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PaulDillon
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PostPosted: 21:09 - 20 Dec 2015    Post subject: Resident parking permit - Reply with quote

I live in a block of flats with an underground car park which is policed by some private parking Nazis. I leave my bikes in my allocated parking space but I don't have my resident permit displayed because I paid for three of them and they all got nicked within a couple of weeks. There is just no way to secure it to the bike in a way which would actually prevent someone else taking it off. I have no idea if they disappeared while the bikes were here or somewhere else. Now I have got parking tickets on all three bikes for not displaying permits. Ok, technically I am guilty but does anyone ever appeal this sort of thing and win?

cheers
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Alpineandy
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PostPosted: 21:24 - 20 Dec 2015    Post subject: Reply with quote

I bought a flat a while back and the previous tenant didn't leave the parking permits. I emailed the Management company saying that I didn't have the permits but would be parking reg no XXX & YYY. They passed the numbers on to the parking Nazis and I was OK.
I'd guess because you haven't told them the reg numbers in advance that your on a loser...
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Ste
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PostPosted: 21:27 - 20 Dec 2015    Post subject: Reply with quote

inb4 Ian Linklater
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Rogerborg
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PostPosted: 22:14 - 20 Dec 2015    Post subject: Reply with quote

Much better asking over at https://forums.pepipoo.com/

Did you get crime numbers for the thefts? Did you bawww to the building management or the parking ghouls about the lack of security? If not, well, hindsight is 20:20.
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conker
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PostPosted: 09:13 - 21 Dec 2015    Post subject: Reply with quote

I've had something similar, though my permit was there, the parking prats was confused that it wasn't in the windscreen and that my car only has 2 wheels.

I've had tickets and debt collection letters from them, I complained but they said there was nothing they could do and that I still had to pay, I told them the only way I would be paying is if ordered to do so in court.

On one of their emails, they'd accidentally included an attachment that was a screenshot of an email :S that email had an address for one of the admin staff. I took to sending him a timestamped photo of my permit every day as pre-emptive proof of the permit (excel parking) until he finally got fed up and asked me to stop bothering him. I've not had another ticket or debt collection letter for around 3 weeks now.

Maybe you could get another permit and keep it locked away at home and just send them a daily photo?
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Rogerborg
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PostPosted: 12:34 - 21 Dec 2015    Post subject: Reply with quote

Tierbirdy wrote:
Ignore them and tell them to jog-on!

Which one?

Tierbirdy wrote:
unless they take you to court and get a court order to do so. Which they wont do.

Is that a fact?

Tierbirdy wrote:
A quick googley shows that private parking tickets are essentially unenforceable because no company wants to risk taking someone to court and losing

You should tell that to, for example, Parking Eye, who are under the impression that they file in excess of 1,000 cases a week.

https://www.parkingcowboys.co.uk/parking-eye/


Tierbirdy wrote:
which will set a legal precedent for people not having to pay their "fines".

They lost and lost and lost again, until they won big time in the Supreme Court:

https://www.supremecourt.uk/cases/uksc-2015-0116.html

There are still defences, but - depending on who is mugging you - you have to use them.

https://www.parkingcowboys.co.uk/ is a pretty decent resource. Have a read about whichever mob is doing the stick up and make an informed decision about how to proceed.
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Tierbirdy
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PostPosted: 12:39 - 21 Dec 2015    Post subject: Reply with quote

Shocked Seems my info is a bit out of date then! Whoops.
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Suntan Sid
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PostPosted: 16:03 - 21 Dec 2015    Post subject: Reply with quote

The advice on Pepipoo is usually "Check your lease"!

What is written in the terms of your lease trumps anything a private parking company may want you to believe.
Check your lease carefully, if there is no mention of "displaying" a permit on your vehicle, the you can, quite rightly, tell them to jog on.

You also need to see the parking cowboys contract.
If it mentions keeping the car park "secure", I'd be of the opinion that they are not fulfilling their part of the contract, (given that your permits have been stolen), I'd be wanting to know why they are allowing theft to go undected!

As said up thread, given you're a resident, surely they should know your registration(s), but that's not what this is about, it's about these parasites extracting money from the residents and sod all to do with parking management!
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PaulDillon
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PostPosted: 12:20 - 22 Dec 2015    Post subject: My Thanks Reply with quote

There is some great advice here - thank you to everyone who has contributed (and I would like a pint of whatever 'Ste' has been drinking). I have decided that I am not going to pay this. The pepipoo forum seems to have cases where people have refused and got away with it, I also intend to use some free legal advice that came with my Bike Insurance. I will post back the results of it all, good or bad, so others can learn from it. Cheers
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Suntan Sid
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PostPosted: 14:03 - 22 Dec 2015    Post subject: Re: My Thanks Reply with quote

PaulDillon wrote:
There is some great advice here - thank you to everyone who has contributed (and I would like a pint of whatever 'Ste' has been drinking). I have decided that I am not going to pay this. The pepipoo forum seems to have cases where people have refused and got away with it, I also intend to use some free legal advice that came with my Bike Insurance. I will post back the results of it all, good or bad, so others can learn from it. Cheers


What does your lease say?
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PaulDillon
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PostPosted: 14:41 - 22 Dec 2015    Post subject: My Lease Reply with quote

Hi, I haven't looked in there yet but I have to admit that the rule that says that each vehicle must display a valid permit is clearly posted on the walls inside the underground garage so I am in breach of the rules. But the spaces are allocated to the individual flats and my bikes are in my space so I am determined not to pay. The rules exist to stop people parking here who don't live here and to stop the residents stealing each other's spaces. My case is neither of those making their action somewhat frivolous. There is also the issue that they have no powers to fine me, they are just issuing me with an invoice which is not allowed to exceed their reasonable and legitimate costs. So three £100 tickets even discounted to £60 each is still £180 and that is about £180 more than I am willing to give these bastards. I am banking on telling them to sue me in the small claims court, if they do I cannot be made to pay more than the original amount as costs are not allowable in the Small Claims Court. If they lose I will use social media to try to ensure that nobody ever pays one of their tickets again without a court case. I am sure they will back down but we will see.
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Rogerborg
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PostPosted: 15:05 - 22 Dec 2015    Post subject: Re: My Lease Reply with quote

PaulDillon wrote:
they are just issuing me with an invoice which is not allowed to exceed their reasonable and legitimate costs.

Sadly, it is. See Beavis. GPEOL is pretty much busted as a defence.


PaulDillon wrote:
if they do I cannot be made to pay more than the original amount as costs are not allowable in the Small Claims Court.

Parking cowboys routinely ask for and receive case preparation costs, even when they are clearly bogus.

I'd urge you to get over to PePiPoo, read what's written, and actually follow their advice. Particularly as regards your lease, finding out who actually owns the land, finding out if the parking cowboys have a contract, and providing pictures of the signage.

Post Protection of "Freedoms" Act, and especially post Beavis, the table is tilted in the cowboys' favour. If you go off half cocked (and I think we're barely sporting a semi here) then your principles could end up costing you a fair bit.


PaulDillon wrote:
If they lose I will use social media to try to ensure that nobody ever pays one of their tickets again without a court case.

Good show. How many tens of millions of followers do you have?
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PaulDillon
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PostPosted: 15:14 - 22 Dec 2015    Post subject: Wise Words Reply with quote

you offer very good advice and I intend to take it. I am just raging on here. If they refuse my appeal I will see if my free legal advice with my Bike insurance are willing to help out. Like you said - it's not worth me running out there and parading my 'semi'. Cheers Very Happy
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Rogerborg
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PostPosted: 15:39 - 22 Dec 2015    Post subject: Reply with quote

I'm raging on your behalf.

It's not that I don't want you to fight, it's that I want you to win.
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Suntan Sid
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PostPosted: 16:40 - 22 Dec 2015    Post subject: Re: My Lease Reply with quote

PaulDillon wrote:
the rule that says that each vehicle must display a valid permit is clearly posted on the walls inside the underground garage so I am in breach of the rules.


It doesn't matter what they post on the walls!
What matters is what it says in your lease!
Your lease trumps their "rules"!
If your lease doesn't specifically mention "displaying" permits, on your vehicles, their "contract" is utterly worthless!

Given that you are leasing a parking space, as well as a home, what right do these monkeys have to enter your property, ie your parking space, without your ,express, permission?
Have you received new parking permits yet and have you informed them that the previous ones were stolen?
Have you informed them that the car park is not secure and subject to petty theft?
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PaulDillon
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PostPosted: 17:01 - 22 Dec 2015    Post subject: Parking Nazis Reply with quote

Unfortunately the Building Management company invited the Parking Nazis to monitor the carpark.
Also I don't know where my bikes actually were when the permits went missing? they could have been nicked at any time anywhere that I left the bikes.
thanks anyway
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Suntan Sid
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PostPosted: 17:14 - 22 Dec 2015    Post subject: Re: Parking Nazis Reply with quote

PaulDillon wrote:
Unfortunately the Building Management company invited the Parking Nazis to monitor the carpark.


Was this before or after you signed your lease?
If it was after you signed the chances are your lease will not mention these particular "Parking Nazis", if you haven't signed a new lease since then you win!
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PaulDillon
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PostPosted: 17:36 - 22 Dec 2015    Post subject: Parking Nazis Reply with quote

I haven't been there all that long so the arrangement was in place long before I got there. The signs are all clearly visible as well, saying that all vehicles need to display a valid pass.

I'm still not paying them though, I'm going to 'stick it to the man' (whatever that means)
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iooi
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PostPosted: 17:43 - 22 Dec 2015    Post subject: Re: Parking Nazis Reply with quote

PaulDillon wrote:

Also I don't know where my bikes actually were when the permits went missing?


So have you actually informed anyone of this fact?

Just how big are these permits?
Small enough to go into a old RFT holder?

How about a sign on the wall stating your bike reg and a copy of the permit. Rather than having to display it on the bike.
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PaulDillon
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PostPosted: 17:53 - 22 Dec 2015    Post subject: Parking Nazi's Reply with quote

Hi,
the permits are about 10 cm square and in laminated plastic so there is nothing I could use like an old tax disc holder. I like the idea of the sign on the wall with a copy of the permit and the reg number of the bikes though. I might ask them if they would be willing to go for that.. Good idea! Cheers
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Suntan Sid
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PostPosted: 18:46 - 22 Dec 2015    Post subject: Re: Parking Nazi's Reply with quote

You could resolve this matter, one way or the other, by, carefully, reading your lease, (you must have a copy, surely).
Ten minutes reading could save you a lot of fannying around.
If it's in your favour you can tell the "Parking Management Co.", Rolling Eyes , to do one.

You are the leaseholder of the parking space, which, AFAIK, means the "Parking Management Co." can FRO!
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arry
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PostPosted: 18:51 - 22 Dec 2015    Post subject: Reply with quote

I'd doubt the lease to be that carefully written and we have no idea whether he's the lease holder or the sub lessee and what the freeholders terms to the leaseholder actually are
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Suntan Sid
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PostPosted: 19:07 - 22 Dec 2015    Post subject: Reply with quote

arry wrote:
I'd doubt the lease to be that carefully written and we have no idea whether he's the lease holder or the sub lessee and what the freeholders terms to the leaseholder actually are


Surely there must be something in writing on whatever documents the OP signed when he moved in.
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Suntan Sid
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PostPosted: 19:12 - 22 Dec 2015    Post subject: Reply with quote

Have a look at this:-

https://forums.pepipoo.com/lofiversion/index.php/t102441.html

Sounds familiar!
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