal case that was linked below or work out how to go about starting an injunction?

I'm very new to this and have been reading lots but I hate feeling that this company is profiting on the backs of our land and our management agent isn't intrested in listening to us. I wouldn't mind as much if this money was going towards our service charge but it's just going to some dirt company that profits from scaremongering vulnerable people.

I suspect that many of the flats are rented and the landlords won't do anything unless their money is at stake (which it is because tenants don't want these restrictions).

Thanks for your help

Ariel

The_Deep · 15 April 2018 at 3:41PM

You have no need to engage a solicitor, all the information you need is on the internet.

Read these,

https://www.parkingcowboys.co.uk/residential-parking/

https://bmpa.zendesk.com/hc/en-us/articles/213801109-Parking-Control-Management-Roboclaim-Residential-site

https://bmpa.zendesk.com/hc/en-us/sections/115000492465-Residential-parking-problems

google "parking fine" +"own space", comb Parking Prankster's blog.

Get this right and you can cost the hundreds, but it is not painting by numbers, you will need to burn the midnight oil.

KeithP · 15 April 2018 at 4:29PM

The Deep, unfortunately those BMPA links throw up this message:

Bummer. It looks like the help center at bmpa.zendesk.com no longer exists.

Let's hope it is only temporary.

Guys_Dad · 15 April 2018 at 5:16PM

Send the MA a letter telling them that you, as leaseholder, give them notice that your parking space must be removed from the contract they have with the PPC. Inform them that the terms in your lease have primacy and that any attempt to charge cars parked in that space will be seen as harassment and court action against the management company and PPC will follow,

Also, if one of the regulars can give a link to any other recent court cases that were won on primacy of lease, then please supply OP with that case . When you have that, make reference in your letter to MA and include the relevant case info.

I am looking for cases and here is one, but only on a forum. Looking for a newspaper report !

R. Davey v UKPC,Winchester Crown Court 23rd January 2013
https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Fruitcake · 15 April 2018 at 9:38PM

There is some info here on the Parking Prankster's blogspot about residential parking.

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

Coupon-mad · 16 April 2018 at 1:49AM

KeithP wrote: »

The Deep, unfortunately those BMPA links throw up this message:
Bummer. It looks like the help center at bmpa.zendesk.com no longer exists.
Let's hope it is only temporary.

http://forums.moneysavingexpert.com/showthread.php?p=74167046#post74167046

They are migrating to PADI and you can adapt the links to work.

PPS parking ticket in my own space

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