Got a parking ticket on Wednesday outside my flat even though I have permit

bruirn

Just as an addition to my latest post, as I can't really park anywhere else until my new permit turns up (if it ever does!) is there any possibility that I could have my car clamped? Accruing more tickets is annoying enough but getting clamped would take things to another level.

Umkomaas

bruirn wrote: »

Just as an addition to my latest post, as I can't really park anywhere else until my new permit turns up (if it ever does!) is there any possibility that I could have my car clamped? Accruing more tickets is annoying enough but getting clamped would take things to another level.

No prospect of a clamp. Totally illegal now as a result of the Protection of Freedoms Act.

If it is clamped, call Plod.

Half_way

did you check your rental/lease agreements and if possible ask your landlord about the parking

As for racking up the charges don't worry about it, is the landowner making a loss as a result of your parking equivalent to the amount the parking company are charging.

again: please check your lease/rental agreement what does it say if anything?

bruirn

Umkomaas wrote: »

No prospect of a clamp. Totally illegal now as a result of the Protection of Freedoms Act.

If it is clamped, call Plod.

Well that's something less to worry about anyway. Cheers.

Half_way wrote: »

did you check your rental/lease agreements and if possible ask your landlord about the parking

As for racking up the charges don't worry about it, is the landowner making a loss as a result of your parking equivalent to the amount the parking company are charging.

again: please check your lease/rental agreement what does it say if anything?

Have checked the lease and unfortunately there's no mention of car parking at all. I'm almost certain the flat was advertised with a car parking spot although I don't suppose that makes any difference even if I could find original advert (was advertised online over three years ago).

bod1467

If it doesn't mention car parking then it also doesn't mention needing a permit.

bruirn

bod1467 wrote: »

If it doesn't mention car parking then it also doesn't mention needing a permit.

That's a good point actually

Guys_Dad

Regrettably, POPLA do not have a history of being persuaded by the fact that the parking space is "yours" and your lease may or may not have any reference to any arrangements with PPCs.

They look at who is the landowner, who they appointed to manage the site and does the PPC have a valid contract with the managing agent.

So you need to clearly look at the arrangements that the landowner has with the agent and then the contract that the agent has with the PPC.

Both of these need to be challenged. Structure your appeal on the basis "show me the valid contract between landowner and agent that allows agent to engage a PPC", then "show me the contract that allows PPC to ticket and charge me and where does the money go".

Then you can add your lease that does not give the landowner any right to levy further charges on you as a 3rd point, but I fear POPLA won't want to go into that as they won't have sufficient in depth knowledge of that branch of law.

Of course, you have GPEOL, signs etc etc as well as asking the management company for any proof that they sent you a current permit. If they have numbers on them, then asking what number was allocated to you would be good too.

bruirn

Quick update:

Finally got the new permit on Saturday as the Block Management Company sent it to my letting agents last week and one of the girls there popped it round at the weekend. In the meantime though I have clocked up six fines and got the first of the letters through the post yesterday. In terms of what to do now, shall I wait for the other letters to arrive or shall I appeal them all individually?

Should I also mention that I've previously had a permit with no problems living at the address for three years and that it seems a case that the Block Management Company forgot to send the new one to letting agent or shall I just stick to the template letter?

kirkbyinfurnesslad_2

Appeal all individually, ensure you ask for a popla code if they decline.
It's up to you which appeal method u use.

Guys_Dad

If it was a management company mistake, and they are the ones who engaged the PPC, I can't see for the life of me why you don't get them to ask for the tickets to be cancelled.

If they seem to be stalling, warn them that any charges and costs you incur will be passed on to them and if necessary, if their agent takes you to court, you will reciprocate.