Private Parking fine, I HAVE A PERMIT!

bod1467

ethanjs93 wrote: »

and the permit should have been clearly on display.

No it shouldn't. From what's been provided in this thread so far there is NOTHING that mandates that any permit is required.

Do a search for UKPC v Davey.

Redx

if UKCPS had a whitelist then nobody would have to remember which cars are allowed in those spaces, permit or no permit

the quiet enjoyment means that neither the landlord or his "agent" (as in UKCPS) should be harassing the tenant

get the tenant to complain to the landlord for him (or her) to demand that UKCPS cancel the ticket, otherwise they are in breach of the tenancy agreement

the objective of the parking regime is to ensure that no "foreigner" parks in those spaces, only the residents themselves , which this resident did and has done for some considerable time

once the tenant has made the appeal to UKCPS they should drop the charge

I would also get a letter from the landowner saying the tenant has permission to park there and does not agree to any court proceedings , that way UKCPS have no locus standii

Herzlos

ethanjs93 wrote: »

The car park has 5 spaces, so even if it's not the same parking attendant every day then it would be pretty reasonable to assume the attendant would remember the four cars which are allowed to park there and are parked there almost every day.

With 5 spaces you'd think any attendant would recognise the cars by the 2nd visit.

Although I guess the argument to this is that it's not the parking attendant's responsibility to remember which cars have a permit and the permit should have been clearly on display.

Unfortunately, it's not the parking attendants responsibility to remember which cars have a permit. It's the parking attendants responsibility to find any reason whatsoever to issue a ticket, so they can get their commission. That they claim to be there to prevent abuse is just smoke and mirrors.

Realistically, with 5 spaces, the only reason the attendant even got close enough to notice the permit was missing was that they were explicitly looking for something to issue a ticket over. If they were just keeping an eye out for cars that shouldn't be there, and were half way competent they could do that without even getting out of their van / entering the car park.

Marktheshark

Assume the person that issued the ticket WAS the landlord.
This parking firm have a self ticketing system via books of tickets or mobile phone app.
That vast majority of sites are self administered and not warden type services.
The self ticket issuer gets £10 per ticket paid as to the best of my knowledge .

Herzlos

That makes sense, it'd barely be worth sending a van round once a day for a car park that small. Overzealous neighbour?

Is there any legal way to find out who issued the ticket? There's a name or signature on it somewhere?

ethanjs93

response from the letting agent


"Thanks for your email.
In relation to issue, I have passed this on to the landlord and will await his reply.
Please note however, that the landlord is in no way in breach of allowing you quiet enjoyment of the property. There has been a breach of the parking regulations to the rear car park, and the parking company have gone down all of the correct and lawful channels, in regards to recovering the parking fine.
I will keep you posted, with regards to the landlords reply"

Redx

well they are wrong too

firstly, its not a fine, nobody is allowed to fine you, her or anybody

secondly, these are not regulations, they are rules introduced by the parking company

thirdly , the parking company should have cancelled the invoice when the tenant is clearly the vehicle owner and has a valid permit

plus, there is no mention of having to display a valid permit in the tenancy agreement, so the tenant has breached no contract at all

nor has the parking company issued any VAT invoice for this parking charge invoice

ethanjs93

thank you very much, what is the relevance of no VAT invoice?

ManxRed

There are no 'parking regulations' in place in your car park - its a piece of private land. What there is, is a set of arbitrary 'rules' made up by a parking company, and in applying those rules they - as an agent of the landlord - have breached the tenancy agreement.

The tenancy agreement governs the use of the car park space, and their signs cannot over-rule this. The only way to over-rule the tenancy agreement is by issuing a variation to that agreement, which would need to be signed off by both parties (the landlord AND the tenant).

The landlord has breached the tenancy agreement.

Captain_Leaky

Simple, If they are VAT registered,they need to account for which part of the parking charge is VAT. It should be broken down on the PCN they attached to your windscreen, or on the notice to keeper letter you were sent. If they don't, they are fiddling the VAT man, and that can land them in prison.