Legal basis for ticketing

[sharky_655]

Dear all,

 

I have a few questions I wonder if anyone can help with.

 

The scenario is thus:

 

I live in a block of flats with parking. Each flat has its own allocated bay. I own my own flat (leasehold, not renting) and I am sure (but I suppose I would have to check the leasehold) that means I own my own parking bay too.

 

I have today received a letter saying "owing to complaints from residents regarding parking, we are implementing permits and ticketing". The letter also states "We, [management company] have no control over revoking parking tickets. Any issues with parking control must be addressed to [parking company]".

 

The management company (or a parent company or sub-company or similar) is also the landowner.

 

Yes, it's annoying if someone nicks your space, but I can't help but think there are going to be a lot more complaints from residents who get tickets.

 

I have been given a permit to display. I'll put it in the car, of course, but...

 

On what basis can they implement this? As I understand it, the 'parking charge' from a ticket is essentially damages either for trespass or breach of contract.

 

If trespass: 1) surely the parking bay is mine to do with as I please; 2) how can the landowner say they are not involved in revoking tickets? Any 'damages' claim would have to be in their name and they can decide whether to pursue it or not.

 

If contractual, how can I have agreed to this 'contract' when there is nothing in my lease?

 

If (assuming the worst) I was to receive a ticket for parking in my own space, would I have any redress against the management co. for a) interfering with my right to park in my space / my right to a peaceful existence; 2) employing gibbons to do the ticketing; 3) saying I'm a party to a contract when I'm not?

 

Cheers in advance

[reallymadwoman]

As a fellow leasehold resident with a parking space and a 'parking management' company,

 

 

I sympathise and can confirm you are 100% correct that this won't solve any problems, simply add to them.

 

 

The parking company aren't interested in managing the car park, only in generating revenue which

(assuming your management company aren't paying them!)

they only gain if someone both receives and pays a 'ticket'.

 

 

After 6 years of fighting, we've finally at least made our company back off and cease operating on our site

(though their signs remain in place as does their contract, it's their own decision that it's not worth the hassle)

and lo and behold, most problems have ceased entirely.

 

All I can say is that you are bound only by what is in your lease,

though there's almost always a 'reasonable change' clause somewhere.

 

 

However, anyone attaching a 'ticket' to your car is trespassing on your property,

you cannot be trespassing on your own property and you cannot be held to have agreed to any contractual term

to which you were not a party and/or had no option to refuse,

therefore there is no way any claim against you (or anyone else parked in your space with your permission) could ever succeed.

 

If you want to wind them up or are worried that you will inevitably eventually receive a ticket through such spurious reasons

as forgetting to display the permit/permit falling off etc,

 

 

then put in writing to them that you are not accepting the terms of any contract regarding parking on your own property,

you cannot possibly be held to be tresspassing and therefore any such 'ticket' is entirely unenforceable

and the costs of appealing/defending will be passed on to the management company,

and furthermore will also provoke a claim for trespass against the person attaching the ticket to your property.

 

 

It's up to you if you do then display the permit for a quiet life or what for the paper to start falling.

 

 

It may affect your decision to investigate the parking company, particularly as to whether they use POPLA,

which will pretty much guarantee every ticket being overturned at a cost to the parking company of (I think) £28.

[ericsbrother]

Read your lease, that will determine whether you have to go along with this because if the parking space is part of the lease then it is yours as much as your kitcen is. It is an administrative convenience for the managing agents, they also undoubtedly receive an intorduction fee from the parking co but if the space is yours has no legal basis whatsoever so you can ignore their demand to put a parking permit in your car and you can do them for trespass if they ticket it.

However, if the space is basically part of the lendowners curtillage like the lawns and bin area then the allocation of a space if more at their whim so harder to show that it is YOUR space as they will say it is their land and they allow you and only you to use it so you must play along in this game.