RTM enforcing car park rules?

RTM enforcing car park rules?

16:36 PM, 10th May 2021, About a month ago 11

Text Size

I am a leaseholder of an apartment with a defined car park space in the basement. The RTM has re-introduced a local car park management company to ‘police’ the car park area.

I always park in my allocated space. There is no public access to the car park as the entrance is by key fob.

Recently the RTM is insisting that car park permits are displayed and the car park management company is rigorous in upholding this rule.

The RTM have been told by me that I park in MY space (it is part of the leasehold agreement and is identified by car park space number).

Why should I have to display a permit?

Has the car park management company any grounds for penalising me for not displaying the permit?

David



Comments

by terry sullivan

9:22 AM, 11th May 2021, About a month ago

sounds like little hitlers

by Ron H-W

9:41 AM, 11th May 2021, About a month ago

OK, let us suppose that, while you are out or away, somebody other than you - perhaps a guest of one of the other flats - parks in your space, and the next parking attendant is a newbie "who knew not Joseph" (or, in this case, David!)
1. The car is in your space, so (by what you have been insisting) this is OK, even without displaying a permit; even if the guy happened to know your car make/model/reg, 'cos you might well have changed cars!.
2. You come home, find your space is occupied, and try to park elsewhere. Do you have your permit handy, or will you get a ticket?
** Can't you just fix your permit somewhere (very visible but not in your way, e.g. to the back of the rear-view mirror) so that it's always on display without you needing to remember to display it?

by Dylan Morris

10:09 AM, 11th May 2021, About a month ago

I guess that there has been quite a problem with occupants parking in somebody else’s allocated space or in reserved areas causing lots of problems. Otherwise why would the RTM management introduce such a scheme ?
Yes you can be penalised for not displaying the permit as the RTM must be allowed to manage the site. They have probably employed a national car parking company to police the area and dish out fines. They would do this by obtaining owners’ info from the DVLA so you will not pick up a fine from a random unknown person parking in your space (this is whole point of what the scheme is attempting to avoid).
Just display your permit in the window of your car (just leave it there permanently) and help cut down on the unauthorised parking issues.

by David Price

10:55 AM, 11th May 2021, About a month ago

The RTM is your company, get yourself elected as a director and have your say on car parking. Attack from the inside.

by Paul Shears

11:18 AM, 11th May 2021, About a month ago

Reply to the comment left by Dylan Morris at 11/05/2021 - 10:09
"why would the RTM management introduce such a scheme ?"
For the same reason that it has been introduced in many areas where I live. In order to generate an income stream. It has no other function.

by Dylan Morris

11:48 AM, 11th May 2021, About a month ago

Reply to the comment left by Paul Shears at 11/05/2021 - 11:18
Disagree .....parking issues can be a nightmare. Has been introduced on a site where I have a two rentals and cured the problem more or less completely. I’d have a void period and try and park up to do some maintenance only to find my space taken, so had to park in somebody else’s space as no other option. Unless you’ve experienced this yourself you’ve no idea had bad it can get. Outsiders were parking up then going over to the railway station to catch the train to work, leaving their car in an owner’s bay all day. The cheek of it !! The RMC brought in a National firm to patrol the area enforcing £100 fines to anybody not displaying a permit (which has the allocated parking bay number on it). The parking firm do not charge the RMC for the service, they make their money out of the fines. They even put up all the signs for free.
If an RTM is making money out of the scheme the income would have to be declared in the service charge financial accounts. I doubt very much this is simply a money making exercise.

by Dylan Morris

11:49 AM, 11th May 2021, About a month ago

Reply to the comment left by David Price at 11/05/2021 - 10:55
Or have your say at the annual AGM.

by Paul Shears

12:50 PM, 11th May 2021, About a month ago

Reply to the comment left by Dylan Morris at 11/05/2021 - 11:48
"They even put up all the signs for free."
They put up the signs in order to generate an income stream.
The same problems exist everywhere in the area that I live and this conduct has done absolutely nothing but generate an income stream. It's just a right-is-right matter which avoids the question of who is going to be kicked. The environment is unfit for purpose and is getting worse at an increasing rate of about one every two minutes according to recent reports.

by Tim Fenn

7:51 AM, 15th May 2021, About 4 weeks ago

Hi David,
Had this exact same problem.
Everything depends on your lease. Check it first or have a leasehold specialist check it.
My spaces were demised and the lease had no provision for extra monitoring.
Lots of us got tickets, I did not pay mine and asked a solicitor to send a letter to remind the parking company they had no legal basis to issue me tickets and that I didn’t require their help.
Whilst the parking companies can solve problems, they can also cause them. They only make money by sticking those tickets.
If you park a different car in your space and forgot the permit, you get a ticket. I didn’t fancy playing that game.

by Anthony Bloom

9:31 AM, 15th May 2021, About 4 weeks ago

Hi. Some well meaning, if a little off the mark comments here. I am a solicitor and I have been to court for a client and won on this very point. This is the position. Unless the lease reserves the ability to introduce a parking scheme by the landlord or management company they cannot impose that requirement subsequently. The contractual rights of the parties are defined by the lease and the lease alone. So if that confers entitlement to park in a certain place that is it. You have the right to park there (to the exclusion of anybody else if it’s an exclusive right) and you don’t have to display a permit unless the lease says so (which is unlikely). No amount of heavy handedness by a bullying car parking management company changes that. The court agreed with me and it will agree with you. Best of luck.

1 2

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER