UKPC "fine" while displaying a valid permit

shineonme

I'd appreciate any help please.

In brief, my daughter has use of my car, she parked in the private car park where she lives - small car park, 8 spaces, UKPC sign on back wall of car park - her valid parking permit was displayed, only obviously not where the parking attendant wanted it to be...
She was only at home for 1/2 hour before she went out again and in that time had received a "parking fine" left on her windscreen.

After reading on here I waited for the NTK to arrive, which states the vehicle was "parked in a permit area without displaying a valid permit", photo of windscreen was included and also that the driver breached the terms and conditions....which were clearly marked....would like name and address of the driver....liable to pay under Schedule 4 of the Protection of Freedoms Act 2012....

Obviously, neither myself or my daughter will be paying it, but I'm not sure if your standard first appeal to the PPC can just be copied and sent as is, or if it needs anything else adding (there was a valid permit which was displayed, despite what their photo shows).

My daughter received her parking permit through the post when UKPC took over the car park around 8 months ago, it shows her first line of address and permit number. The estate agent who let the property to her, have no idea who issued the permits or who employs UKPC to patrol the car park.

Many thanks in advance for any help.

Redx

use the template but add a point D saying that the DRIVER had a valid permit showing in the windscreen and that no loss has occurred as the driver believes that the signs were complied with so begs to differ with the warden

and THANK YOU for reading the NEWBIES sticky thread, many dont , much to our horror

Dee140157

Yes the standard appeal is sufficient. The main aim is to get a POPLA code. You can include as point 4 stating that a valid permit was displayed, just not in the place the parking operative expected to see it.

However u would recommend you finding out whips is managing the flats and seeing what is written in the lease too. Not impressed that the estate agent doesn't know who manages the area!

shineonme

Many thanks for the quick reply. I'll get the appeal letter copied and posted.

I'll also ask my daughter to look at her lease, the houses are owned by different landlords, even so, I too thought it not very professional of the letting agent not to have the information we needed. They actually suggested my daughter must just pay the fine!

Redx

shineonme wrote: »

I'll also ask my daughter to look at her lease, the houses are owned by different landlords, even so, I too thought it not very professional of the letting agent not to have the information we needed. They actually suggested my daughter must just pay the fine!

its a bad state of affairs when a lettings agent doesnt know the difference between a "fine" and an invoice

The_Deep

Why does she need a permit from A PPC to park. Does she not have pre-existing rights under her lease/AST for "quiet enjoyment" of her property.

If the PPC are attempting to dilute her statutory rights under The Landlord and Tenant Act, a criminal offence, they may also be committing a trespass by ticketing her car.

Tell her to ask her landlord to take it up with the managing agents, does he really need a parking management company which harasses his tenants and wants silly money for minor breaches of their daft rules. Kick @r$e.

https://forums.moneysavingexpert.com/discussion/4939352

shineonme

LOL Redx, yes it is isn't it.

The Deep, we need to have a good read of her lease I think. Apparently none of the residents are happy about it - and the parking attendant is also extremely rude to people and some have complained to UKPC but of course, nothing has changed - nobody else seems to know who asked them to patrol the car park either. I think most of the houses are rented, but owned by different landlords and let through different letting agencies.........and still no one knows how UKPC crept in! LOL.

ColliesCarer

Hi shineonme,

I would imagine that all the various landlords are leaseholders. The different letting agents will have been engaged by the various landlords and are only involved in finding new tenants - not in managing the property as a whole.

You could do with finding out who are the managing agents as The Deep has advised (does your daughter have to pay a management fee and if so who to? Or does her landlord continue to cover that directly out of her rent? )

Also would be worth trying to find out who owns the freehold i.e. the actual landowner. Either they or their managing agents will have engaged the PPC

Also it's pretty common for there to be - lets call it profit sharing of the money generated through parking charge notices - take a look at UKPC website for their self-ticketing service offering a 10% "revenue rebate"

shineonme

Thank you ColliesCarer.

She doesn't pay a management fee, so I presume it would be paid out of her rent by the landlord.
Will see if I can find out who the landowner is.

ColliesCarer

shineonme wrote: »

Thank you ColliesCarer.

She doesn't pay a management fee, so I presume it would be paid out of her rent by the landlord.
Will see if I can find out who the landowner is.

You may be able to get the details of the landowner from The Land registry's on-line portal - you have to register which is free and it only costs a few quid - to get the title info which you can download

The_Slithy_Tove

If it's possible to engage directly with the landlord, it would help to be able to establish the exact status of the parking space. E.g. is it part of the leased property (a designated, numbered space) with no specific conditions in the lease over its use (often it only says it's there for the parking of one car). If that's the case, then no management company, no PPC, not even the freeholder can attempt to impose further conditions on the use of the space.