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Started by Stellata on Jun 19, 2020 4:23:56 PM
Parking headache

In my block of flats we each have our own parking space for our exclusive use. About 18 months ago we had a vote on whether or not to instruct a 'parking eye'. I wasn't keen but it went ahead.

In February I had my windscreen replaced and for one day, I forgot to display my parking permit. I was issued a £60 fine despite the company having my car's details on file. I appealed the fine and heard nothing more, so I assumed they'd given up.

A couple of days ago I received an email informing me that my appeal was unsuccessful and the fine had risen to £100, with 14 days to pay. I had argued that my lease clearly stated I had the right to park in the space attached to my property, but apparently this right was waived when we instructed a parking management company.

I'm self-employed and don't have a spare £100 to pay for parking in my designated parking space. It's really got me down - it's just so nasty.

Is there anything I can do?

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Ginmonkey - 19 Jun 2020 16:41:00 (#1 of 112)

That sounds shit.

So you own a parking space and it is for your exclusive use? Is it included on your lease and noted as for your exclusive use? Seems a bit wrong to make you display a permit to park on your own property.

If every flat has their own private parking space why did your ManCo think it was neccessary to appoint parking enforcers?

If you felt it worth it you could get advice on the terms of your lease and the legality of the Man Cos actions.

InternationalVicar - 19 Jun 2020 16:44:10 (#2 of 112)

Not sure a lease can be waived just like that.

Agaliarept - 19 Jun 2020 17:00:16 (#3 of 112)

If every flat has their own private parking space why did your ManCo think it was neccessary to appoint parking enforcers?

Presumably to stop non residents taking up spaces.

I got clamped moving into a block of flats once (also with dedicated parking space for the flat I was renting). I ended up having to borrow it from friends to pay.

Though my clamping was about 15 years ago. I thought laws came in to stop these arbitrary fees from rogue parking firms?

Stellata - 19 Jun 2020 17:09:36 (#4 of 112)

So you own a parking space and it is for your exclusive use? Is it included on your lease and noted as for your exclusive use?

Yes, exactly..

If every flat has their own private parking space why did your ManCo think it was neccessary to appoint parking enforcers?

Residents were frustrated at people parking in their spaces so ManCo instructed this company. Apparently there’s been a campaign to get rid of them (the parking enforcement) for the past year but like everything else, nothing progresses. I asked ManCo for their help appealing the fine but they said they couldn’t get involved.

Stellata - 19 Jun 2020 17:11:03 (#5 of 112)

I thought laws came in to stop these arbitrary fees from rogue parking firms?

So did I. Getting clamped for that is insane. At least they didn’t clamp me.

Ginmonkey - 19 Jun 2020 17:29:25 (#6 of 112)

That seems mad. Surely your ManCo instructed them as they are operating on private land?

We have a very complex parking situation in our block. Some flats have a private garage, a small number have private parking spaces, some have both. There are also a larger number of open spaces that are available on a first come first served basis to all residents or their visitors.

Parking is always an issue and there are frequent calls to implement parking enforcement but we don't as we are worried about exactly the situation you describe.

Stellata - 19 Jun 2020 17:32:07 (#7 of 112)

The parking enforcement doesn’t seem to even deter unauthorised parking. I think I was very unlucky indeed to get ticketed as none of us has ever seen anyone patrolling, and no other resident has ever received a ticket when they have forgotten to display their permit.

Stellata - 19 Jun 2020 17:33:28 (#8 of 112)

A neighbour has recommended I hold my nerve as she has had a similar experience elsewhere and thinks they’re likely too nervous to take me to court. I’m not sure what to do.

tasselhoff - 19 Jun 2020 17:35:14 (#9 of 112)

If it's your property they can shove their fine where the sun don't shine. They know you were there legally, as they've recognised who you are. It's extortion.

tasselhoff - 19 Jun 2020 17:35:38 (#10 of 112)

IANAL

cozzer - 19 Jun 2020 17:37:24 (#11 of 112)

Just say you are Stellata of the Land and you do not recognise their jurisdiction. And throw something in about Magna Carta.

Ginmonkey - 19 Jun 2020 17:38:16 (#12 of 112)

I think as you can prove it is your parking space and therefore can park there, the fine should be waived.

These people should be working for the benefit of the leaseholders not against them.

Who pays them?

Stellata - 19 Jun 2020 17:39:02 (#13 of 112)

These people should be working for the benefit of the leaseholders not against them.

I’m wondering if I should write to them with polite words to that effect, or just ignore.

Stellata - 19 Jun 2020 17:39:31 (#14 of 112)

Who pays them?

They don’t charge - they make their money from the fines.

nemo75 - 19 Jun 2020 17:43:23 (#15 of 112)

I’m wondering if I should write to them with polite words to that effect, or just ignore.

Do this. Copy the letter to the management company and agent, if there is one.

I would finish with a paragraph that you now consider this matter settled and further correspondence will not be entered into.

johnarrgh - 19 Jun 2020 17:44:17 (#16 of 112)

I had a couple of these, one for parking over my allotted time on Tescos in Inverness, never paid and after several letters from the boot boys who they handed the debt over to were ignored, they stopped.

Similar thing on another town car park where I had paid and displayed a ticket but the camera picked me out because I had forgotten to print the car reg on my ticket at the machine. Just ignored all the letters and even phoned them up an explained my error, and that I did still have the ticket I purchased with the date and time stamp on it. The letters kept coming form the recovery company threatening court action for maybe 18 months. I did feel confident though that because I still had the ticket they would eventually back off. I would try and get to speak with other people who have had issues with this particular company if you can.Or take a chance and dont pay it sounds like you have a good defence.

Ginmonkey - 19 Jun 2020 17:47:20 (#17 of 112)

There must be some terms of engagement from your ManCo. I suspect the problem they were called in to solve was not residents parking in their own parking spaces.

nemo75 - 19 Jun 2020 17:48:37 (#18 of 112)

You have a legal right to park there. You assert this and tell them cease and desist.

tasselhoff - 19 Jun 2020 17:54:14 (#19 of 112)

And tell them any further demands would be considered harassment (you might want to look for templates online, saying your solicitor has a copy too, sending it registered letter etc).

InternationalVicar - 19 Jun 2020 18:36:50 (#20 of 112)

the challenge is to resolve it without solicitor or court.

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