Parking charge for parking in my own space: who helps?

Summary

A private parking charge is not a fine. It is a claim that you broke a contract. If your lease or deeds give you the right to park in your own space, a parking firm may not be able to add new rules that take that right away. Courts have taken that view in some cases. Gather your lease or deeds, ask whoever controls the car park to tell the operator to cancel, and reply in writing to any letter of claim. Do not ignore a court claim.

Key information

• Your right to park: check your lease, transfer deed or title for a right to park in a specific space. This is your strongest evidence.
• Who hired the firm: the freeholder or management company usually signs the parking contract. They can ask the firm to cancel and change how residents are recognised.
• Disability: if a medical condition makes the permit system hard to use, ask the operator and the freeholder for a reasonable adjustment, such as a longer permit.
• Debt collectors: letters from a collection firm do not make the charge correct, and debt collectors have no power to take your goods.
• Letter of claim: if a solicitor sends a letter of claim with a reply form, reply within 30 days saying you dispute it and why.
• Court claim: if you get court papers, respond within 14 days. Ignoring them can lead to a CCJ.
• The freeholder or managing agent can: confirm your right to park, ask the operator to cancel, and fix the permit system. They will not always act unless you put it in writing with evidence.
• The parking operator can: review your challenge and evidence of your right to park, and cancel if the landowner asks. They will not cancel without proof.
• Citizens Advice can: explain private parking charges and replies using appealing a parking ticket. They will not write to the operator for you.

Practical guidance

• Find your lease, deeds or title showing your parking right. You can get your title from HM Land Registry.
• Email the freeholder or managing agent: ask them to tell the operator to cancel and to fix the resident permit system.
• Write to the operator with the lease or deed extract and ask it to cancel.
• If a letter of claim arrives, use the reply form within 30 days. Say you dispute it and attach your evidence.
• If you get court papers, respond by the deadline and get advice.
• Ask the Shaman to order the steps.

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