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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11427
Experience:  30 years as a practising solicitor.
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I am retired and live in the flat owned by my daughter and

Customer Question

I am retired and live in the flat owned by my daughter and her husband. They live abroad. In May this year the company that manages my building of 29 flats decided to introduce parking permit for our car park. I received temporary permit named Visitor permit. I kept it on the dashboard waiting for the permanent to be issued. In May I was away for the whole month and was informed that in my absence a parking ticket was issued for not displaying the permit. My neighbour emailed the management company and explained that there is the permit and the car was parked in flat designeited spot. In June, still awaiting the permanent permit I received second ticket when my pemporary permit was not in place. I have written to the company, but they refuse to accept my explanations and issued demand for £300 penalty. What are my rights as lawful resident of the flat?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

Do the owners also own the car park? Are the spaces owned by or allocated to each flat?

Customer: replied 1 year ago.
Thank you for your reply. I could not come back yesterday as my email stop working. The owners of flats are leaseholders just like flats, the lease is for the next 60 or 90 years. The owners pay ground rent and charges monthly. Not all flats have parking space. our flat was purchased with the parking space. My old car was parked there on and off since 2005. New management company contracted security group to issue the permits to prevent local shop owners parking in the car park. At the time of the parking penalty I was in possession of the permit, which was probably not clearly displayed. But the car was parked lawfully and the temporary permit was issued based on car log book, which has the correct address.
Customer: replied 1 year ago.
The security company is operating on private land and instead of penalising unauthorised parking they are prosecuting the lawful leaseholder/flat owner who has the right to park the car. The security firm refused my appeal letter on the bases that the time for the appeal passed, but I was on holiday with my grand children. When I returned they passed the matter to the solicitors and they wrote to me demanding £300. That is for parking in my own parking space. Please, reply.
Expert:  JGM replied 1 year ago.

They have they have absolutely no legal basis to fine you for parking in your own parking space. As you will appreciate the time you take to reply is irrelevant as there is no case to start with. The solicitors won't have even thought about the law here. They just send out letters based on a lost of names. Write to them pointing out that you own the space. I hope that helps. Please leave a positive rating so that I am creditd for my time.

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Customer: replied 1 year ago.
I will write to solicitors on Monday. But I must say they succeeded in scaring me. I might have more questions next week. Thank you very much.
Expert:  JGM replied 1 year ago.

I will be here if you need my further help.

Customer: replied 1 year ago.
I have just written that I am very scared, because I have received letter from the county court claiming £388. What is happening is the world gone mad? I was in my own parking yard, I live in the house. I was issued parking permit. The management company that employs the security issued the parking permit. They could have checked that my car is not trespassing. Please help. Irena
Expert:  JGM replied 1 year ago.

Take the papers to a solicitor and make sure you defend the action. You can't be charges for parking in your own space.