Private Parking fine, I HAVE A PERMIT!

ethanjs93

"The concerns have been passed on to the landlord" Now it's a waiting game I guess.

Thanks everyone for your help, it's easy to see how companies like this get away with conning people out of their money, hopefully that won't be the case on this occasion.

The_Deep

More about v.a.t.


https://forums.moneysavingexpert.com/discussion/5195437=

https://forums.moneysavingexpert.com/discussion/5087925=

https://forums.moneysavingexpert.com/discussion/5033796=

If you suspect tax evasion go here

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

Redx

sounds to me as if the person who sent that email was the office tea-person, I myself am not trained in law but even I can see all the flaws in that email and its clearly been written by somebody who hasnt a clue about the law or what the words they are using legally mean

which would be fair enough if it was the "man or woman in the street" with no involvement in estate agency business or tenancy contracts that had written it

but it beggars belief that a tenancy management company or estate agency would have written it !

I know they are unregulated but even so a smattering of legal knowledge and letter writing skills should be required for a job there (plus a copy of an english dictionary)

here it is again, with the obvious flaws in red

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.

incorrect, the tenancy agreement includes the parking as part of the "property" and allows the tenant quiet enjoyment of the parking facilities, without harassment

There has been a breach of the parking regulations to the rear car park,

there are no regulations covering the car park , only made up rules which are not on the tenancy agreement

and the parking company have gone down all of the correct and lawful channels,

I very much doubt that UKCPS have done this, they rarely do

in regards to recovering the parking fine.

fine ? there is no fine , only a court can fine you and this has not been to court

I will keep you posted, with regards to the landlords reply"

I believe that a judge would differ on those issues and I would tell them that they will be called to court to account for that statement and to explain themselves in front of the judge (if this went to court)

ethanjs93

Whilst I understand your point of view, the issue is that the valid permit you hold, was not displayed as required. Secondly, there is no requirement for the tenancy agreement to mention anything about the parking control. The terms of the parking are clearly noted in the parking area, and as such, by parking your car in the car park, you are entering into an agreement, as with any other car-park in the country.


In terms of the cancellation of the ticket, I have had a reply from the landlord, who has asked you to provide evidence that the permit was in the property at the time the ticket was issued. Hopefully, you will have taken a photo of where the permit was etc. If you can provide this, the landlord will speak to the parking company about this. One thing to point out, that the landlord has mentioned, is that should he speak to the parking company, he may not be able to have the entire ticket cancelled, due to the time lapse between the ticket being issued and you lodging an appeal.

ethanjs93

The above is the reply from the same person at the letting agency

Herzlos

ethanjs93 wrote: »

Whilst I understand your point of view, the issue is that the valid permit you hold, was not displayed as required. Secondly, there is no requirement for the tenancy agreement to mention anything about the parking control. The terms of the parking are clearly noted in the parking area, and as such, by parking your car in the car park, you are entering into an agreement, as with any other car-park in the country.

But it can't override that agreed by the tenancy agreement.

One thing to point out, that the landlord has mentioned, is that should he speak to the parking company, he may not be able to have the entire ticket cancelled, due to the time lapse between the ticket being issued and you lodging an appeal.

As the landlord has hired the parking company, the landlord has the ability to order the parking company to cancel the ticket up until the courtroom door. The PPC operates purely on the landlords behalf, and with the landlord wanting it cancelled, the PPC is powerless.

Marktheshark

Dear Letting agents, your e-mail appears to be getting intercepted and the village idiot appears to be answering them.

DandelionPatrol

ethanjs93 wrote: »

ethanjs93 wrote: »

Whilst I understand your point of view, the issue is that the valid permit you hold, was not displayed as required. Secondly, there is no requirement for the tenancy agreement to mention anything about the parking control. The terms of the parking are clearly noted in the parking area, and as such, by parking your car in the car park, you are entering into an agreement, as with any other car-park in the country.


In terms of the cancellation of the ticket, I have had a reply from the landlord, who has asked you to provide evidence that the permit was in the property at the time the ticket was issued. Hopefully, you will have taken a photo of where the permit was etc. If you can provide this, the landlord will speak to the parking company about this. One thing to point out, that the landlord has mentioned, is that should he speak to the parking company, he may not be able to have the entire ticket cancelled, due to the time lapse between the ticket being issued and you lodging an appeal.

The above is the reply from the same person at the letting agency

It looks to me as though the Agent is beginning to do some wriggling on behalf of the Landlord.

If parking is not included in the tenancy, then the issue over the parking permit is not an issue with the legal person of the Landlord as Landlord under the AST, it is with the Landlord as the legal person as proprietor of the parking spaces. Got that? So the rules about penalties for not displaying permits are set outside of the AST. And I think the Agent and the Landlord are trying to wriggle to that position.

To keep safe, you need to be able to show that the parking is under the AST - ideally that the permit was handed over without separate payment and that the AST contains no terms relating to display of permit.

ManxRed

ethanjs93 wrote: »

Whilst I understand your point of view, the issue is that the valid permit you hold, was not displayed as required.

Secondly, there is no requirement for the tenancy agreement to mention anything about the parking control.

1. Under the AST, there is no requirement to display a permit. Not sure why they're struggling with this, it's not complicated.

2. Yes there is, sadly (for them). The AST takes priority over cheap plastic signs affixed to the car park wall. If you are required to display a permit then it MUST be in the AST.


As for what the Landlord can and can't do with respect to instructing the Parking Company, he needs to Google 'Law of Agency' and 'Vicarious Liability' and then have another go at answering your concerns.

ethanjs93

After a little bit more back and forth with the letting agency, they have been in touch with the landlord who has "requested" that the parking company cancel the ticket.

Thank you everyone for helping out.