Thread: Private car parking ticket in own car park

Any assistance is gratefully, gratefully received!

My boyfriend has been renting his flat for three years and has his own car parking space in the garage. Six months ago, without informing the residents of any consultation, the 'Resident Management Committee' who are wraith-like in that I cannot find out who they are, decided to implement a ticketing scheme to ticket cars that are in other's spaces.

Without any detailed explanation, all resident with a space were given three guest passes and a tenant's pass to display in their cars.

I hired a car and as my boyfriend's car was in his space, I parked it in the space of a flat that I know to be vacant.

I got a ticket and I refused to pay it for a number of reasons.

1. I don't think the ticketing system is legal as the normal tenants were not consulted or given the chance to express their views before this decision was made.

2. There is no clause in my boyfriend's tenancy agreement which states that the management company are permitted to make such a change.

3. Even if the system is lawful, with the management issuing three guest passes AND one tenant's pass, this indicates that you must be able to park in other places as four cars can't fit into one space.

However, the ticketing company did not answer my letter requesting proof of why I was liable for a ticket and went to the car hire company who promptly paid them £100 and took £35 for their trouble.

I want my money back and i am willing to go to the small claims court for it but I don't know what the best thing is to do in the circumstances.

If any one can be of assistance, I would be eternally grateful!

Can your boyfriend request the EXACT wording of the lease regarding parking from the owner of the flat and/or the lettings company.

Then we can take it from there.

Thank you for your reply!!

The wording on the tenancy is 'If there are allocated parking spaces at the property, then the permitted number of vehicles that may be parked on the premises (or allocated parking space) at any one is 1.'

However, after discussing the issue of the three guest passes with the management company, the building manager said that if we have a visitor, the visitor should call him (even at the weekend when he is not working) and he will tell him what space to park in.

It all just seems wrong, how can the building manager have proprietal rights over someone else's parking space to allow my guest to park there??

Thank you so much for your help, I've been to the Citizen's Advice Bureau but they couldn't help at all.

May I ask what company it was that implemented this system at your place? I'm here on this forum now because the estate managers at my place (Trinity Estates) have announced that they're doing the same thing - again without consulting anyone. And they say there will be no facility for visitors/guests to park at all.

they can't make unilateral changes like that without authority. nip it in the bud, with a hammer !

I assume the hire co took the money from your credit card? If so contact the card issuer and demand a chargeback as the transaction was not authorised. They will put up a fight, so be persistent.
Whenever I hire a vehicle I always report my card lost immediately afterwards and get a new one, to prevent this sort of rip off.

Hanley Duck: I foolishly used a debit card as I am a a gold member of the hire company and unfortunatley, the bank say that a debit card transaction is guaranteed and won't refund it. But good tip about reporting card lost though, I usually use a credit card that only has a £200 limit and that way if there's any problem, it can be sorted out much easier.

Letshelp & Bernie the Bolt: The car hire contract say "If Hertz UK is required to pay and/or process such road tolls, fines, charges or associated costs, you agree by signing the rental agreement that we may charge you with the amount we are required to pay plus a reasonable administration charge for dealing with these matters."

Snefclarb: Our management company are Andrew Louis Estate Management and they are constantly unavailable when I call to ask them how they have the right to implement such a scheme. I imagine yours will be too.

Lamma: I would dearly LOVE to tap them lightly on the head with a hammer in the hope that it might bring out some reasonableness but I have been constantly fobbed off everytime I contact them.

BTW thanks everybody, you're all very helpful.

Originally Posted by phatkatt

The car hire contract say "If Hertz UK is required to pay and/or process...

They weren't required to pay or process it.

Awwww man! It's so difficult! So the private parking ticket is not a fine, it's a breach of contact?

I have written a letter to Hertz, saying that I want to be refunded or small claims court it is, but I am not hopeful.

I think people just wear you down by being oafish until you give up!!!
x

It's an invoice.

If BT sent you an invoice for £1000 for no reason would you pay it?

The amount demanded in the invoice is an unenforceable contractual penalty. Tell Hertz you expect them to know the difference between a legitimate pcn or FPN and an unenforceable invoice from a private company. Ask them if they make a habit of paying every invoice which lands on their desk?

Originally Posted by Al27

Ask them if they make a habit of paying every invoice which lands on their desk?

They probably do as long as they can recharge it on to their customer (after adding on their substantial admin fee of course).

Now ask them if they pay every invoice that comes on their desk when they must be paid using their own money and I'm sure you'll get a different answer. :grin:

Trinity have done the same in my block without permission of the Directors and with only 1 weeks notice. Lots of residents were booked costing £80 fine for parking in own car park. Directors are fighting it on our behalf but Trinity insisting the permit scheme stays.

on what legal basis ?

As far as we can tell no legal basis, they just want to do it!

I spoke to Trinity Estates again a couple of weeks ago and the guy said that the plan is on hold for the time being due to the amount of opposition they received from residents. He said that any further plans will be run by the residents before implementation.

make sure they disagree with the plans then !