PTL Parking fine in underground parking

Coupon-mad

I hope you gave a postal address too. If so then you have done all you can until they send a rejection letter. Happy New Year, we can help you win this!

The_Deep

before i rented this flat it was advertised as having parking space outside.

Which is obviously not true as you go on to say

I am renting ... a parking space from my neighbor as my apartment doesn't have parking assigned.

Fleritta

Dear all,

First of all, Happy New Year and thank you for your help and support.

Could you, please, help me to understand whether in addition to appeal to PTL (that I have already submitted with your help) it is worth writing an official letter to my building management? I dropped by their office the day I received the fine and they unofficially contacted Mario Ireland in attempt to cancel the ticket but unsuccessfully. May be they hadn't done everything in their power yet?

Thank you very much!

The_Deep

As you are a tenant, it is really up to your landlord to approach the Management Agents as it is he/she who pays the communal charges.

However, this is complicated by the fact that you do not rent the parking space from your landlord, but from a third party who may be breaching the terms of their lease/AST in sub-letting to you. Best therefore not to contact the MA.

Fleritta

The_Deep wrote: »

As you are a tenant, it is really up to your landlord to approach the Management Agents as it is he/she who pays the communal charges.

However, this is complicated by the fact that you do not rent the parking space from your landlord, but from a third party who may be breaching the terms of their lease/AST in sub-letting to you. Best therefore not to contact the MA.

Ok, Thanks. Will be waiting for the appeal decision then and get ready for the appeal at PoPLA.

Fleritta

One more thing is, this Building management company is my only point of contact with my landlord. We are renting this flat for the last 4 years through this MA and pay majority of communal charges (water/heating/repairs etc) directly to them.

They know me very well. Now I am very upset as it seems was in their power to cancel this penalty.

Coupon-mad

So you could put that in writing - I would. Don't try to complain by phone or email, sometimes it doesn't have the same clout as a snail mail letter which lands on a Manager's desk.

Fleritta

Dear all,

As expected the appeal was declined ((

We have considered your reason for appeal but unfortunately the Operative has to see clearly a valid Permit when inspecting. This may include a location number, vehicle registration number, expiry date, security features. We appreciate that you are a holder of the permit which was in your vehicle but only partially visible. The permits are used UK wide in different locations and therefore it is important that the Operative sees the location number, hologram and in your case also the colour of the bay that you are allowed to park in.
By seeing the permit as a whole the Operative can confirm that the vehicle is entitled parking at the location. We Would suggest to obtain a plastic holder which can be affixed to the windscreen and place the permit inside. That way the permit won’t slide off the dashboard or behind other permits/tax disc in future.
The sign states that It is a Contractual Notice and by parking at the location you agree to the terms and conditions.

The amount of the Parking Charge is a core term of the parking contract and therefore falls outside the Unfair Terms in Consumer Contracts Regulations 1999.

We are sorry but we won’t be accepting your appeal on this occasion as the warden acted accordingly to the signage at the location.

We are not able to take into account mitigating circumstances. That an appellant feels he or she had good reason for breaching the terms of parking is not a reason for which we can allow an appeal. When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is the motorist’s responsibility to ensure that he or she abides by any clearly displayed conditions of parking that are clearly displayed on the signs.

The responsibility to observe and obey parking restrictions is yours and as we operated correctly in this instance due to the vehicle being incorrectly parked we will not be accepting your appeal, on this occasion.

Fleritta

Could you, please, kindly help me to understand what my next steps are?

One more thing is I am only the keeper of the car, in reality I have never even driven it, I do not have driving licence. Do I need to mention it anywhere?

Thank you very much for your help and support!

bod1467

Did they give you a POPLA reference in their appeal rejection notice? If not complain to the BPA about their member's breach of the code of practice.

If yes then go back to the NEWBIES thread (post #3) and read up on appealing to POPLA. (Check also that the POPLA code is valid, and until when, using the Parking Cowboys checker).

No more help until you do some reading and create your POPLA appeal. Post it here for review and comment. (Do not include any personal info, like your name etc. or the POPLA code).