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Enforcing parking in private residents parking spaces
Hi. First post and found this place through google and I'm hoping someone can advise on my situation...
My street:
2 blocks of flats with 60 residences.
Each residence has either an allocated space or a garage.
Deeds state only one vehicle per residence to be parked.
There are also about 12 unallocated spaces belonging to a Tesco Express.
So anyway, the factors wrote to all the residents a couple of weeks back saying we were being issued with parking permits and the parking would be monitored by a private company.
I wrote back formally objecting until they provided further information. They've decided to ignore this and sent the permit through today and stated that failure to display it will result in the private company issuing Civil Penalty Notices. I'll be required to display this when I'm parked in the actual parking bay belonging to my flat.
Does anyone know if they are legally able to enforce this? I physically own the land my parking space is on and it forms part of the deeds to my property. (I live in Scotland and the property is freehold) What right does a private company have to enforce parking restrictions on land I own? I understand this kind of thing "works" in shopping centre car parks etc? I also demanded to know who was going to bear the cost of paying this private company for their services. I specifically bought a flat with a designated parking space so I wouldn't have to worry about parking spaces and costs. I fully expect the factors to pass these charges back to the residents withing our "factors fees"
With regards to the actual street, there are no yellow lines or council enforced parking restrictions so what right to they have to stop people parking next to the pavement. I appreciate that it's illegal to park on the kerb but as it's a public road with no restrictions I believe people should be allowed to park beside the kerb. This seriously impedes any visiting friends or family as the unallocated spaces will be filled up quickly.
I had sent all these questions to them in my letter but they've chosen to ignore it so I'll just have to go nuclear on the phone tomorrow.
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Re: Enforcing parking in private residents parking spaces
They've decided to ignore this and sent the permit through today and stated that failure to display it will result in the private company issuing Civil Penalty Notices.
How can they issue any type of Penalty notice if they are not authorised to do so?
Re: Enforcing parking in private residents parking spaces
and certainly not when on your own land. get a ticket/invoice. wait for the letter,. write to the DVLA and get the V888/2 details inclcuding the evidence of contract with the landowner, when it comes back write to the DVLA and tell them that you are the landowner and lodge a formal complaint. and tell the PPC and the property factor where to get off
Re: Enforcing parking in private residents parking spaces
oh goody - they are BPA Approved Operators (AOS). guaranteed that their paperwork will be non compliant with the BPA Code of Practice so much fun and some retribution can be had by invoking the BPA and the DVLA. canvass your neighbours, see if anyone had had a letter from them yet and post it up.
Re: Enforcing parking in private residents parking spaces
If you own the land threaten the PPC with 'trespass', if they come back and tell you that trespass is a tort and you cannot do anything to them without an injunction ask them how come they know about the law when it suits them!!!!!!!!!!!!!!
I've told the property factors that I refuse to display the parking permit. I've asked them why they think they can enforce parking restrictions on land belonging to me, my parking space, without my consent. They've simply ignored this question.
The ticket was on the windscreen. Pay in 14 days and it's £60, after that it goes up to £85.
So I'm assuming I just ignore it completely even when I'm contacted by mail by this Central Ticketing mob?
Should I admit to the factors that I've had a ticket and tell them I'm not willing to pay for it or any subsequent ones or should I just keep quiet.
Re: Enforcing parking in private residents parking spaces
you own the parking space then they cannot. have you signed any kind of agreement that lets them or are there terms in your deeds/lease ? which PPC and what is the name of the property factors ? (PM response if want to and don't want to put it up in public)
Re: Enforcing parking in private residents parking spaces
Parking company is Central Ticketing
Factors are Charles White & Co, an Edinburgh based co.
They are the appointed factors for the development. Nothing at all in the deeds regarding their ability to enforce any kind of parking restrictions. Guidelines around only parking one car at a time (in single parking space ) and to only park in your bay. I am meeting this criteria.
Re: Enforcing parking in private residents parking spaces
My letter to the factors
Dear Mr XXXXX,
Many thanks for your letter dated 10/11/08 concerning the issue of parking restrictions at XXX XXXXX development. I would like to bring the following points to your attention:
The parking space allocated to my dwelling is written into the title deeds of my property and the land is owned by me
I have not given you authorisation or consent to employ a private parking firm to monitor and fine drivers of vehicles parked on this land
Under the deeds of the property there is no restriction placed on parking a vehicle at the development other than one vehicle at a time to be parked in the allocated bays. There is no provision in the deeds for the enforcement of any parking control or penalty system. Revisions to the deeds would require a consultation with all residents
XXXXX XXXX Court has been incorporated as a public road by the local authority. Under the Road Traffic Act 1991 only Traffic Wardens appointed by the local authority or police can issue parking tickets on a public road
I therefore instruct you to immediately advise any private company appointed to monitor parking within the development to cease and desist from issuing penalty tickets to any car parked in bay number 20 as this land belongs to me. The private parking company should also be instructed to cease and desist from issuing any tickets to vehicles parked on the public road within the development.
Please confirm acknowledgement and action of these instructions within 7 days. Failure to comply with these instructions will result in the commencement of legal action and a residents meeting will be arranged with a view to removing Charles White and Co as the appointed factor for the development. I will be in contact with other residents to inform them of the points I’ve raised above to make them fully aware of their rights and I will be instructing them to ignore any and all parking fines issued.
Re: Enforcing parking in private residents parking spaces
Hi Boardinbob,
Just out of curiosity, yuo say there is no yellow lines, has the road been adopted by the council yet?
You also say that you own the land, I understand that it is on your title deeds, but you may find that you infact dont own the freehold. I have came accross this recently.
And lastly, you have a management company looking after the estate, is there not residents on the board of directors for your development?
Enforcing parking in private residents parking spaces
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Originally Posted by crem
) and to only park in your bay. I am meeting this criteria.