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Notice of the trial date
sharea
post Tue, 6 Mar 2018 - 20:36
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I live in the flat which is set within a private property. Some time ago (I think it was in 2013) the property manager has informed that the parking at the property will be controlled by UKPC.
I have received 1 permit + 1 visitor permit however not always I had it visible in my car. I appealed before and stated that this is very frustrating and upsetting as I live at the property, therefore, I am entitled to park there and I believe they should aim for these vehicles which do not belong to any of the people who live there. I was very stressed thinking how on earth you pay your rent, park your car at the property and then you get a ticket of £100? Not £30, £35 but £100?!!Insane! One of the ticket I paid as I couldn't get a response from POPLA so I paid however after I paid POPLA sent a letter saying the parking notice should be cancelled. I contacted UKPC asking for £100 back and sending them POPLA decision. They have never replied despite the fact I have tried several times. Last year I lost the permit somewhere (possibly when left my car at carwash they accidentally bin it). I have sent a letter to UKPC asking to issue a new one but again no response. Since then I got about 7 or more parking notices. I Have never tried to appeal it as I thought if they ignored my previous letters then what else I can do. Additionally, I asked my landlord to contact them about the permit and yet no response from them. And now I am being sent a letter from SCS LAW about the debt owed to UK Parking Control Ltd....The total outstanding is £1,120!!!Maybe it is my fault I have not appealed from these tickets before. I was very upset about being ignored and more importantly getting a ticket for parking at the property I live at. Well...What matters more now is I have no idea what to do. Obviously, I do not want to pay this amount at all. Can anyone help?Is there anything I can do? Thank you.
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post Tue, 6 Mar 2018 - 20:36
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ostell
post Tue, 6 Mar 2018 - 22:35
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Get out your rental agreement and see what it says about parking. Also see if you can get your landlord on your side and ask him if his lease gives him the right to park there.

Here's some explanation
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nosferatu1001
post Wed, 7 Mar 2018 - 09:03
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For the ticket that should have been refunded - send UKPC a letter before action, and if they dont respond, sue them. Thats it

As above, you need to know what actual riughts you have under your agreement.
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Jo Carn
post Wed, 7 Mar 2018 - 11:47
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I don't suppose you can upload any for the paperwork. Just remove name, address and reg but leave everything else in.
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sharea
post Wed, 7 Mar 2018 - 17:04
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Thank you for your replies.

I had a brief look at my tenancy agreement but did not find anything about the parking.

I believe it was a property management who introduced it. When I moved in 2009 there was a free parking and no one who controlled it.

Only back in 2013, the property management trying to be helpful and protective of the residents, informed about UKPC coming in to control it.

How wonderful!
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ostell
post Wed, 7 Mar 2018 - 17:08
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Can you contact you landlord and ask if the lease includes parking as you are being charged for parking.

Will the management compnay tell them to cancel? Ask them and would they please copy you on the request.

Point CPM to the successful POPLA appeal and ask them why are they trying again.
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Eljayjay
post Wed, 7 Mar 2018 - 18:58
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Residential parking cases are usually very winnable (by the resident).

You do, however, need to do some homework (and it is good to see that you have already made a start).

If you are the leasehold owner of the flat, you need to thoroughly search your head lease for anything and everything relating to parking. You also need to search your head lease for anything and everything about any ways in which the terms of the lease can be amended or any ways in which anyone can make rules or regulations to change add anything to the existing terms.

If you are a sub-tenant (i.e. you rent the flat from the leasehold owner), you will need to ask your landlord for a copy of the head lease and search thoroughly for the same extracts. In addition, however, you will also need to search your tenancy agreement to find what it says about parking and how that can be changed.

If there is nothing in your tenancy agreement about parking, you may need your landlord to provide you with a written statement that he/she had, in fact, granted you the right to park.

If the changes (which introduced the ticketing and charging regime) were not made properly and in accordance with the lease, you should be OK.

This post has been edited by Eljayjay: Wed, 7 Mar 2018 - 18:59
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Churchmouse
post Wed, 7 Mar 2018 - 22:09
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And write a letter to your MP. This kind of situation is very common these days: PPC is brought in to handle a "parking problem", which they do, until there's no one left to fleece except the residents...

--Churchmouse
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sharea
post Fri, 9 Mar 2018 - 10:17
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I found something in the tenancy agreement, however, I am not sure if its relevant to the parking.
1. Term of Tenancy
The Landlord lets to the Tenant the Premises for a period of...
6.5 "Premises" includes any part or parts of the building boundaries fences garden and outbuildings belonging to the Landlord unless they have been specifically excluded from the Tenancy. When the Tenancy is part of a larger building the Premises include the use of common access ways and facilities.


Nothing there about the parking.

I asked my landlord and he said that the property manager acts on behalf of an owner of the land (dont know who owns it though). If this is a leasehold which has to be extended every X years do they have right to introduced UKPC to control it and give tickets? As a tenant, I should be protected and not charged for parking. It does not make sense if they were aiming to protect tenants. Would be better if they had a record of vehicles that belong to people living at the property.

Also found that website HM LAND REGISTRY has anyone heard? Apparently, by paying £3, you can find out who owns the land. I am just wondering as a tenant do I really have to worry about that? Or maybe I should just write to SCS people to leave me alone, show them a copy of my tenancy agreement and the permit? I read some of the stuff on the Internet but must admit, some of it I dont understand as English is not my native language huh.gif
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ostell
post Fri, 9 Mar 2018 - 10:29
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I would read that as the car park is part of the facilities of the site, which you have use of.

Others have gone to the Land Registry site and obtained the lease for a flat that showed the full details. £9
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Jo Carn
post Fri, 9 Mar 2018 - 14:07
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Your lease says: Premises include the use of common access ways and facilities.

What is a street and parking if not common facilities?

We still haven't seen the paperwork.
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Eljayjay
post Fri, 9 Mar 2018 - 14:30
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The tenancy agreement on its own may not tell the whole story and may even conflict with the head lease.

You do, therefore, need to get hold of a copy of the head lease.
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sharea
post Tue, 10 Jul 2018 - 18:25
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So UKPC has taken me to the court for unpaid tickets.
I got tickets for not displaying permit which I have lost btw, contacted them but they had not replied nor issued me a new one.
I even asked my landlord to contact them and nothing has happened. Unfortunately, I do not have a record of the letter I have sent sad.gif
In my tenancy agreement, there is no mention about the parking. Also, I have downloaded a land registry but I am not quite sure if this is something that would help?


Attached File(s)
Attached File  RegisterAGL103395_copy.pdf ( 35.44K ) Number of downloads: 16
 
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Dave65
post Tue, 10 Jul 2018 - 18:46
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So what is the conditions for parķing?
Where do you park?
When did the parķing rules start?
When were permits issued?
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cabbyman
post Tue, 10 Jul 2018 - 19:11
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The register copy is only a brief outline of the main provisions of the lease, the freehold title and the charges register. I believe I am right in saying that the Property Register at (A) is effectively saying that the lease is not subject to the Land Registration Act 1925 and that you need to look at the lease demised out of the freehold title for details of rights, easements and restrictions passed under the lease. In fact, it appears to suggest that only the flat is included without any rights granted over the land, save those granted by common law.

In brief, I suspect that it doesn't really help and that you may need to look elsewhere for the headlease.


--------------------
Cabbyman 8 PPCs 0
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sharea
post Tue, 10 Jul 2018 - 19:28
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QUOTE (Dave65 @ Tue, 10 Jul 2018 - 19:46) *
So what is the conditions for parķing?
Where do you park?
When did the parķing rules start?
When were permits issued?

This is a private property where I live.
I have been renting the property since 2009 and the UKPC started operating in 2013.
My landlord gave me two permits and I was fine until I lost one of them sometime last year.
Now I am in trouble. Apparently, I owe them £1,200.00

The sign says:
no unauthorised parking, terms of parking apply at all times. This land is private property and parking control is managed by ukpc.
Failure to comply with the following at any time will result in a £100 Parking Charge..
All vehicles must be parked only within marked bays and a valid parking permit must be clearly displayed at all times.
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Jlc
post Tue, 10 Jul 2018 - 19:46
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There's a large gap in the story - appeals, POPLA etc.

I presume you have already entered a 'defence' if you have a hearing, not trial, date - what was that defence?

This post has been edited by Jlc: Tue, 10 Jul 2018 - 19:47


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Eljayjay
post Tue, 10 Jul 2018 - 23:24
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The poster’s name rings a bell. I believe he/she has started a new thread instead of sticking with their previous one. Apologies if I have got this wrong.

To get a copy of the head lease, the OP needs to apply to the Land Registry by completing a form OC2 and paying the appropriate fee.

I think he/she was advised about this in the original thread.
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sharea
post Wed, 11 Jul 2018 - 07:15
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QUOTE (Eljayjay @ Wed, 11 Jul 2018 - 00:24) *
The poster’s name rings a bell. I believe he/she has started a new thread instead of sticking with their previous one. Apologies if I have got this wrong.

To get a copy of the head lease, the OP needs to apply to the Land Registry by completing a form OC2 and paying the appropriate fee.

I think he/she was advised about this in the original thread.

Yes, I have started a new thread I didn't know how to find the old one.

As previously advised I have contacted the court and UKPC's solicitors following the two-part process.

I have not heard from the court and the solicitor replied these documents will be provided on the trial.

However, they are happy to cooperate if I send my tenancy agreement which I did.

A few days ago I got a Notice of Trial Date so it looks like it did not help sad.gif
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Jlc
post Wed, 11 Jul 2018 - 07:40
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Original thread here.

You still need to fill the gaps as that ended in March and it now appears you'be submitted a defence and have a hearing date.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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