Private Parking Issue - what are my rights Options

[number7en]

Hi

I'm having an issue where I live (leased flat I own), it's the same as previous issue albeit there is a newer contractor on site. District Enforcement.

The previous issue was this ...

http://forums.pepipoo.com/index.php?showtopic=113298

In a nutshell there is a new private parking co 'managing' parking on the estate (apartment blocks) where I live. They state that I have to display a permit. I didn't have a permit to display because they never provided me with the correct amount of permits when they handed them out nearly 2 years ago. I should have 3 and they provided 2, 1 visitor permit has been misplaced and the 2nd for one of my two spaces was ruined when I had to remove from my previous car. I didn't get a 3rd even though i'd requested it when they handed them out.

They have sent me various PCNs within a 4 week period by post (nothing left on car except the last one). They state failure to display a permit. There was no signage in the area where I park, albeit there was some in other areas of the estate but not within 40-50 metres of my car. NB: there has been no enforcement for some time, and it's out of the blue, I was under the impression they were not even patrolling due to the signage being removed and no tickets for over a year.

Now as far as I'm concerned I don't have to display anything, but for the sake of aggravation I requested they send me 3 permits and I'd sent the previous letter to them albeit with a tweak as it was 2 years ago. (see link).

I was under the impression I had exclusive rights, and that is what we concluded on the previous thread (see link). However they (PPC) seem to have contacted my property management co, and they have staled I do have exclusive right BUT the management co have put in regulations that they apparently can (which was on behalf of the residents who voted for parking management - there was a majority who wanted the PPC). See lease 3.2 near to the yellow on the attachment.

They are now requesting payment to provide permits !!! more than £50 for 3. Outrageous !!!

Can you please give me you opinion on the lease (see 3.2 where is seems to state regulations can be brought in by management - albeit that is very vague), and your general thought. My opinion is the PCNs are not valid due to lack of signage and they being obstructive by not proving permits (unless I pay). NB: I assume 3.2 is what they are referring to, I've not been told that.

thanks

This post has been edited by number7en: Tue, 28 Jan 2020 - 19:56

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[number7en]

OK, so update is ...

PPC come back to me and asked if I was appealing on the basis of my leaseholder rights (my words), I said yes, they sent me letters for each notice saying appeal unsuccessful etc ...

This is the extract from each of the letters....

"The signage across the site unambiguously states that the land is privately owned and subject to the parking conditions as displayed. These conditions state that a charge will be due by the driver of any vehicle satisfying the conditions as displayed. The chargeable condition that applies to the manner in which your vehicle was witnessed to be parked would be covered by the term “No Permit”. After reviewing the photographic evidence from our records we can confirm that there was
no permit displayed in the vehicle at the time of the occurrence. The charge was therefore correctly issued. We are confident that you have been given the same opportunities to accept the conditions of use, and indeed dispute the issue of the charge, as every other user. It would be a gross injustice if we were not to
apply the same criteria to yourself as we have done for the other motorists subject to the charges. For the sake of consistency we must apply the law uniformly and therefore the charge must stand"

What I find funny is it says the land is privately owned, YES by me . A 'gross injustice' to not subject me to their charges and as they have others .... gross injustice to have fleeced them more like!

I'm just want to tell them where to go and take me to court asap.

Any thoughts / help appreciated

cheers

[Jlc]

we must apply the law uniformly and therefore the charge must stand

Oh, the irony.

[number7en]

we must apply the law uniformly and therefore the charge must stand

Oh, the irony.

I know ... what a farce

[nosferatu1001]

So did you tell them they had agreed not to issue tickets?

Sue them. Sue them hard. And the morons that employed them.

[hcandersen]

To take a wider view - because this issue is not going to go away - OP, how, by whom and at whose cost do you expect your 'exclusive rights' to be enforced?

And if others parked in your exclusive parking areas, thereby making you a parking nomad, what could you do on your own to prevent this? And where would you expect to park if not in the spaces reserved to you?

I would devote some of your time to trying to resolve the ongoing contextual issues.

[nosferatu1001]

One simple option is to install a post - as the space is demised to them, this stops anyone else parking there

[number7en]

So did you tell them they had agreed not to issue tickets?

YES

how, by whom and at whose cost do you expect your 'exclusive rights' to be enforced? And if others parked in your exclusive parking areas, thereby making you a parking nomad, what could you do on your own to prevent this? And where would you expect to park if not in the spaces reserved to you?

No one parks in my spaces, people park in front of them (I'm on the end of a run of spaces with what is effectively the road in front of me and kerbing), which more often than not is not an issue as there is enough space for access, but on occasion they park too close to my car along the kerbing and make access impossible if my neighbour has parked next to me in their space .... but I'm happy to leave notes asking people to be more considerate etc. Fair point about who will enforce the parking and my rights, ultimately me I guess, because people still park there regardless of parking enforcement - they haven't solved the actual issue, they're just penalising the person whom they should ultimately be helping.

One simple option is to install a post - as the space is demised to them, this stops anyone else parking there

No need for the post as it's not my spaces that I'm trying to stop people from entering (because generally people don't park in them - probably a few times in a few years), it's the people noted above whom park in an area that is not a parking space whom create problems from time to time (but a good suggestion if that was the case).

cheers

This post has been edited by number7en: Wed, 12 Feb 2020 - 18:40

[nosferatu1001]

Lettting their tyres down is one option.
Theyl soon get the message.


This post has been edited by nosferatu1001: Thu, 13 Feb 2020 - 11:08

[number7en]

Lettting their tyres down is one option.
Theyl soon get the message.

There is that option