Parking Ticket in my own space. Help!

ManxRed

Notoconsumerapathy wrote: »

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 landlord is in breach of this by virtue of the actions of his agent (or more likely his agent's agent, but it amounts to the same thing).

As advised, letter of complaint to the landlord.

Your agreement trumps anything the parking company think they have over you.

Notoconsumerapathy

Thanks all for your help.

I shall write to the LL/MA and ask that they speak with the PPC.

Will let you know what happens.

Thanks again.

ManxRed

Be more forceful.

Demand that the Landlord instructs the MA, to instruct the PPC to cease and desist from trespassing on your property, and harassing you with threatening invoices for parking in your own space.

Remind the LL of his obligations under that clause above in your agreement.

Make it short and sweet.

Notoconsumerapathy

Hi All

A quick update.

The letting agent and LL fought me on this and very hard. They accepted that it wasn't expressly written into the tenancy agreement but signs were up and a permit was issued the day I moved in.

My protests and highlighting the legal position fell on deaf ears. The mind boggles.

However, I proposed a deal which was accepted and the LL has settled the charge (they kept referring to it as a fine!).

FYI, not sure if this is standard but the LL on this occasion has contractually no right to interfere with the PPC on the issuing of PCNs.

Thank you all for your help and assistance on this one.

Cheers

Coupon-mad

What a shame the PPC got money from someone though. Hate to read that!

ManxRed

In order of contract, the Ts & Cs prevail in this order:

1. Your Tenancy Agreement
2. Their signs.

Nothing they say will reverse this from a legal viewpoint.

You are 100% in the right, and owe them not a penny.

How much did they fleece from you?

ampersand

However, I proposed a deal which was accepted andthe LL has settled the charge (they kept referring to it as a fine!).
#
manx - I read that as not paid by op.

op -does first clause mean you have given ground from your own rights, or that you successfully pressed for what's in blue?

You could always point letting agent and LL to mse and invite them to learn how to reclaim their 'f - - -' :-)....ah, better yet, you could offer to do so for a consideration!

ManxRed

I do hope you're right ampersand, in which case I retract my last comment!

Did they use the word 'fine' in any correspondence? If so, they're implying a statutory authority that they don't have, and I'm sure they wouldn't want a judge to see that. It does seem to reinforce the notion that they don't know what they're doing.

Guys_Dad

ManxRed wrote: »

In order of contract, the Ts & Cs prevail in this order:

1. Your Tenancy Agreement
2. Their signs.

Nothing they say will reverse this from a legal viewpoint.

You are 100% in the right, and owe them not a penny.

How much did they fleece from you?

One has to be a little careful with this as it is not that straight forward.

If the situation is a tenant renting from a landlord who has a long-term lease of a flat, the tenant will operate from his tenancy. However, the tenancy agreement may not follow the lease and, as a result, a tenant can inadvertently break leasehold covenants and agreements.

The obvious case is the letting agent not informing the tenant of the permit scheme. If the permit scheme was referred to in the lease but not passed on to the tenancy agreement, then the letting agent/leaseholder is 100% in the wrong and liable for any costs that the tenant has incurred by their negligence.

Not justifying the swingeing "fine" of course.

Half_way

Capital Car park control appear to be on the approved operator scheme as run by the British Parking Association, limited.
If i was in the Op's situation, and once the new POPLA scheme is running i would just collect as many popla codes as possible and challenge each and every one of them.
For a bit of extra told-you-so you could also copy the management company in when you get the challenge/appeal upheld (popla wins) back