Parking enforcement from management company in residential development (URGENT)

[WaveCourt]

Hi

 

I am the occupier of a flat in a development where we have 70+ flats in my building but only 37 parking spaces which are all allocated to whoever paid for them.

 

There are a LOT of people who park on the kerb or where they can find a space without blocking anyone in.

This has worked without issues for many number of months until recently when we all got letters to advise parking enforcements were coming in.

 

The letters were dated 20th May 2013 and the enforcement starts from 28th May 2013

and there are now signs on the poles threatening of £100 fine for any cars parked outside the bays or parked in the bays without displaying a valid permit.

 

My flat does not benefit from an allocated space and I have not received a permit.

Although I have heard that some people who don't own a space have been sent permits

and I did see a car parked on the pavement with a permit in the window.

 

I'm looking for some help here as I'm not keen on paying the £100 fine for parking my car outside my own flat

where there is no other parking space available.

 

I have the below questions in mind.

 

1. As a resident of the development who does not own a parking space, do I have not rights to park a car anywhere here or have anyone visit me and park their car outside?

2. Should I expect a resident parking permit although I cannot really use it because I do not have an allocated parking space.

3. Even if the above 2 questions are answered in negative, are the developers in breach of any planning guidelines because they provisioned only 37 spaces in a building that has over 70 flats?

4. Lastly, even if the answers to all of the above go against me, is 7 days considered reasonable notice period to advise residents who do not own a parking space to stop parking their car outside which effectively means either dumping the car or moving out. I have a job and my wife is pregnant. It is not easy for me to move out in an instant. If I do get a parking charge notice, what are my chances to fight it off in court?

 

Appreciate any URGENT help I can get on this one as the parking enforcement starts tomorrow morning and I fear I'll find an ugly PCN stuck on my car window tomorrow.

 

Thanks.

[dx100uk]

its NOT a FINE.

its a speculative invoice

 

with NO statute in law.

 

ignore them.

 

time to write to your agency any complain.

 

dx

[WaveCourt]

Hi dx100uk

 

I would very much like to believe what you say. I am a bit confused and concerned by the information I find on adviceguide dot org dot uk where it states "If you park on private land, such as a supermarket car park or a privately owned multi-story car park, you will have entered into a contract with the landowner. If there are signs displayed in the car park setting out rules for using the car park, then these are the terms of the contract. If any of these rules are broken, then the car park owner can take steps to enforce them."

 

I also read about the POPLA appeals procedure, the existence of which seems to suggest there is some legitimacy to these parking tickets or speculative invoices. I am just beginning to learn the details of this and would much appreciate it if you could clarify in a bit more detail.

 

Thanks

[Crocdoc]

Ther is no legitimacy to these claims,as stated earlier they are speculative invoices claiming a fixed penalty . in reality any claim MUST BE A GENUINE PRE ESTIMATE OF LOSS, this is clearly stated by the Department of Transport and the Office of Fair Trading. Of course this is something that these companies fail to mention or choose to ignore.

 

In your case it is difficult to see what loss could be suffered if any by the land owner.

 

There are two options you can ignore all correspondence as many people do, on the other hand some choose to write, this includes agencies who are now collating information surrounding the unanswered questions and the tactics used to try and enforce payment.

 

If you choose to respond let us know and we will provide some very specific questions, which they will refuse to answer.

 

The secrtet is NEVER GIVE IN as making payment encourages their existance.

[peanutsallergy]

Hi

 

I am the occupier of a flat in a development where we have 70+ flats in my building but only 37 parking spaces which are all allocated to whoever paid for them.

 

There are a LOT of people who park on the kerb or where they can find a space without blocking anyone in.

This has worked without issues for many number of months until recently when we all got letters to advise parking enforcements were coming in.

 

The letters were dated 20th May 2013 and the enforcement starts from 28th May 2013

and there are now signs on the poles threatening of £100 fine for any cars parked outside the bays or parked in the bays without displaying a valid permit.

 

My flat does not benefit from an allocated space and I have not received a permit.

Although I have heard that some people who don't own a space have been sent permits

and I did see a car parked on the pavement with a permit in the window.

 

I'm looking for some help here as I'm not keen on paying the £100 fine for parking my car outside my own flat

where there is no other parking space available.

 

I have the below questions in mind.

 

1. As a resident of the development who does not own a parking space, do I have not rights to park a car anywhere here or have anyone visit me and park their car outside?

2. Should I expect a resident parking permit although I cannot really use it because I do not have an allocated parking space.

3. Even if the above 2 questions are answered in negative, are the developers in breach of any planning guidelines because they provisioned only 37 spaces in a building that has over 70 flats?

4. Lastly, even if the answers to all of the above go against me, is 7 days considered reasonable notice period to advise residents who do not own a parking space to stop parking their car outside which effectively means either dumping the car or moving out. I have a job and my wife is pregnant. It is not easy for me to move out in an instant. If I do get a parking charge notice, what are my chances to fight it off in court?

 

Appreciate any URGENT help I can get on this one as the parking enforcement starts tomorrow morning and I fear I'll find an ugly PCN stuck on my car window tomorrow.

 

Thanks.

 

Several things to this.

 

Are you a tenant, or an owner.

What does it say in your lease, or management agreement?

 

What you have described isn't uncommon.

Modern city centre developments are actively trying to limit the number of cars brought into the city centre, so it's now normal for planning guidelines to have less parking than residents.

Hence the paid for parking, as it's a privilege, not a right, which I guess you have never had an allocated space from when you moved in, as your flat doesn't come with any parking?

 

So, it's unlikely you have any rights to park where you are. 33+ flats parking on the pavement isn't going to be a long term solution, pedestrian/disabled access suffers for a start, with long term damage to kerbing etc, and the management are obliged to keep the parking under some control.

 

While tickets are unenforceable, many PPC's are going to court, this one looks like the landowner is behind them, so multiple tickets may spur them on as well.

At best you may not be under any contract, as you shouldn't be there, it's not like a supermarket car park, so maybe it's trespass. The remedy to that wouldn't be a "penalty", but they could still take you to court to get an injunction to stop you parking, or could eventually tow you out.

 

Any other parking nearby?

[dx100uk]

Ther is no legitimacy to these claims,as stated earlier they are speculative invoices claiming a fixed penalty . in reality any claim MUST BE A GENUINE PRE ESTIMATE OF LOSS, this is clearly stated by the Department of Transport and the Office of Fair Trading. Of course this is something that these companies fail to mention or choose to ignore.

 

In your case it is difficult to see what loss could be suffered if any by the land owner.

 

There are two options you can ignore all correspondence as many people do, on the other hand some choose to write, this includes agencies who are now collating information surrounding the unanswered questions and the tactics used to try and enforce payment.

 

If you choose to respond let us know and we will provide some very specific questions, which they will refuse to answer.

 

The secrtet is NEVER GIVE IN as making payment encourages their existance.

 

I cannot further endorse the above

 

dx