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A magement company owns a block of flats and the surrounding plot of land.

Flat "owners"/leaseholders take out a mortgage to lease the flats for a number of years.

They sublet to tenants (with permission).

Parking enforcement is put into place by the management company and contracted out.

Parking permits are sent to the leaseholders, including non-resident ones.

Subletters/resident tenants (who have let flats advertised with parking) are fined for parking in the residents' parking area until they get the permits.

Do the tenants have a legal basis for having such fines waived or reclaiming them?

  • Is there a tenant-association or something like that here? Any contracts that relate to these fines? – user3851 Apr 5 '16 at 21:49
  • Not really, as the flats are owned by a management company (even if people can buy a lease - UK thing!). I think the leaseholders (flat "owners") do not have a right to decide such things, unless half of them can agree and afford to buy the freehold. I don't know, if people renting from the leaseholders even have a right to see the lease agreements. – nsandersen Apr 6 '16 at 17:50
  • Presumably there exists a business process for tenants and leaseholders to register vehicles, changes in plates, etc. Since the intent of fines is to discourage stealing parking capacity from registered vehicles, it serves registrants overall. Is the registration process unreasonable? – user662852 Apr 7 '16 at 12:48
  • Well, after sending letters to the flats saying they will include/send permits, they sent the permits to the "owners" (leaseholders) rather than the residents, and it is impossible to make the point with them that the residents should be the ones permitted to park in the residents' parking, rather than the owners. So in that sense the process is not reasonable, but that has to be taken up with the owner/landlord/letting agency, which one is not necessarily in a good position to do. – nsandersen Aug 16 '16 at 10:36
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Only governments can levy fines ... don't pay them. You don't have to give people money just because they ask for it.

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    Could you provide some evidence for this? For example: moneysavingexpert.com/reclaim/private-parking-tickets – Steve Melnikoff Apr 5 '16 at 16:03
  • @SteveMelnikoff don't have to - the onus of proof is on the person who claims you owe them money. – Dale M Apr 5 '16 at 20:13
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    My point is that you're making unsubstantiated statements. Notwithstanding your high reputation on this site, why should anyone believe you? I know you're right - but only because I looked it up myself. :-) – Steve Melnikoff Apr 5 '16 at 20:16
  • @SteveMelnikoff My point is people need to understand some fundamental rules of law and society like - you don't have to give people money just because they ask you to. – Dale M Apr 5 '16 at 20:58
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    While I agree that that is often self-evident, it seems that people don't always know or understand the difference between a parking fine issued by the state, and one issued by a private company. If more people did, I imagine that the latter wouldn't stay in business long! Hence my request for some evidence to back up your statement. – Steve Melnikoff Apr 5 '16 at 21:35

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