Fined while parked in my own bay

Beautiful-Moose

I have taken a photo of the notice which clearly states the line "parked without displaying a valid tax disc"

I have also watched Martin Lewis on This Morning talking about fines and I have realised that I have been issued with a Parking Charge Notice not a Penalty Charge Notice so I am not too worried about paying the "fine" now.

Beautiful-Moose

1. Complain to the management company and demand that they get this cancelled.

2. Dig out your leasehold or other agreement by which you rent the parking bay and tell us what it says (especially if it says anything about permits, or not).

Chances are, since you are paying for the use of this bay, you are its lawful, and exclusive occupier and you can tell both the management company and P4P to FRO lest they want to be sued for trespassing on your space.

I have emailed the Concierge again, copying the Housing Association asking if anyone has cancelled the fine or not. If I don't get a reply within 24 hours then I will complete the POPLA appeal route.

Herzlos

Beautiful-Moose wrote: »

I have emailed the Concierge again, copying the Housing Association asking if anyone has cancelled the fine or not. If I don't get a reply within 24 hours then I will complete the POPLA appeal route.

Appeal to POPLA anyway, just in case the PPC refuse to cancel. You can even add a point "The managing agent has requested the charge be cancelled".

bod1467

Have you appealed to the PPC first yet? (POPLA only comes after the PPC has rejected your initial appeal).

BiscuitMuncher

It was probably the "concierge" who put the ticket on your car in the first place.

Beautiful-Moose

Have you appealed to the PPC first yet? (POPLA only comes after the PPC has rejected your initial appeal).

Yes and they rejected my appeal as they say the ticket was issued correctly as there was no permit on display. Even though I explained to them that I rent the bay, the permit wasn't fit for use and I was in the process of getting a new one issued to me.

Beautiful-Moose

In my final attempt to get the ticket cancelled, this is what I have emailed the Concierge and Housing Association (who by the way have emailed me separately to say they won't get the final cancelled and I have to pay it).........

Re: Parking Charge Notice No. [xxxxx]

In response to your email I would kindly ask that you ask the parking enforcement to resined the ticket as quite clearly there has been an error here.

The issue with the permit and it not being fit for purpose was brought up a few weeks before I received the fine. I had asked the concierge in person and been in talks with XXX at Southern Housing about being issued with a new one. However I was only issued with a new permit for my car once the fine had been given. This new permit is now on display in my car.

Also in terms of your parking signage that you say validates my parking charge notice, it also says that you will be issued with a ticket "when parked without displaying a valid tax disc" In that case almost every single car using that car park and all over xxxxx Village should be receiving a ticket and on a daily basis as the DVLA do not issue tax disc's any more making the signage invalid and out of date.
The signage is also displaying the wrong parking charges on the signs based outside our flat to the ones based inside the underground car park and the charge on my ticket which is all very misleading.
Also the signage that states I need to be displaying a valid permit is not placed over my parking bay, these signs are only available further down the car park meaning there is no clear signage in place for my bay from P4 Parking. There is only a sign on a pillar next to my bay saying "SHG ALLOCATED BAYS. NO UNAUTHORISED PARKING" I am authorised to park in Bay 3 as I pay a monthly fee to SHG to do so. All my payments for this bay are up to date. I have given the correct details to SHG and the Concierge of my car make and registration that is using bay 3 and this was the same car that was in the bay at the time of being issued with the ticket so there was no unauthorised parking taking place at the time the ticket was issued. Also on this sign there are no details what so ever about displaying a valid permit, again very misleading.

Please let me know if you can get this looked into immediately. Otherwise I will have no choice but to take all of this to the British Parking Association to be looked in to.

bod1467

I'd have included something along the lines of ... this invoice (it's not a fine!) is without foundation for the reasons previously advised, thus there is no contract that allows the operator (P4Parking) to claim such monies. As such it will be defended vigorously by all means available. If this should reach county court stage then I reserve the right to counter-claim against [name of Concierge and Housing Assoc] as the operator are acting merely as your agents.

I'm sure someone can advise refined wording ... but something like that.

dazster

You still haven't told us the terms of the agreement under which you rent the parking bay. This is potentially your silver bullet to kill this stone dead but you need to help us (and yourself) by telling us what it says.

Beautiful-Moose

I have searched high and low for the parking agreement but I can't find it. But when I think back I don't remember being given anything other than a fob to open the gates to the car park and a receipt for the £50 deposit I paid to have the fob. I will have another look tonight.

When I got the new permit the other day I signed something in the concierge that said I must make sure the permit is on clear view in my vehicle at all times.
That I will not loan out the permit to other for them to use otherwise they will then have the right to take my space away from me.