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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I parked in a parking space allocated to my flat without a

Customer Question

I parked in a parking space allocated to my flat without a parking permit issued by the company that administers the parking security scheme for the flats. (There are notices etc ) I have been given a fine for £100 which the company says I must pay, despite my appeal in which I furnished proof that I am the owner of the flat to which the space is allocated. Is this right?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who is the issuer please?
Customer: replied 2 years ago.

The issuer is a company called Conkai Security Limited. They have a contract with the management company (the terms of which I do not know) and come round periodically to check on the cars parked in the car park for the block of flats. We are expected to apply for a 'permit' (surely just confirmation that we are entitled to park there?). I am the landlord, my tenants have the 'permit'. They had left and I was parked at the flat on business to do with the flat

Expert:  Jo C. replied 2 years ago.
If the right to park is noted in your deeds and there is no mention of any parking regulations I would send them a copy of your lease highlighting the relevant part and telling them to stop writing to you.

The fact that there are notices is immaterial if you have the right to park in that area whether you are displaying a permit or not

The definitive document is the lease.

Someone leases do require you to comply with reasonable rules laid down by the management company from time to time however they have to give you notice of those, they have to be reasonable and simply putting a sign up on the wall of the car park is not sufficient.

When you write back to the car parking company tell them that whilst they should not write to you again if they wish to do so they can issue small claims court proceedings which you will defend. Because of the low value of these penalties they rarely, if ever go to court although if they issue due with a penalty every day over the next fortnight it is worth taking a person to court.

However armed with your lease with the right to park noted in the deeds (assuming that is there) I think you have an excellent defence to any action they bring.

These appeals rarely work quite simply because the parking company has no interest in upholding your appeal because that is how they make their money, enforcing these, not allowing appeals.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

thank you, XXXXX XXXXX I thought. I think it is very misleading to call the things they issue 'permits'. I wonder what the relationship between them and the management company is - do they have an arrangement similar to a license?


BTW I went to check the notice in the car park. today, and it says that by parking in the area you are entering into a contract with Conkai. I cant imagine what legal relationship lies behind this if they have no interest in the land and are simply contracted to administer a car parking security system. Is this all just hokum?

Expert:  Jo C. replied 2 years ago.
These penalties are enforceable BUT they have no right to actually charge it in the 1st place if your lease allocates the space to you and the lease doesn’t say that the mgt co can impose these rules

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