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Care Parking Driving me insane for parking in a space that is legally mine to use
DS3Guy
post Tue, 12 Jun 2018 - 21:16
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So I live in these apartment blocks, there is a space assigned to the flat which I park in . It is granted to me in the tenancy. I also have a permit on display.

However back in December I got a ticket on it, sent in a photo of the permit and it was upheld. Thought that was the end of it. The company admitted in writing that it was an error and apologised for inconvenience.

However last month the same thing happened, I appealed it with the same evidence AND their own letter admitting the mistake (note that its the same car, same space and the permit in the same location) and somehow it was not upheld, went to POPLA who overturned the fine, again they apologised due to "operator error".

Today same thing, once again! This is absurd, I have lived here for 2 years and only had problems since December. Is there some rogue operator picking on my car or something.
Since this is the third time I want to take it further. Can I take it up with the landowner who is contracted to look after the place. Can I take the parking company to court or something to get them to leave me alone?

TLDR - Car has been parked in the assigned space for over a year, however the parking company has issued tickets 3 times this year, for an "offence" that they have lost to appeal twice, and both times have admitted operator error for them.

It's to the point where I think they are harassing me (or at least someone at the company is) and honestly I think it has gone beyond appeals to POPLA
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post Tue, 12 Jun 2018 - 21:16
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kommando
post Tue, 12 Jun 2018 - 21:29
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Get a hold of your lease, as long as it is worded correctly you can remove there right to access your space and to use it for issuing tickets, then if they do place a ticket you raise a claim for trespass.
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The Rookie
post Tue, 12 Jun 2018 - 21:30
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Welcome to the entirely predictable world of private car parking enforcement, once any abusive parking is removed the only source of revenue is the legitimate users who transgress whatever petty rules they can make up.

Have you approached whoever employ them, usuallymanaging agent?

If you own the space (leasehold or freehold.) then you are in a good position, care parking have to have a contract with the landholder (you) to operate and clealry they don’t.

I’d be starting with a a cease and desist on their harassment and trespassing, followed by a notification under DPA 2018 to cease processing your data followed by a claim when they don’t.


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DS3Guy
post Tue, 12 Jun 2018 - 21:45
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QUOTE (kommando @ Tue, 12 Jun 2018 - 22:29) *
Get a hold of your lease, as long as it is worded correctly you can remove there right to access your space and to use it for issuing tickets, then if they do place a ticket you raise a claim for trespass.


There is this section


The Tenant paying the Rent and the Tenant's Proportion of the Estate Service Charge Costs hereby reserved and observing and performing the several covenants and stipulations on the part of the Tenant contained herein shall peaceably hold and enjoy the Property throughout the Term without any Interruption by the landlord or any person rightfully claiming under or Intrust for the Landlord.

QUOTE (The Rookie @ Tue, 12 Jun 2018 - 22:30) *
Welcome to the entirely predictable world of private car parking enforcement, once any abusive parking is removed the only source of revenue is the legitimate users who transgress whatever petty rules they can make up.

Have you approached whoever employ them, usuallymanaging agent?

If you own the space (leasehold or freehold.) then you are in a good position, care parking have to have a contract with the landholder (you) to operate and clealry they don’t.

I’d be starting with a a cease and desist on their harassment and trespassing, followed by a notification under DPA 2018 to cease processing your data followed by a claim when they don’t.


Can I contact the DVLA, I thought there were standards they had to maintain to have access to their database?

The whole thing is freaking me out, I have been off work for MH reasons and having people mess with my car when I have done nothing wrong is seriously starting to freak me out
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The Rookie
post Tue, 12 Jun 2018 - 21:45
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Bingo, copy to care with the DPA letter and also complain to the managing agent who bought in the parasites.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Eljayjay
post Tue, 12 Jun 2018 - 21:54
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I started this before the two previous posts, but then received a telephone call and did not finish until after they had appeared.

From what you say, I presume that you are a sub-tenant of the flat's leasehold owner.

In this event, there are two important documents: the head lease between the freeholder and the leaseholder; and the tenancy agreement between the leaseholder, i.e. your landlord, and you.

Ask your landlord for a copy of his/her/its/their lease. If they are not helpful, you can get a copy from the Land Registry by completing form OC2. When you have a copy, you will need to go through it with a fine-toothed comb.

In the meantime, go through your tenancy agreement from beginning to end with a fine-toothed comb looking for anything and everything relating to parking and post what you find here.

There is a distinct possibility that no-one has any right to demand that you display a parking permit, but the only way we are going to find that out is by knowing what the head lease and your tenancy agreement have to say.

The stock response from the DVLA is a fob-off. In addition, a peaceful/quiet enjoyment clause of the type quoted by you is unlikely to help you if you are doing something parking-wise which you should not be doing.

So, the starting point here is to establish what you can and cannot do and proceed from there.


This post has been edited by Eljayjay: Tue, 12 Jun 2018 - 22:02
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DS3Guy
post Tue, 12 Jun 2018 - 22:08
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QUOTE (Eljayjay @ Tue, 12 Jun 2018 - 22:54) *
I started this before the two previous posts, but then received a telephone call and did not finish until after they had appeared.

From what you say, I presume that you are a sub-tenant of the flat's leasehold owner.

In this event, there are two important documents: the head lease between the freeholder and the leaseholder; and the tenancy agreement between the leaseholder, i.e. your landlord, and you.

Ask your landlord for a copy of his/her/its/their lease. If they are not helpful, you can get a copy from the Land Registry by completing form OC2. When you have a copy, you will need to go through it with a fine-toothed comb.

In the meantime, go through your tenancy agreement from beginning to end with a fine-toothed comb looking for anything and everything relating to parking and post what you find here.

There is a distinct possibility that no-one has any right to demand that you display a parking permit, but the only way we are going to find that out is by knowing what the head lease and your tenancy agreement have to say.

The stock response from the DVLA is a fob-off. In addition, a peaceful/quiet enjoyment clause of the type quoted by you is unlikely to help you if you are doing something parking-wise which you should not be doing.

So, the starting point here is to establish what you can and cannot do and proceed from there.



Okay thanks.

I have just sent an email to the landlord (we are on good terms since I well pay the rent)
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Eljayjay
post Tue, 12 Jun 2018 - 22:40
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If your tenancy agreement does not state that you have the right to park where you park, you will be reliant on the head lease allocating a parking space to your landlord and a letter or email from him confirming that you have his authority to use the space.
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