PCN for non display of permit - appeal rejected - opinions?

StrongWork

Hello guys, I hope you can help me once again.

I currently rent in a block of flats that have allocated individual parking spaces. These are managed by a private parking company (New World Facilities, Essex) with residential parking permits. My permit is displayed in the tax disc holder of my daily drive BMW.

Unfortunately the BMW had some issues and as such needed to undergo repairs. Consequently, I borrowed my sister's old Polo on a temporary basis while the BMW was at the mechanics. Lamentably, I forgot to move the permit from the BMW to the Polo. Two days later (when parked in my allocated space) I was stung with a PCN for £100 (£60 if paid within a given time-frame).

I wrote a letter to the appeals department explaining the above and enclosed a copy of my residential parking permit.

This has however been rejected along with a spiel about by parking there one accept the contract etc etc. Enclosed was some paperwork regarding appealing to POPLA.

I understand that the car was 'correctly' ticketed (non display of permit), however I would expect given the situation and reasonable explanation a modicum of common sense would be demonstrated and ticket cancelled. Surely the raison d'être of the private parking enforcement company is to protect residents, not fine them (£100!!!) for a mistake.

With your help I've fought a previous (overstay) ticket via POPLA on account of 'not genuine pre-estimate of loss' however I was under the impression a recent court ruling made this no longer an option. I am also aware of the rule changes from a couple of years ago which meant the RK could be pursued for fines so ignoring is not ideal as I was able to do years ago with UKPC at a different location.

As a matter of principle I'm not giving these clowns £100 for parking in my own allocated space when I possess a permit. I'll look into a POPLA appeal, seems to me that they've changed the site to 'streamline' things though it's most likely I'd choose the 'parked in an area you were free to park' and explain the extenuating circumstances. Any advice on this?

What are your thoughts guys? POPLA appeal? Ignore? Letter to tell them to sod off? Suffice to say, I'm not a happy bunny over this. :mad::mad:

Half_way

What does your lease say regarding your allocated space?
in almost all cases this will trump anything a private parking scumpany may try and impose

Coupon-mad

Never heard of them but they are BPA members:

http://www.nwfeastessex.co.uk/make-an-appeal.html

So you will need to look at other recent POPLA appeals about permits/own space sites. Search the forum for 'permit POPLA' and 'own space POPLA' to find some dated 2016 and use one as your base and adapt it.

Show us first what you cobble together.

The_Deep

The recent court ruling to which you refer was Beavis v Parking Eye. It concerned an overstay in a free shopping centre car park, and has nothing to do with own space cases.


Iin order that we can advise we need to know the exact working of any parking matters included in your AST.,

Half_way

Ask yourself this question, why are you displaying a permit?
If your lease is clear and mentions nothing about the requirement to display such a thing why are you bothering?
Some managemetn companys bring these parasites in believing they will solve a problem that may or may not exist, unfortunately for residents such as yourself once they have run out of 'real' prey they will turn on the residents and ticket them in order to maintain a profitable site.
PPCs do not care about car park management, they make their money from issuing parking charge notices which the gullible/stupid or ill informed just roll over and pay.

Although as before you must check your lease agreement, word for word, look out for things such as peaceful enjoyment, and the so called catch all clause about the management company taking reasonable measures to ensure the smooth running of the site, or such nonsense.
A private parking company running a commercial business in your residential space is anything but reasonable.
unless of course your happy with the status quo, if so then there may be a case to answer to regarding business rates which you may be liable for for sub letting your space, let alone any planning considerations such as residential vs commercial as well as any signage that falls foul of the town and countryside act regarding advertisements - although this is something that i've not really looked into


However before we all get carried away, what does your lease say?

StrongWork

Guys, an update:

1) I have gone through the tenancy agreement.

The only mention of parking is:

"Where Residential or Permit parking is required it is the tenants full responsibility to obtain the new permit. No responsibility will be taken by the landlord or landlords agent for tenants not obtaining said permit".

There is no mention in the tenancy agreement regarding the obligation to display permits or that they are mandatory. There is no mention of fines for non display of permits.

2) I have a copy of the inventory for the property which states/confirms my allotted parking space.

3) I have discussed the case with the management company who have essentially washed their hands of it. 'Didn't display permit, not our problem'. I am unsurprised.

Here is the signs on display in the car park:


What do you reckon? Appeal via POPLA with the above information. As mentioned, I sure as !!!! am not paying these clowns £100 to park in my own space!

Fruitcake

StrongWork wrote: »

Guys, an update:

1) I have gone through the tenancy agreement.

The only mention of parking is:

"Where Residential or Permit parking is required it is the tenants full responsibility to obtain the new permit. No responsibility will be taken by the landlord or landlords agent for tenants not obtaining said permit".

There is no mention in the tenancy agreement regarding the obligation to display permits or that they are mandatory. There is no mention of fines for non display of permits.

2) I have a copy of the inventory for the property which states/confirms my allotted parking space.

3) I have discussed the case with the management company who have essentially washed their hands of it. 'Didn't display permit, not our problem'. I am unsurprised.

Here is the signs on display in the car park:


What do you reckon? Appeal via POPLA with the above information. As mentioned, I sure as !!!! am not paying these clowns £100 to park in my own space!

Inadequate signage is only one of many appeal points you should be using, including not the landowner, no authority to charge motorists, no contract formed with the driver, not a GPEOL, non POFA compliant NTK and several more.


That sign can't form a contract. How can you have a contract to do something that is prohibited?
No unauthorised parking, followed by terms and conditions for doing something you are not allowed to do.

The_Slithy_Tove

StrongWork wrote: »

Surely the raison d'être of the private parking enforcement company is to protect residents, not fine them (£100!!!) for a mistake.

I'm afraid that is a very naïve assumption. The raison d'être of a parking company is to make as much money as possible. If that means attempting to extort money from the people they are meant to be working FOR, then so be it.

Make sure your POPLA appeal contains all the usual points. There is no way they will have the right contact chain in place from the landowner down to issue and pursue such charges.

If you can, it may be worth trying to get details of the lease from your landlord, as it pertains to parking. If this isn't possible, then if you have an owner-occupier neighbour, they may let you look at their lease - they will most likely all be the same.

In the time I've been monitoring these forums, I don't recall a single case where a parking charge in a residents only parking area has ever gone to court and won. Their legal basis for operating such a business on residents' land and trying to charge them for parking on their own land is dubious in the extreme.

pappa_golf

StrongWork wrote: »

Guys, an update:

1) I have gone through the tenancy agreement.

The only mention of parking is:

"Where Residential or Permit parking is required it is the tenants full responsibility to obtain the new permit. No responsibility will be taken by the landlord or landlords agent for tenants not obtaining said permit".

There is no mention in the tenancy agreement regarding the obligation to display permits or that they are mandatory. There is no mention of fines for non display of permits.

2) I have a copy of the inventory for the property which states/confirms my allotted parking space.

3) I have discussed the case with the management company who have essentially washed their hands of it. 'Didn't display permit, not our problem'. I am unsurprised.

Here is the signs on display in the car park:


What do you reckon? Appeal via POPLA with the above information. As mentioned, I sure as !!!! am not paying these clowns £100 to park in my own space!

"Where Residential or Permit parking is required it is the tenants full responsibility to obtain the new permit. No responsibility will be taken by the landlord or landlords agent for tenants not obtaining said permit".



I see no comment about displaying the permit?

The_Deep

Will be deemed liable for receiving a PCN


What does that mean?

salmosalaris

Big players
Did they knock up that sign themselves with a PC and on a piece of laminated A4 ?