Parking Ticket in my own space. Help!

Notoconsumerapathy

[FONT=&quot]Hi

I have now read some of the threads including the NEWBIE thread however I had already written to appeal the parking charge sadly before I joined this forum.

Quick back story:[/FONT]

• [FONT=&quot]I signed a tenancy agreement with the Landlord through a letting agent.[/FONT]
• [FONT=&quot]The property is managed by the letting agent.[/FONT]
• [FONT=&quot]Weeks later I then moved into the property and was given an inventory check-in by an independent check-in company[/FONT]
• [FONT=&quot]At the end of the check-in I was given a generic "parking permit" to display in my car. I didn't think much of it.[/FONT]
• [FONT=&quot]Naturally I forgot to display the "permit"[/FONT]
• [FONT=&quot]There is clear signage at the front of the building before you drive round the back and into the car-park. (there are a couple of car-park spaces at the front of the building as well).[/FONT]
• [FONT=&quot]As this is my own space I never read or even noticed the sign until I got a ticket.[/FONT]
• [FONT=&quot]Everyone in the block has their own designated space.[/FONT]
• [FONT=&quot]I consulted my tenancy agreement and noted that there was nothing in it about "parking enforcement", requiring permission to park in my own bay or the need to display a permit.[/FONT]
• [FONT=&quot]I don't know how I can be contractually required to display a permit post signing the tenancy agreement if I have not agreed to it.[/FONT]
• [FONT=&quot]Furthermore, nothing in the letting agents’ tenancy information pack[FONT=&quot],[/FONT] pre-signing and post signing of the tenancy agreement, mentions car park permits.[/FONT]
• [FONT=&quot]I didn’t think I could be fined for parking in my own bay which I pay for. [/FONT]
• [FONT=&quot]I am not the registered keeper of the vehicle, my wife is who also lives at this address.[/FONT]

[FONT=&quot]I have since written my appeal to the car parking company explaining that I was new to the block, accepted that the "permit" was not displayed and rejected the requirement that I needed to. [FONT=&quot]I[/FONT] explained my tenancy agreement doesn't require me to obtain permission to park or display anything and I was parked in my designated space. I attached exerts of the relevant sections of the agreement.

[/FONT] [FONT=&quot]I have since found out that the letting agent wrote to everyone in the block some time ago telling them that a parking control company was being engaged and that they had to use these blank "permits".[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Any advice anyone?[/FONT]

bazster

Who is the parking company?

Does your tenancy agreement specify the exact space you are entitled to use?

The_Deep

This is an easy win, but you must jump through a few hoops. Your appeal to the PPC will be rejected. You must then appeal to PoPLA or the IAS.


We need to know where the event took place, and the name of the PPC, did you name the driver?


Have you raised this with your landlord? If he/she is on side, ask him to write to the managing agents instructing them to call of their dog as you are entitled to "quiet enjoyment" of your property. PPCs are there to make life easier for residents, not hassle them.


The PPC may offer to settle for £10-15. Ignore them, you owe them nothing, and when you appeal it costs them money.

Notoconsumerapathy

Hi all

Thanks for the quick responses.

Capital Carpark Control and this took place in London.

The tenancy agreement does specify the exact space I can use and I was in it at the time of the ticket issue.

I didn't name the driver but filled in the details of the "appeal form" on the website of the PPC myself. It’s both my wife’s car and my own but she is the RK.

POPLA is the appeal body.

I haven't raised this with my landlord as they are a company and run everything through the letting agent. With my experience of the letting agent I don't think I will get much joy. If you think it is worth a shot then I will write to them too.

Many thanks

pould

Does the tenancy agreement specify that you must display your permit and that if you don't you will face a charge? If not then I agree with others here that this is an easy (if time-consuming) win.

The_Deep

I haven't raised this with my landlord as they are a company and run everything through the letting agent.

Really, are you sure? It is unusual for letting agents to manage the gardening, lift repairs, mend roves. call AGMs, pay accountants and surveyors, etc. Most letting agents who I know would be totally incapable of doing so.

Notoconsumerapathy

Pould - The tenancy agreement is silent on the issue of permits or permission so my belief was that I could park freely in my designated space when I signed the tenancy agreement.

The Deep - My only contact is with the letting agency (a big one) and this is a rather large complex I live in. They manage the whole property. I am only assuming though so can't be sure. I know that one contractor who undertook various repairs to our flat recently is a third party contractor engaged by them on this property and various other properties. On a separate note, I have spoken with them on numerous issues since I have moved in and the excuses fired back at me may as well have come from a book "Things Estate Agents say". They fain ignorance of the law of agency, blame everybody else and clearly think it legitimate to unilaterally force all tenants with parking permits several months ago, or so I am told. However, I am not averse to writing to them, but with several issues that are currently ongoing with them i.e. Mould and damp in the flat present before we moved in, various major repairs being undertaken, I don’t want to add another thing on their plate if I can resolve it myself. However, if you think it wise to do so then I shall.

ManxRed

Notoconsumerapathy wrote: »

Pould - The tenancy agreement is silent on the issue of permits or permission so my belief was that I could park freely in my designated space when I signed the tenancy agreement.

You don't have to display a permit then.

Does it say anything about the right to peaceful enjoyment?

Notoconsumerapathy

Schedule 2
Conditions to be kept by the Landlord

1. Quiet Enjoyment
1.1. To allow the Tenant to quietly hold and enjoy the Premises during the Tenancy
without any unlawful interruption by the Landlord or any person rightfully claiming
under, through or in trust for the Landlord.

I have checked and premises includes the car parking space.

The_Deep

If the letting and managing agent are the same company, then the MA part should be a lot more switched on the lettings. MAs usually employ Chartered Surveyors an Chartered Accountants and should be fully up to speed on Housing Acts regulations.


You should therefore be able to hold a sensible conversation with them about your AST rights and so called contracts with PPCs, and the fact that PPCs should not be hassling occupants. Suggest a white list. You can also opt out and return their permit threatening them with Davey,


https://www.google.co.uk/?gws_rd=ssl#q=davey+v+UKpc


and, perhaps, even an injubction.

bazster

The tenancy agreement must state the name and registered address of the landlord company so bypass the agent and write direct to the landlord complaining about this interference with your rights under the agreement. Your agreement is with the landlord, not the poxy agent.

It sounds as though your tenancy agreement gives you sufficient interest in the parking space to be, effectively, the lawful occupier of the land. So you can write to the agent and the parking company telling them to stop trespassing on your space on pain of being sued for trespass and having an injunction brought against them.