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  • FIRST POST
    • r0wly86
    • By r0wly86 16th Mar 17, 4:02 PM
    • 16Posts
    • 5Thanks
    r0wly86
    Parking in my own space - a bit different
    • #1
    • 16th Mar 17, 4:02 PM
    Parking in my own space - a bit different 16th Mar 17 at 4:02 PM
    I know there is plenty of posts on here about tickets being given for parking in your own space, I have read them with great interest and have proceeded in line with the advice.


    However my situation is slightly different.


    I was given a parking charge notice from Parking and Property Management for not displaying a permit, my car with a permit was unexpectadly in the garage waiting on a part and so had a loan car.


    so far pretty much the same.


    My lease says I have access to the parking spot for all uses ancillary to being a resident. So I argued primacy of contract.


    However as I am a shared owner with a housing association my lease is with them. The PPC was contracted by the freeholder. I contacted the freeholder to get him to cancel the PCN as he is the person in contract with them. He has refused stating my lease is with the housing association and I should deal with.


    What powers could the HA have over the PPC as they are not party to the contract? Is the freeholder guilty of tortious interference, as in this case he has admitted to being a third party.


    My questions are have I gone down the correct route arguing primacy of contract, does the fact that there are different parties involved make any difference.
Page 1
    • DoaM
    • By DoaM 16th Mar 17, 4:56 PM
    • 3,032 Posts
    • 3,084 Thanks
    DoaM
    • #2
    • 16th Mar 17, 4:56 PM
    • #2
    • 16th Mar 17, 4:56 PM
    You need to see a copy of the HA's lease with the freeholder.

    If YOUR lease has no mention of parking permits being required then the PPC have no claim against you, as YOUR contract is primary. If the HA's contract does mention such conditions then the HA may be liable for the charge - if they haven't placed such conditions in your lease then they accepted liability and have not taken action to transfer the liability.

    (IMHO)
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Coupon-mad
    • By Coupon-mad 17th Mar 17, 12:37 AM
    • 49,037 Posts
    • 62,500 Thanks
    Coupon-mad
    • #3
    • 17th Mar 17, 12:37 AM
    • #3
    • 17th Mar 17, 12:37 AM
    Is the freeholder guilty of tortious interference, as in this case he has admitted to being a third party.
    I would say so. This is an attempt and derogation from grant (you are already lawfully granted the unfettered right to park).

    Also, there is the secondary argument that the PPC has not offered you anything of value because you already enjoy the right to park. No contract then.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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