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Enforcing parking in private residents parking spaces


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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.

 

Anyone dealt with anything similar in the past?

Edited by BoardinBob
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What right does a private company have to enforce parking restrictions on land I own?
if you hold the freehold on that space... absolutely none!

freehold flat?

is it just the parking space that's freehold?

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

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Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

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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?

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This private company has been appointed by the property factors

 

But it still remains that a private company cannot issue penalty fines no matter who appoints them.

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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

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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.

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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!!!!!!!!!!!!!!

 

Mossy

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  • 1 month later...

So I received a parking ticket today!

 

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.

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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)

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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 :rolleyes:) and to only park in your bay. I am meeting this criteria.

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giving you a ticket to park on land that belongs to you.

 

incredible.

 

one almost wishes that they do actually take this one to court :rolleyes:

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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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.

 

 

Kind Regards

 

 

 

 

Mr XXXXXXX

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  • 3 weeks later...

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?

 

Derek

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You cannot make unilateral changes to a contract (unless it has been previously agreed that you can do this). It has to be agreed by both parties.

 

Regardless of the freehold situation - it's basic contract law.

 

FWIW I fully endorse your letter and your stand.

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

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  • 2 months later...

Ok so my saga is still ongoing. Despite repeated letters to the property factors, they've chosen to ignore them and Central Ticketing are still patrolling. Laughably they patrol the street circa 5am and issue their tickets then. I assume this is to avoid confrontation with angry residents.

 

There have been a couple of new developments. When this first started only people not displaying a residents permit were being fined. About 4 weeks ago they started fining everyone parked in the street, even those with residents permits.

 

2 weeks ago on a Sunday night my wife was out and returned home and went to park in our own parking space. She called me on her mobile and asked if I had raised the bollard on our space. I said I hadn't and went down with the keys to unlock it. We noticed that several spaces had their bollard raised that dont usually. We've never used our bollard since we moved in two years ago and we've discovered the key we were provided with doesn't work! We were unable to park in our space and have been ever since meaning we've had to park in the street, incurring more fines. Over the last couple of weeks I've noticed a lot more spaces with the bollards raised that wouldn't normally. Someone has had to resort to physically removing the whole bollard to gain access to their space.

 

My suspicion is that someone from the parking company is entering the street and raising the bollards in an attempt to force residents to park in the street thus incurring more charges.

 

We've told the property factors about this, but again they've completely ignored it. I've sent them a map extract from the local authority illustrating that our street is incorporated as a public road and therefore no PPC can issue tickets. Again they've chosen to ignore this.

 

The residents are starting to talk to each other about it and we are not happy. We've demanded a residents meeting with the factors as is stipulated in the property deeds, and surprise surprise they've ignored it. The residents I've spoken to were receptive to discussing removing the existing factor and self factoring or appointing another factor that will be more engaged with the residents needs.

 

I've also received a debt collectors letter in relation to some of the parking charges. I've sent this to the factors and told them to deal with it and inform Central Ticketing that I will not be paying a single penny to park on my own land.

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My letter to the factors

 

 

A well written letter. I'm watching this with interest.

Litigation –

 

Lloyds TSB – Won (x2)

Barclays – Won

Abbey – Won

Welcome Finance – Won

Capital One – Won

AS Securi-T (as an advisor) – Won (x2)

 

Barclaycard – Ongoing

Lloyds TSB Credit Card – Ongoing

Experian – Ongoing

Ebay - Ongoing

Barclays (DPA issues) - Ongoing

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Ok so my saga is still ongoing. Despite repeated letters to the property factors, they've chosen to ignore them and Central Ticketing are still patrolling. Laughably they patrol the street circa 5am and issue their tickets then. I assume this is to avoid confrontation with angry residents.

 

There have been a couple of new developments. When this first started only people not displaying a residents permit were being fined. About 4 weeks ago they started fining everyone parked in the street, even those with residents permits.

 

2 weeks ago on a Sunday night my wife was out and returned home and went to park in our own parking space. She called me on her mobile and asked if I had raised the bollard on our space. I said I hadn't and went down with the keys to unlock it. We noticed that several spaces had their bollard raised that dont usually. We've never used our bollard since we moved in two years ago and we've discovered the key we were provided with doesn't work! We were unable to park in our space and have been ever since meaning we've had to park in the street, incurring more fines. Over the last couple of weeks I've noticed a lot more spaces with the bollards raised that wouldn't normally. Someone has had to resort to physically removing the whole bollard to gain access to their space.

 

My suspicion is that someone from the parking company is entering the street and raising the bollards in an attempt to force residents to park in the street thus incurring more charges.

 

We've told the property factors about this, but again they've completely ignored it. I've sent them a map extract from the local authority illustrating that our street is incorporated as a public road and therefore no PPC can issue tickets. Again they've chosen to ignore this.

 

The residents are starting to talk to each other about it and we are not happy. We've demanded a residents meeting with the factors as is stipulated in the property deeds, and surprise surprise they've ignored it. The residents I've spoken to were receptive to discussing removing the existing factor and self factoring or appointing another factor that will be more engaged with the residents needs.

 

I've also received a debt collectors letter in relation to some of the parking charges. I've sent this to the factors and told them to deal with it and inform Central Ticketing that I will not be paying a single penny to park on my own land.

 

 

You know, given the circumstances, I'd say you all have cause for action in harassment. An action by several of you claiming four figures in damages each, you would sue both the factors and the PPC. If enough of you did it then you would scare the living daylights out of the factors (who won't know what hit them) and you'd give Central Ticketing (who are an amateuring band at best) something to think about.

 

If your bollard has been raised your land has been trespassed and you have been deprived of its use. You would have an action against the factors and the PPC for this also.

 

PJ

Litigation –

 

Lloyds TSB – Won (x2)

Barclays – Won

Abbey – Won

Welcome Finance – Won

Capital One – Won

AS Securi-T (as an advisor) – Won (x2)

 

Barclaycard – Ongoing

Lloyds TSB Credit Card – Ongoing

Experian – Ongoing

Ebay - Ongoing

Barclays (DPA issues) - Ongoing

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court action. PPC and the property factors. demand access to your own spaces and the bollards be fixed. round up the nighbours with raised bollards and see who has keys (that work) and who doesn't. Are the bollards padlocked ? if so cut them off and provide your own padlocks and a copy of the new keys to the property factors.

send every invoice issued to on road vehicles to your local councillor and cc: it to your MP.

demand to see the contract between the factors and the PPC.

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