parking ticket in own apartment space

[bad company]

Why not just decline to pay and invite them to sue you? If the lease really is silent or vague on parking enforcement they will probably back down.

[anonymous-user]

blueg33 said:

andburg said:

I'd pursue evidence of loss for this invoice....you parked in a space you pay for, there can be no loss.

This principle is currently being considered by the supreme court

Not quite. A rather different principle is before the Court.

[HantsRat]

I don't see what the issue is.

We have private parking enforcement on our estate and I'm glad as we used to have a problem with train station commutator parking. I am given a permit to place in my windscreen and a web URL where I can enter any visitors car details and date etc.

I don't expect the parking company to know which car is usually parked in which bay so if I forget to put my permit in my windscreen I would expect a ticket.

[anonymous-user]

bad company said:

Why not just decline to pay and invite them to sue you? If the lease really is silent or vague on parking enforcement they will probably back down.

This. Do not waste your time with POPLA and such.

[bad company]

HantsRat said:

I don't see what the issue is.

We have private parking enforcement on our estate and I'm glad as we used to have a problem with train station commutator parking. I am given a permit to place in my windscreen and a web URL where I can enter any visitors car details and date etc.

I don't expect the parking company to know which car is usually parked in which bay so if I forget to put my permit in my windscreen I would expect a ticket.

Which makes your situation different from the op's.

[blueg33]

bad company said:

Why not just decline to pay and invite them to sue you? If the lease really is silent or vague on parking enforcement they will probably back down.

Here is a thought. If the lease is silent, then parking co must have trespassed to put the ticket on the car. You could take action to recover your loss, which is the same as the penalty

[WCZ]

still awaiting the result from my POPLA appeal.

was talking to someone else in the building today who is appealing it and he said the management company is amendment the lease states that the leaseholder will allow the management company to do whatever it deems fit in a broad sense?

I looked through it again today and spotted this:



Could I be defeated here?

[andburg]

Thanks for the update.

Never had a ticket or dealt with POPLA so no idea on your chances, to me it still seems unreasonable to invoice someone for parking in their own space and not showing a permit. The operator where I park for work take a common sense approach. Should I park a borrowed car without letting them know or forget to display my permit there is a cancellation fee of £10 to cover administration.

We shall have to see whether common sense prevails.

[blueg33]

The question may well end up being one of "reasonableness"

[nikaiyo2]

HantsRat said:

If it's leasehold, then you do not own the land. The land owner owns the lands and leases it out. The land owner can put whatever conditions they like on their land.

I would just pay up and get a permit for future use. After all it will stop people parking in your bays that do not live there.

fk me that is utter, utter, utter rubbish, please tell me your job has nothing to do with law?

To the OP Google Davey vs UKPC, very very similar situation to yours.

[Vimto156]

I would be thinking of getting together with the rest of the residence and looking at buying out the Management company under The Commonhold and Leasehold Reform Act 2002 - as it seems they don't have you, the leaseholder, best interests in mind. If they did, they would have the tickets cancelled without hesitation. As a long Lease holder you do have quite a bit of clout.

This will appeal to the powerfully built sect of PistonHeads - as you become a company director - Red Bull optional.

[bad company]

nikaiyo2 said:

HantsRat said:

If it's leasehold, then you do not own the land. The land owner owns the lands and leases it out. The land owner can put whatever conditions they like on their land.

I would just pay up and get a permit for future use. After all it will stop people parking in your bays that do not live there.

fk me that is utter, utter, utter rubbish, please tell me your job has nothing to do with law?

To the OP Google Davey vs UKPC, very very similar situation to yours.

Yep, utter rubbish. IMO the op should never have involved POPLA, just refuse to pay & let them try to sue you. Very unlikely they would take the risk.

[herewego]

andburg said:

Thanks for the update.

Never had a ticket or dealt with POPLA so no idea on your chances, to me it still seems unreasonable to invoice someone for parking in their own space and not showing a permit. The operator where I park for work take a common sense approach. Should I park a borrowed car without letting them know or forget to display my permit there is a cancellation fee of £10 to cover administration.

We shall have to see whether common sense prevails.

This seems a sensible solution. A small charge for residents and a large charge for people whose cars shouldn't be there. OP could ask management people to negotiate this.

[surveyor_101]

WCZ said:

still awaiting the result from my POPLA appeal.

was talking to someone else in the building today who is appealing it and he said the management company is amendment the lease states that the leaseholder will allow the management company to do whatever it deems fit in a broad sense?

I looked through it again today and spotted this:



Could I be defeated here?

Have you tried speaking/writing to your management company?

I would tell the PPC you own the space and are enittled to park there. You will not pay they will have to take you to court. However the beavis judegment has once again made it open season on all motorist.

[WCZ]

surveyor_101 said:

Have you tried speaking/writing to your management company?

I would tell the PPC you own the space and are enittled to park there. You will not pay they will have to take you to court. However the beavis judegment has once again made it open season on all motorist.

yes, the management company has said there is nothing they can do.

annoyingly the PPC company acknowledge that I'm the owner of the space but are still continuing to pursue the fine.

I'll be taking legal advice within the next few weeks

[surveyor_101]

WCZ said:

yes, the management company has said there is nothing they can do.

annoyingly the PPC company acknowledge that I'm the owner of the space but are still continuing to pursue the fine.

I'll be taking legal advice within the next few weeks

What is the fine?

[andburg]

surveyor_101 said:

WCZ said:

still awaiting the result from my POPLA appeal.

was talking to someone else in the building today who is appealing it and he said the management company is amendment the lease states that the leaseholder will allow the management company to do whatever it deems fit in a broad sense?

I looked through it again today and spotted this:



Could I be defeated here?

Have you tried speaking/writing to your management company?

I would tell the PPC you own the space and are enittled to park there. You will not pay they will have to take you to court. However the beavis judegment has once again made it open season on all motorist.

My interpretation from Beavis is that the charge was judged legal based on a need to discourage people from parking outside the terms set and preventing customers from being able to park. Customers who cant park not only wont buy on this visit but if repeated may not bother to even try in future.

This issue is substantially different as OP has paid for the space to be allocated solely to him so was not preventing its intended use.

The car park owner should have the power to call the dogs off but doesn't seem to want to. I'd expect a court to look favourably on the OP for attempting to follow the defined procedure rather instead of saying "I'm not going to pay come sue me" and possibly wasting the court's time.

[WCZ]

surveyor_101 said:

What is the fine?

think it's around £130 atm (can't remember how much was added by the debt recovery company)

[herewego]

WCZ said:

surveyor_101 said:

Have you tried speaking/writing to your management company?

I would tell the PPC you own the space and are enittled to park there. You will not pay they will have to take you to court. However the beavis judegment has once again made it open season on all motorist.

yes, the management company has said there is nothing they can do.

annoyingly the PPC company acknowledge that I'm the owner of the space but are still continuing to pursue the fine.

I'll be taking legal advice within the next few weeks

I'd be tempted to follow Andburg's idea and offer them £10 as an admin fee. My thinking is that if a court becomes involved they should think that was a reasonable solution.

[surveyor_101]

WCZ said:

think it's around £130 atm (can't remember how much was added by the debt recovery company)

Hav hey put up signage with the contract?