gopher.createaforum.com/1/forums/ftla/p/2386

DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 28123--------------------------------------------------
UKPC issued parking fine - will probably reject appeal because
of no permit
DIR By: MenteEtManu
Date: July 1, 2024, 4:03 am
---------------------------------------------------------
Good morning.
I have received 2x parking fines from UKPC stating that I have
overstayed. Our houses unfortunately right in front of a parking
lot controlled by UKPC. We have lived here for 6 years and have
always had 2 vehicles. One vehicle is always parked in our owned
parking space, and the other is parked in the parking lot. I
have never received a parking fine from UKPC until 2 came
through the door recently.
Normally the second vehicle is parked in the spaces closer to
our house, but because of the school rush in the morning, it had
to be parked in the spaces opposite. This is when I received the
2 parking fines, because the vehicle didn�t move for a few days.
This is the parking lot:
HTML https://imgur.com/a/Ch10v70
The yellow marking is our owned spaces, not controlled by
anybody.
The blue markings are the spaces controlled by UKPC. Normally
the vehicle is parked to the left of the top blue line, however
in this incident the vehicle was parked to the left of the
bottom blue line.
The green marking is an area that belongs to other houses, we
cannot park there.
This is the sign that is hung around the car park:
HTML https://imgur.com/a/IAjVhYL
This is the first letter I received:
HTML https://imgur.com/a/CIpeX5S
I appealed this letter stating that I am not a visitor, I am a
resident and they sent another letter (I can�t find it
currently) asking for proof that I was in fact a resident, which
I sent 2 utility bills.
They then replied with this letter:
HTML https://imgur.com/a/g9XvSIt
They have asked for proof of a parking permit. I had no idea
where to even get a permit. I phoned the council and they said
that permits were nothing to do with them. It doesn�t state on
the signage where to get these permits either.
This was my reply:
HTML https://imgur.com/a/HWAOSVD
Hopefully I have given a good enough description. If not, I can
answer any questions further.
Thanks
AMENDMENT:
Please find the other charge notice that I didn�t add earlier:
HTML https://imgur.com/a/NBuf7oL
When I appealed the first time, I stated that I was not a
visitor as the sign stated, I was a resident and therefore did
not come under their visitor clause. I also stated that I had
parked there for 6 years with no problems, until now, and that I
had spoken with the council who had said that they don�t issue
parking permits for our area.
This was their reply to both appeals (I wrote the same in the
appeal box for both charges):
HTML https://imgur.com/a/zMCM8zI
HTML https://imgur.com/a/QRFZA6e
This is when they responded by asking for proof of the
residential permit.
I own the property so I can have a look at the deeds and update
later.
#Post#: 28129--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: DWMB2
Date: July 1, 2024, 4:40 am
---------------------------------------------------------
I note mention of you being a resident - what does your lease
say about parking? This is often of importance in residential
cases - you should show us the exact wording of any relevant
clauses, don't summarise them.
You also mention 2 charges, but have only shown us
correspondence for one. For each charge we need to see:
- The PCN
- The exact text of any appeal submitted
- Their response
So that you are going into this process with your eyes open,
UKPC are stubborn, and are likely to push this all the way to
issuing a court claim. However, a pattern has emerged in recent
years whereby they often pull out at the last minute if a claim
is defended. We cannot guarantee this will happen, as prior
conduct isn't a reliable indicator of future conduct, but it's
the way they've been operating for a while: DCB LEGAL RECORD OF
PRIVATE PARKING COURT CLAIM DISCONTINUATIONS
HTML https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations
#Post#: 28212--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: MenteEtManu
Date: July 1, 2024, 3:24 pm
---------------------------------------------------------
Thanks for your reply. I have added an amendment at the bottom
of my text with most of the things you asked for. Unfortunately
I haven�t got the exact details of my first appeal as I stupidly
didn�t screenshot it.
I own the property so I�d need to have a look at the deeds or
title plan.
#Post#: 28213--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: DWMB2
Date: July 1, 2024, 3:26 pm
---------------------------------------------------------
--- Quote from: MenteEtManu link ---
>
> I own the property so I�d need to have a look at the deeds or
title plan.
>
--- End Quote ---
Freehold or leasehold?
#Post#: 28215--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: MenteEtManu
Date: July 1, 2024, 3:27 pm
---------------------------------------------------------
It�s freehold
#Post#: 28218--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: DWMB2
Date: July 1, 2024, 3:31 pm
---------------------------------------------------------
You could do with establishing what (if any) rights you have to
use the land on which the car was parked.
#Post#: 28220--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: MenteEtManu
Date: July 1, 2024, 3:36 pm
---------------------------------------------------------
I�ve asked the council about parking here and their answer is
that they haven�t adopted the roads around here yet. Therefore,
it�s nothing to do with them.
Apart from reading the deeds and title plan, are there any other
avenues I can take to find out?
Thanks
#Post#: 28270--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: manila
Date: July 2, 2024, 2:47 am
---------------------------------------------------------
So, if I'm understanding this correctly, you weren't parked on
the land you own, but were parked on a street which isn't
adopted by the council. Is there any particular reason why you
would have some sort of right to park there? Who manages the
street? I.e. who would have contracted UKPC to manage parking?
#Post#: 28313--------------------------------------------------
Re: UKPC issued parking fine - will probably reject appeal
because of no permit
DIR By: MenteEtManu
Date: July 2, 2024, 6:35 am
---------------------------------------------------------
Yes that�s correct, the car park (in blue) isn�t my land. I�m
not entirely sure who would�ve contracted UKPC. Across from my
house (bottom of the car park picture) there are some shops,
Co-Op, 2x charity shops, 3x fast food places.
As far as I�m aware, any problems on the estate are corrected by
the developers. I believe that�s Persimmon.
I have no legitimate claim to park there apart from only having
1 owned parking space and 2 vehicles (because we both work), and
there is literally nowhere else to park on the estate because
it�s already rammed with far too many vehicles. I have parked
here for 6 years with no issues until these 2 charges came
through, and for some reason if we park on the top blue line on
the left, they don�t seem to give us these charges. I just
happened to be parked on the bottom blue line because I couldn�t
park anywhere else.
*****************************************************
Page 1 of 1