Parking ticket in my own parking space

Parking ticket in my own parking space

Author
Discussion

Zeepster

Original Poster:

33 posts

255 months

Sunday 4th October 2015
quotequote all
My managing agency for my flat recently changed parking companies and issued a new parking permit.
I admit I hadn't placed the new permit on my windscreen and I rarely use the car at the moment so completely forgot, but I still had the old parking permit which should in theory point out that the car is owned by me and parked in my own parking space.
What's the chances of getting this fine thrown out? I'm a bit miffed that I would have to pay 60 quid for my own car parked in it's own parking space allocated to my flat.
It also seems so backwards that to complain I have to send them a letter rather than email them!

Any help appreciated.

I'm off to write a letter!

cheers

Colin

PurpleMoonlight

22,362 posts

157 months

Sunday 4th October 2015
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Invite them to prosecute you for parking on your own property.

Should be fun ....

kiethton

13,895 posts

180 months

Sunday 4th October 2015
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I've had this, regularly get tickets in my own space as I refuse to pay £50 a year to park on my own property

Mine have gone no further than letters (all ignored) and stop after 3 or so. If it went further of be asking what loss they've suffered whilst showing my deeds...the standard pre-estimate of loss arguments should suffice.


TooMany2cvs

29,008 posts

126 months

Sunday 4th October 2015
quotequote all
PurpleMoonlight said:
Invite them to prosecute you for parking on your own property.

Should be fun ....
It isn't his property. It's the freeholder's property, which the op is permitted to use, subject to display of a valid parking permit. Which he admits wasn't the case...

megapixels83

823 posts

151 months

Sunday 4th October 2015
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I have had this before but I owned the space. I was polite as anything explaining I owned the space but he was really stty. Told him to prosecute as they would not be seeing a penny off me. Nothing came of it.

In your case I am sure a letter stating the accidental non display of a permit in a space you lease whould see it being filed away surely.

lostmotel

156 posts

135 months

Sunday 4th October 2015
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I've had this a few times in my current flat. I display the permit just to save hassle, but sometimes I forget. (It's not permanently on display as it has my address.)

First thing to do is check what your lease says - well in my case a combination of what my tenancy agreement says along with the landlord's lease. The tenancy agreement says I have the exclusive right to enjoy the property. The lease says the property is the flat, plus the parking space, and that is confirmed on the registered title plan.

The lease says that the management company has the right to erect signs to regulate traffic and parking in the car park. My interpretation of that is they should be putting signs up saying no parking here etc, not contracting with ex-clampers to put a permit system in display and send invoices to residents using their own spaces.

You can have some fun like I did originally by appealing, which was fine when the parking company were in the BPA as POPLA seem to actually listen to reason. When ours switched the IPC, which uses the Independent Appeals Service, there just ceased to be any point. Still getting confetti through the letterbox about those couple of tickets, various empty threats about them intending to recommend considering the initiation of proceedings and such, but I'll only take notice when a proper letter before action comes.

blueg33

35,894 posts

224 months

Sunday 4th October 2015
quotequote all
TooMany2cvs said:
PurpleMoonlight said:
Invite them to prosecute you for parking on your own property.

Should be fun ....
It isn't his property. It's the freeholder's property, which the op is permitted to use, subject to display of a valid parking permit. Which he admits wasn't the case...
This may not be correct. If the op has a lease he has a beneficial interest under property law. Do you know that a condition of lease is that the op displays a permit? even if it is a condition and the permit isn't displayed, what is the freeloaders loss?

davepoth

29,395 posts

199 months

Sunday 4th October 2015
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blueg33 said:
This may not be correct. If the op has a lease he has a beneficial interest under property law. Do you know that a condition of lease is that the op displays a permit? even if it is a condition and the permit isn't displayed, what is the freeloaders loss?
That's a very good point. If it's an allocated space and nobody except the OP is allowed to park in it anyway, and the OP has paid for a permit, there is no loss at all that I can see.

TooMany2cvs

29,008 posts

126 months

Monday 5th October 2015
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davepoth said:
That's a very good point. If it's an allocated space and nobody except the OP is allowed to park in it anyway, and the OP has paid for a permit, there is no loss at all that I can see.
Without the permit being displayed, how are the parking control company meant to know that's the OP's car?

PurpleMoonlight

22,362 posts

157 months

Monday 5th October 2015
quotequote all
TooMany2cvs said:
Without the permit being displayed, how are the parking control company meant to know that's the OP's car?
Oh, probably because they know what reg numbers they have issued permits for I guess.

TooMany2cvs

29,008 posts

126 months

Monday 5th October 2015
quotequote all
PurpleMoonlight said:
Oh, probably because they know what reg numbers they have issued permits for I guess.
1. You assume the permit has the plate on it.
2. You assume the guy in the van has the full list of issued permits with him.

surveyor

17,822 posts

184 months

Monday 5th October 2015
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Parking. Urgh.

The OP will complain if someone parks in his space. He'll want parking control - but he won't want to pay for it. They'll have to collect their pay from the fines.

Then he can't be bothered to put his pass in, and the parking company wage slave will be expected to know this is his car, although he won't. I'll also refer you as to how the parking company have been told to collect their fee's....

The OP will not then man up and accept his own mistake....

OP should be glad that the old and more successful days of clamping are gone.

DanL

6,215 posts

265 months

Monday 5th October 2015
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Pretty standard fare for permit parking at a flat. You'll likely find that you are liable to pay this fine / invoice, as there will be the usual signs up to say that you agree with the terms to park there, which include parking in a marked bay and displaying a permit.

Suspect something in your lease will say that the managing company for the block can do this, and that you have to pay the fine. Usual is also some sort of wording to say that the managing company won't get involved in disputes between the parking control firm and residents.

numtumfutunch

4,723 posts

138 months

Monday 5th October 2015
quotequote all

Our work car park which I pay for is controlled by a parking company

They gave us 1 permit each and will not issue spares
It was so sticky that I put it on the windscreen and it wont come off

The initial application had space to log 2 registration numbers so I listed both of our cars
Oh and there is secure gated access so the public are effectively locked out

Now for the interesting bit

Very very rarely I use the wifes car for work
I cannot take the permit as its fixed such that transferring it will trash it
But no worries as both cars are registered to use the car park

So on the one and only time thus far Ive driven her car to work I return to find a "final warning" notice glued to my windscreen threatening a sizeable fine if I do it again - in a car logged with them which has been driven through a secure gate

Its inevitable I will have to take her car to work at some point in the next 10 years and they were resolute that no permit = fine even with the scenario I describe




405dogvan

5,326 posts

265 months

Monday 5th October 2015
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What you have here is why contracting-out services you personally don't use (e.g. the landlord picks the parking company but the tenant 'uses' them) NEVER works properly - and there's a lucrative market in exploiting this so people do just that.

The good-old capitalist efficiency theory is that a parking company can focus on providing the best possible parking control at the lowest price 'because competition'

The reality is nothing like that because there's no feedback loop via which stty companies are punished - indeed the sttiest are arguably the best rewarded and so get the most work 'because cheapest'

Many Parking companies have no interest in doing what they advertise (effective parking control) - their objective "make money" and so they will do everything they can to ensure they levy every fine possible - including fining the person they're supposed to be helping (but not - importantly - the person they're contacted to!)

Thus the solution lies in making your landlord's life a misery until they give-in and kick the crappy companies into touch. Aim your complaints at them - send fine letters to them - complain if you can't get duplicate badges - deduce fines from your rent - make their life hell and they might choose a less stty company next-time (if they get enough complaints, they'll probably be able to terminate their contract anyway - there will be a service level in there).

You're effectively "closing the loop" and by complaining a lot, it's the British way!

Zeepster

Original Poster:

33 posts

255 months

Monday 5th October 2015
quotequote all
Cheers for the advice guys. I've sent them off a letter with photos showing my car with the old and new permit.

I hadn't used the car for two weeks and completely forgot about the new permit, but my car was showing the old permit which sort of indicates that the car is where it's meant to be. Probably not that they care about that.


andburg

7,289 posts

169 months

Monday 5th October 2015
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Surely as they can only invoice for consequential loss it should be thrown out?
OP is in his space so there can be no loss

Rude-boy

22,227 posts

233 months

Monday 5th October 2015
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Zeepster said:
Cheers for the advice guys. I've sent them off a letter with photos showing my car with the old and new permit.

I hadn't used the car for two weeks and completely forgot about the new permit, but my car was showing the old permit which sort of indicates that the car is where it's meant to be. Probably not that they care about that.
Honest answer for you here.

Now you will be a bit more clued up on putting the right permit in the window and know that the people who are policing the parking on you site are doing their job.

It would be nice for you to get a refund and I would like to think that as a resi you should get a freebie for one such slip up every so often - no harm, no foul, just remember to display your correct permit.


405dogvan

5,326 posts

265 months

Monday 5th October 2015
quotequote all
andburg said:
Surely as they can only invoice for consequential loss it should be thrown out?
OP is in his space so there can be no loss
If you want to see how companies can thrive on the edge of or even beyond legality - operating where no court would support them - profiting from likely illegal use of a public service - Google "Parking eye"

and they're far from the worst - they're just the biggest and most often mentioned...