Parking advice from the wise of NSC

[larus]

I live in an apartment where we have pre-allocated parking bays and /or garages. When I bought the apartment, on the lease it shows my bay and there is also a name plate (with the apartment number) on it.

The residents association have recently appointed a parking company to monitor the parking as some people abuse the 'unloading' areas (restricted to 30 mins) and park there overnight/all day. So, we've been given a card which we should stick on our dash board when parking. The system started about 2 weeks ago.

Since then I've forgotten twice to put the card on my dashboard and have received 2 penalty notices. I replied to the first one and told them that the bay was mine and they could see from my name/address that it was linked to the bay. They asked for proof of the parking permit, but I was irritated by this, so I told them that it was my bay and there's nothing they can do about it. They replied today and said the appeal was closed and they wold be instructing a debt collection agency.

So, I've appealed the new parking charge and uploaded the image of the parking permit and advised them on this appeal of the details of the original ticket. I know in hindsight I could have done this before but i am annoyed at the new system and if we'd been given a windscreen sticker it would be so much easier.

2 questions:
1. Does this type of activity generate a credit black mark even though I've done nothing wrong (assuming you don't class forgetting to put a permit on the dash board as being in the wrong)?
2. What language can I use to reply to them to tell them that they have no right to fine me for forgetting to put a permit on my dashboard?

They can only fine me for consequential loss (I believe), and as I'm the 'injured' party (being that it's my parking bay) I can't be fined for inconveniencing myself.

 

[KingstonSeagull]

You should have done one of the following two things.

1)Displayed the bit of card
2) Sent them a pic of the card mentioned above.

 

[Easy 10]

This is not going to end well.

 

[larus]

You should have done one of the following two things.

1)Displayed the bit of card
2) Sent them a pic of the card mentioned above.

1. I forgot. I've been living here for years and never had to in the past.
2. Yes, but was pissed off.

But, they are a private company and it's my parking bay. It's on my lease when I bought the flat.

But thank you for you enlightening comments, but no understanding of the legal side.

 

[lizard]

Surely they have no legal right to issue you a ticket if you own the space you are parked in? And are in theory trespassing when approaching your vehicle which is parked on your own private land? Maybe I'm missing the point.

 

[martin tyler]

Why so pig headed not to send them a copy of the permit. Would have been resolved weeks ago.
On the flip I'd personally tell them to **** off. Refuse to pay the debt and they will refer it back to the parking company who can decide whether to take you to court for the money or not. At the end of the day they are meant to be monitoring the "loading" bays according to you not residents bays.
Legally its going nowhere at all it is your bay and part of your lease terms and therefore unless you have terms saying the bays are monitored and you must display the permit which i'm assuming you do not as this was introduced later on then a court will laugh it out as you leave

 

[larus]

Surely they have no legal right to issue you a ticket if you own the space you are parked in? And are in theory trespassing when approaching your vehicle which is parked on your own private land? Maybe I'm missing the point.

That's my view too. Regarding the trespassing - no, as I live on the developments (it's about 5 blocks, gardens and parking).

The new signs and permits issued say that a permit must be shown. But, just because it says that doesn't mean anything. Otherwise, if this was the case and I objected to the conditions, it would in effect mean that I would not be allowed to park in my own ba, which is ludicrous.

I just wondered if anyone had any genuine understanding of the legal technicalities here.

 

[larus]

Why so pig headed not to send them a copy of the permit. Would have been resolved weeks ago.
On the flip I'd personally tell them to **** off. Refuse to pay the debt and they will refer it back to the parking company who can decide whether to take you to court for the money or not. At the end of the day they are meant to be monitoring the "loading" bays according to you not residents bays.
Legally its going nowhere at all it is your bay and part of your lease terms and therefore unless you have terms saying the bays are monitored and you must display the permit which i'm assuming you do not as this was introduced later on then a court will laugh it out as you leave

Yes, I accept my initial reaction was hot-headed. They are monitoring the residents bays as well as the 'loading' areas, but the chairman of the residents board said the main problem was with the loading bays and this impacting access for emergency services if required. I have no problem with that being monitored, but this, in effect, being fined to park on my own property.

 

[Westdene Seagull]

Ignore the other posts - all wrong !!!! Who is this parking scamming company ?

 

[larus]

UKPC
UK Parking Control Ltd

 

[Westdene Seagull]

UKPC
UK Parking Control Ltd

OK - one of the nastier ones. If you PM me all the details - including :

> Does your lease state you HAVE to show a permit to use your designated space ?
> Were residents consulted about introducing parking controls ?
> Time and dates of parking
> Dates of 'tickets'
> Dates and details of any letters received
> Any appeals you've made including wording and dates and responses ( that may well be too big for a PM so I'll send you my email address once I have the PM )
> Address this took place at

These scammers are defeatable but it may take some work now.

I'm off to the Coal Shed tonight so I'll pick it up tomorrow and get back to you.

 

[larus]

Ignore the other posts - all wrong !!!! Who is this parking scamming company ?

Can I do something like this?

[FONT=&quot]Once you've dealt with that it's time to tell your managing agents that you remove yourself and your parking spot from the parking scheme and do not recognise the right of UKPC to patrol your space. Tell them that if you continue to get tickets from UKPC you will sue the managing agents for harassment as UKPC are their agents.[/FONT]

 

[Westdene Seagull]

Can I do something like this?

Once you've dealt with that it's time to tell your managing agents that you remove yourself and your parking spot from the parking scheme and do not recognise the right of UKPC to patrol your space. Tell them that if you continue to get tickets from UKPC you will sue the managing agents for harassment as UKPC are their agents.

You can. Under the law that space is yours - it says so in your lease. If you remove the right for UKPC to enter the space and they do so they they are trespassing ( although that is a civil offence not a criminal one ).

 

[Official Old Man]

Panic over, Westdean is on the case.
Keep us all informed.
As a side, I had a parking bay once but the others would park 'wide' meaning only 5 of 6 cars would fit. I was always last and so just blocked them all in. They soon learnt.

 

[larus]

Panic over, Westdean is on the case.
Keep us all informed.
As a side, I had a parking bay once but the others would park 'wide' meaning only 5 of 6 cars would fit. I was always last and so just blocked them all in. They soon learnt.

Yeah, luckily I remembered there had been previous threads on this type of crap . I assumed that in law there is nothing they can do as it's my own land....

 

[Herr Tubthumper]

I'm off to the Coal Shed tonight so I'll pick it up tomorrow and get back to you.

Panic over, Westdean is on the case.

I like his priorities, dinner first, then the Superman outfit!

 

[Lord Bracknell]

Are you a member of the Residents Association? Do you have any obligation, under its rules or under the terms of your tenancy, to comply with majority decisions of the Association?

 

[Blue Valkyrie]

Sounds like the parking company will be laughed out of court if they try to pursue this debt

 

[larus]

Are you a member of the Residents Association? Do you have any obligation, under its rules or under the terms of your tenancy, to comply with majority decisions of the Association?

That I don't know, but I complained to the agents when the scheme was being introduced and subsequently regarding the tickets for forgetting to put a card on my dashboard.

I also made 2 suggestions to the manning agents:
1. A sticker for the windscreen to avoid the potential proble of someone forgetting to put the card out (which seems a reasonably intelligent proposal).
2. The ability to register car registration numbers for each parking bay.

Their 'terms' will not stand up in court as I cannot possibly be agreeing to the terms (which I've never had a copy of), just by the fact of parking in a parking bay which I own.
This is, in my opinion, the important fact. It's my land. It's on the leasehold of my apartment.

 

[beorhthelm]

take it up with the residents association, they hold a financial relationship with the parking company, who are effectivly doing as they are asked to do.