Charged nearly £1000 to park in my own space.

[dantwarren]

Hi All,

 

Over the last year my car has twice been towed away by a 'Parking enforcement company' when it was parked in my own space. This was because the permit issued to me was the first time covered & the second time had fallen into the foot well of my car. To date if have paid almost up to £1000 to park in my own space! Obviously I argued at the time but they hold you to ransom by charging you on a daily basis if you do not collect your car. Also to the letter of the signs posted in my car park there was no permit so they towed me. I put it down to me being and idiot and not fastening my permit to the screen etc.

 

Its only in the past few weeks talking with various friends I would like to challenge these extortionate fines! I have extremely limited legal knowledge but I think the grounds in which I want to do this revolve around my lease. In my lease it states I have the right to park in the space provided (the lease even includes a drawn map of the car park with my space highlighted) and mentions absolutely nothing about parking permits. After reading various different bits about leases etc as I understand it, for them to enforce a permit scheme, that constitutes varying the terms of my lease, something that I believe has to be legally agreed by me!? The management company claim that it is the 'freeholders' decision but from what I have read they could be wrong.

 

I suppose my questions are; do I actually have a case? If so, who do I pursue to try and reclaim my money (Management company, freeholder or parking scumbags?) Also I have absolutely no idea how to go about it. Do i need some form of legal representation? Are there no win no fee type companies that can help me?

 

Thanks in advance for any assistance!

[Surfer01]

Jointly from management company and PPC.

[DJXFM]

When was the towing?? I thought that since October (?) last year towing and clamping on private land was illegal.

 

I would suggest finding out who the directors are of the management company. Try to recover the money from them personally. The PPC will ignore any judgement, the management company (if they're anything like mine) will turn a blind eye, but the directors of the management company will not want to be personally liable for the company's debts!!

 

Don't know the exact ins and outs maybe someone could advise but it might be an avenue worth exploring?

 

Worth trying for a grands worth of your rightful money. Good luck and keep us posted!!

[Old Snowy]

A few questions:

 

How long has the scheme been in place?

How were the tenants notified - by circular or did notices just appear?

What did the circular/notices say?

What does any signage say?

Have you previously objected to the scheme and if so in writing?

Who issued the permits?