Jump to content
dbuk2000

Parking ticket in my own space UKPC

Recommended Posts

Hi

 

I am hoping someone can give me clarification and how to approach as there is a lot of info out there and not sure if regulations have changed.

 

I live in a block of flats where I own a flat and dont rent and have a designated parking spot. Stupidly I didnt stick my permit to the screen and just let it rest on the front and it must have fallen off. Regardless it went missing and last Friday morning at 6am I received a parking ticket from UKPC.

 

I am not sure how to approach and whether I should email UKPC to appeal and explain my situation and hope they take some sympathy.

 

Would appreciate any advice.

 

Thanks

Share this post


Link to post
Share on other sites

1 The date of infringement? 06/04/2018

2 Have you yet appealed to the parking company yet? [Y/N?] No

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Not Applicable

 

4 If you appealed after receiving the NTK, Not Applicable

 

5 Who is the parking company? UKPC

 

6. where exactly [Carpark name and town] did you park? Not a carpark, it was in my designated space outside my block of flats in South Harrow

Share this post


Link to post
Share on other sites

Your ownership of the flat probably gives you supremacy of contract over the UKPC clowns as your space is designated. Who employs the PPC, council, or managing Agents?

Share this post


Link to post
Share on other sites

I once lived in a property with one these 'designated parking spaces' and it turned out that you actually bought the parking space with your property so it was owned by you.

 

Worth checking your deeds to see if that's the case then you can laugh at any PPC invoices.

Share this post


Link to post
Share on other sites

It's flats so I assume you own it Leasehold?

If you own the flat leasehold any 'ownership' of the designated parking space is likely to be leashold as well, and therefore the use of it subject to conditions in the Lease (if there are any). So you also need to check what the Lease says specifically about the parking space.

 

I dealt with this recently for my mother and when I read the Lease closely it did say that my mother had the right to park in her designated parking space but went on to say "providing that the leaseholder complies with the rules for the use of the parking space issued from time to by the freeholder"

- something on those lines, can't remember the exact wording.

 

What that meant in practice was that the freeholder had the right to implement a parking scheme at the flats that required parking permits to be displayed and take action if it wasn't.

 

Whether the freeholder's scheme actually complies with the lease, and whether the parking contractor has complied with the freeholder's scheme, and whether the signage is clear etc, all that has to be established in the normal way of course.

Share this post


Link to post
Share on other sites

Thanks for the advice all. I will check my paperwork today from the completion to see if I can find anything.

 

Yes thats correct, I own it leasehold.

 

My understand it the managing agents employs them, as they are the ones I used to get my permit.

 

There is clear signage, and it is completely my fault, I just hope that common sense prevails as no one has lost anything by me parking my own spot and it was an honest mistake. I will get it stick to the windscrew once my replacement permit arrives.

Share this post


Link to post
Share on other sites

PPC's don't do common sense. Never have and probably never will. There's no profit in common sense :|

 

 

However, if your lease gives you the right to park in your space, there are plenty (and I do mean plenty) of persuasive cases online should UKPC decide that they'd quite like to waste some money and take you to court over this.

 

Let's wait an see exactly what the lease says first and then we can go from there. And as you've already been told, do absolutely nothing as regards to contacting UKPC until a NtK lands on your doormat.

Share this post


Link to post
Share on other sites

Ok thanks DragonFly

 

I guess the only reason I want to contact them know, rather than when the NTK arrives, is that if I appeal now then they will freeze my 14 day period for the fine, meaning that I would have to pay £60 rather than £100 after this 14 day period.

Share this post


Link to post
Share on other sites

where does it say FINE please?

 

and you wont be paying anything anyway so no need to appeal now.

Share this post


Link to post
Share on other sites
Ok thanks DragonFly

 

I guess the only reason I want to contact them know, rather than when the NTK arrives, is that if I appeal now then they will freeze my 14 day period for the fine, meaning that I would have to pay £60 rather than £100 after this 14 day period.

No no no, you don't want to ID yourself as the driver at this stage.

Share this post


Link to post
Share on other sites
meaning that I would have to pay £60 rather than £100 after this 14 day period.

 

Well, you really have 3 choices here.

 

Pay £60.

Pay £100. Or

Pay £0.00

 

Personally, I know which one I'd choose, but I suppose it's your money :lol:

Share this post


Link to post
Share on other sites

Hi

I agree with everyone here (so far) If you appealed now, you will have identified yourself as the driver which then gives the parking company up to 6 years to chase you. This is why we say wait for the NTK.

 

Please read your leasehold agreement thoroughly, especially regarding your parking space. A lot of management agencies make these contracts with parking companies without knowing the rules.

 

Were there any parking restrictions when you moved in or were they introduced afterwards? If it was the latter, did the management company consult the tenants?

Share this post


Link to post
Share on other sites

Where I was located the company that managed the leasehold properties employed a PPC without anyone's knowledge including the lease owners.

 

We all started getting PPC invoices (not fines) and they even sent them to me as I did not have a parking permit in my car because I didn't need one.

 

My parking space was tacked onto the end of a row of spaces for the leasehold flats but I lived in the house on the end of the next terrace.

 

Here is a map link and my house is the one with the wheelie bins up against the fence and my parking space is the one in the row nearest the wheelie bins

 

https://www.google.co.uk/maps/@51.5657076,0.1244451,3a,75y,202.45h,81.97t/data=!3m6!1e1!3m4!1swaTdartzsBjrMZDskpMNaA!2e0!7i13312!8i6656

 

This estate was built in 1985 (usual crap 1980's timber framed rubbish and poor estate design) and I lived there from 1987 to 1993 and the PPC never stopped in that time.

 

I owned my home freehold and I owned my parking spot as well, named and shown on my deeds as private owned property.

 

The PPC did not care about that though, they carried on trying to claim money from me for parking on my own land.

 

This was before POFA though so it was easier to just ignore them which I did and I built up a pile of their invoices and begging letters and threatening letters.

 

POFA or not the PPC and Property Management Company cannot agree any contract which trumps your lease or freehold.

 

Read that lease, make sure there is no mention of a parking management scheme and then come back here with the information.

Share this post


Link to post
Share on other sites

Hi All

 

Thanks for sending the link DragonFly

 

I managed to find the lease.

 

In the first few pages I came across the below section which I have attached. It says that the property is my flat together with parking space.

 

Is there anything else I should look for, there was a lot of stuff int he lease. Couldn't find anything about them hiring UKPC or equivalent.

 

Thanks

20180413_010234.jpg

Share this post


Link to post
Share on other sites

Nothing else is needed. You now have everything you need to beat these clowns.

 

But, you may as well have some fun doing it :wink:

 

 

Sit back, relax and allow them to waste their money sending you demand after demand, and then begging letter after begging letter. Let them get all the way to a Letter Before Action, and then you go back and start to wipe the floor with them.

 

The only way that they'll ever learn is through defeat after defeat, in court if necessary.

 

You have supremacy of contract. They have nothing but hopes & dreams. :lol:

 

 

Edit to add: I've unapproved your attachment, it basically has your full address on it. Might be better to cover those parts and then upload it as a PDF file :thumb:

Share this post


Link to post
Share on other sites

Appreciate all your help.

 

Great will report back as the letters chasing start to come through.

 

You say they need to learn in court, but even if I am likely to win I dont want to go to court just on the off chance. Is this likely to get all sorted before that?

 

In the meantime I should have my replacement permit arriving so at least I can avoid any more of these tickets.

 

The address that was on the attacment is for the management company so all good.

Share this post


Link to post
Share on other sites
Appreciate all your help.

 

Great will report back as the letters chasing start to come through.

 

You say they need to learn in court, but even if I am likely to win I dont want to go to court just on the off chance. Is this likely to get all sorted before that?

 

In the meantime I should have my replacement permit arriving so at least I can avoid any more of these tickets.

 

In a world of common sense, you'd certainly hope that they'd realise that they've made a goof and cancel the ticket. However, when you're dealing with a PPC (any of them) common sense is in VERY short supply. I think they keep it in a locked drawer and have lost the keys!

 

The only thing that you can do to (hopefully) stop them taking you to court is to appeal once you get the NtK. You have very good grounds for an appeal, but you really don't want to identify yourself as the driver (hence waiting until you receive the NtK) as that only removes any protection that you get from the POFA 2012.

 

As I've said though, common sense and PPC's are not often bedfellows, so they *might* still want to try and get the money out of you, ultimately at court. But, there's not really an 'off chance' of you winning. You'll beat them hands down and would also have a good case for a counter claim for their trespass in to your parking spot and their breach of the Data Protection Act, plus your costs.

 

All in all, could be a grand day out and all at their expense :lol:

 

 

The address that was on the attacment is for the management company so all good.

 

No problem then, attachment re-approved :thumb:

Share this post


Link to post
Share on other sites

Hope you all had a nice weekend.

 

Just to add to this. I now received another parking ticket even though the management company told me they put me on an exempt list till my permit arrives. Cant say I am suprised. Will just wait till I get the NTK form and then take it from there.

Share this post


Link to post
Share on other sites

That will coat UKPC anohter £4 to process for no reason whatsoever. Let the management co you are thinking of suing them for trespass because they are the ones who allowed these bandits onto the common parts. The persuasive case is Davey v UKPC so rub their noses in it and let them know it will be about 10 grand out of their wallet if they dont get their act together and stop UKPC's appalling behaviour

Share this post


Link to post
Share on other sites

Hi All

 

So further to the above, finally after a few months I received some communication from UKPC. A letter in the post Re: Notice to keeper as the subject.

 

Should I ignore this or not?

 

Any help appreciated.

 

Thanks

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.



  • Tweets

  • Our picks

    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 17 replies
    • I am new here but very glad to find my way here and would welcome any input.
       
      i purchased a brand new campervan conversion from Hillside Leisure (175 miles from our home) on July 26th for £31,000 and, within 48 hours, during a storm, the alarm began to sound incessantly. We could not get it to stop, even after trying everything listed in the manual. We phoned Hillside on Saturday July 28th around 2.00pm. The young man who answered the phone said he would seek the advice of their technician and call us back, which he did. The technician told us that they, Hillside, couldn’t help, but that we should take the van to Nissan (the van is a Nissan) as the fault would lie with one of their components.
       
      • 42 replies
×
×
  • Create New...