Private parking firms and residents car park

Private parking firms and residents car park

Author
Discussion

DaGuv

Original Poster:

446 posts

206 months

Friday 24th March 2017
quotequote all
I'm the owner of a tenanted flat in a development of 46 flats. The management company want to start using ukcps to run the car park. There has never really been an issue with parking and bays are not allocated to flats. They are going to start a trial soon with ukcps controlling the parking with 1 permit per flat and 1 visitor pass per flat. I have concerns about the legatlity of this. The car park has no marked bays as such since the lines have worn out. I think the problem is that there a few fuss pots who live there who like to moan a lot. What are my options for stopping the trial etc. Thanks

Crispynotes

44 posts

90 months

Friday 24th March 2017
quotequote all
Write to the management company advising you and your visitors do not want to be part of this trial and you and your visitors will park on the land as you did before free of any restrictions or conditions.

S11Steve

6,374 posts

184 months

Friday 24th March 2017
quotequote all
Try to make sure the fuss pots are the ones who get the most tickets for parking in their own spaces...


In truth though, "Primacy of contract" is what matters. If your tenancy agreement that you have signed states that you get a parking space, then any plasticard sign that UKCPS stick on a wall nearby is worthless, and there are hundreds of case examples to support this.
Similarly, if you own the property and it comes with a parking space, then you could even counterclaim for trespass - again, there are cases to support this, but I think the legal phrase is "right to quiet enjoyment"


I'd also send the management company this link to make them aware of what sort of shyster company they are getting involved with - http://parking-prankster.blogspot.co.uk/search?q=u...
They really are one of the more predatory companies out there and have been banned twice from accessing kepeer data from the DVLA. They are also affiliated to the IPC who are the biggest cowboys in the private parking game. Appeals are futile, court claims being issued are common.


Mrr T

12,229 posts

265 months

Friday 24th March 2017
quotequote all
From your post you are the owner (lessor) of a flat that is tenanted?

If so then you need to read your lease. The lease will define your rights to park.

Let us know what is says.

MikeGoodwin

3,339 posts

117 months

Friday 24th March 2017
quotequote all
Seriously do everything you can to stop that from happening. The management company are probably going to get money for any tickets ukcps receive money for so I suspect they will ignore any complaints and go with whatever works for them.

ukcps are part of the IPC, ill let you look into the IPC and their 'independent' appeals service the IAS, MSE parking fine forums sticky thready at the top will tell you all you need to know.

If you forget to display your ticket or it falls off and they give you a ticket then you will have no chance of winning and having it overturned no matter the circumstances. Which means youll either pay up £140 like a twunt or ignore and receive countless letters with BOLD RED lettering that look serious, then maybe they will issue court proceedings if ukcps are into that.

If it were a private firm under the BPA (who have POPLA appeals service) then it would be almost as bad but overturning tickets is fairly easy but time consuming.

Good luck. I honestly do not miss living in a flat and dealing with a management company and private parking firm. Used to boil my piss paying £2k a year in fees for absolutely abysmal service. Total scam.


Countdown

39,879 posts

196 months

Friday 24th March 2017
quotequote all
DaGuv said:
I'm the owner of a tenanted flat in a development of 46 flats. The management company want to start using ukcps to run the car park. There has never really been an issue with parking and bays are not allocated to flats. They are going to start a trial soon with ukcps controlling the parking with 1 permit per flat and 1 visitor pass per flat. I have concerns about the legatlity of this. The car park has no marked bays as such since the lines have worn out. I think the problem is that there a few fuss pots who live there who like to moan a lot. What are my options for stopping the trial etc. Thanks
What are they moaning about? Are some tenants taking up more spaces than others?

bad company

18,574 posts

266 months

Friday 24th March 2017
quotequote all
We had a similar situation when the landlord of our offices decided to issue tenants with parking permits and use a parking firm to enforce. We sent the permits back with a letter pointing out that the lease makes no provision for displaying permits and no right for any third party to impose fines or charges for failure to display.

Good luck op.

surveyor

17,818 posts

184 months

Friday 24th March 2017
quotequote all
Many modern leases will allow the management to introduce new regulations in the principle of good estate management.

In terms of the number of passes you need to look hard to determine what rights you have and whether the management are attempting to reduce your parking provision.

This is not a query that can be answered without someone who knows what they are doing reading your lease.

Mrr T

12,229 posts

265 months

Saturday 25th March 2017
quotequote all
MikeGoodwin said:
Seriously do everything you can to stop that from happening. The management company are probably going to get money for any tickets ukcps receive money for so I suspect they will ignore any complaints and go with whatever works for them.

ukcps are part of the IPC, ill let you look into the IPC and their 'independent' appeals service the IAS, MSE parking fine forums sticky thready at the top will tell you all you need to know.

If you forget to display your ticket or it falls off and they give you a ticket then you will have no chance of winning and having it overturned no matter the circumstances. Which means youll either pay up £140 like a twunt or ignore and receive countless letters with BOLD RED lettering that look serious, then maybe they will issue court proceedings if ukcps are into that.

If it were a private firm under the BPA (who have POPLA appeals service) then it would be almost as bad but overturning tickets is fairly easy but time consuming.

Good luck. I honestly do not miss living in a flat and dealing with a management company and private parking firm. Used to boil my piss paying £2k a year in fees for absolutely abysmal service. Total scam.
It does depend on the lease. If the right to park is clear every ticket could be a £250-£750 win for the owner.