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IAS appeal rejected for parking in own parking space

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  • IAS appeal rejected for parking in own parking space

    Hi
    i have recently been out of the country and when I came back they had started a permit for parking in my block of flats. Uk car park management (CPM)
    My understanding was that you had to put the permit if parking in visitors pay but not my space as it is my land as shown by lease.

    I received 3 tickets (only one put on window which then alerted me to this) My partner sent the same information and had his 2 tickets dismissed. Mine was not and I had to use the IAS appeal system.
    I sent an appeal letter stating recent cases where this had been thrown out and sent pictures of my lease showing that the parking space is mine and they can’t alter the primacy of contract but it has been rejected.

    Does anyone have any advice of next steps?
    Tags: None

  • #2
    The IAS will reject appeals anyway, they would argue black was white. Their clients need the money and they need the money from their clients. Independent is a misnomer

    You'll just have to wait till you get a letter before claim. Then come back. Ignore the debt collectors.

    Comment


    • #3
      Originally posted by Jwc27 View Post
      Hi
      i have recently been out of the country and when I came back they had started a permit for parking in my block of flats. Uk car park management (CPM)
      My understanding was that you had to put the permit if parking in visitors pay but not my space as it is my land as shown by lease.

      I received 3 tickets (only one put on window which then alerted me to this) My partner sent the same information and had his 2 tickets dismissed. Mine was not and I had to use the IAS appeal system.
      I sent an appeal letter stating recent cases where this had been thrown out and sent pictures of my lease showing that the parking space is mine and they can’t alter the primacy of contract but it has been rejected.

      Does anyone have any advice of next steps?
      Lease overrides contractual rights with the parking company and the freeholder. If you have the right to park on the land in your lease then they are stuffed.
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Would Arkell Vs. Pressdram be the appropriate response to them ?

        Comment


        • #5
          Yes but better not in case it proceeds to a judge.

          Comment


          • #6
            I would let them go ahead but keep a record of the work you have had to do - answer letters politely etc - then present them with a bill. It is the only thing they understand and if more did it then they may not be too quick to litigate in future if they are going to have to shell out.

            Comment


            • #7
              Great to know, thank you people!

              My lease shows outline of flat and space. I have received a new bill of £100 and if I don’t pay within 21days it goes up to £160.

              What should I send now and to who?

              Comment


              • #8
                Have a search and a read of Davey v UKPC. Exactly this situation and cost UKPC dearly

                Send another copy of your lease and remind them to look at Davey v UKPC for the consequences of continuing with their actions

                Comment

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