UKPC Court claim question

sicone

I've tried searching the forum for the answer but I've failed so far.
The question is what does "No return within 48 hours cover"?
My brother in law has received a Court Claim from UKPC for parking in resident's parking visitor bay for more than 48 hours. The 2 pictures they have of the car are in completely different bays. Do the no return cover the parking space, the bay or the whole car park?

Thanks

The_Deep

Or does it cover the car, no matter how many drivers there were?

fisherjim

As they are always trying to find out who the driver is maybe it is the driver, but there could be one driving or two, but who knows what they mean!

If it doesn't specify on the signs exactly what they mean then how can it be upheld?

System

What do the signs say?

catfunt

Was this at the registered keeper's home address?

sicone

What do the signs say?

The sign says "Maximum stay 48 hours in visitors bays (no return within 48 hours. A valid permit must be clearly displayed at all times)."

Was this at the registered keeper's home address?

Yes it was. My sister was using their resident's permit and he was using the visitor's permit

The_Slithy_Tove

IamEmanresu wrote: »

What do the signs say?

More importantly, what does the owner's lease say about parking and related matters? I wouldn't want to buy a place to live where I couldn't have a visitor come and stay for a few days.

sicone

Apparently the lease does not mention anything about parking!

Guys_Dad

It is obvious that the intent is in preventing exactly what your sister and brother-in-law were doing. Permanently using 2 parking spaces for their cars.

Is there a shortage of parking spaces there and each flat has only 1 space? I can see this will be an ongoing problem if that is the case.

If the landowner/agent/PPC makes the case that each flat has 1 space and there would be no room for genuine visitors if tenants commandeered the visitor spaces, and there was evidence of both of them living there and appearing to flaunt the intent of the management, then I fear that a DDJ would instinctively be on the PPC's side.

So you need to make your case on the joint wording of the signs and what your lease says about the landowner/management company's wriggle room to bring in subsequent t&c for the purpose of good management.

Do the leaseholders own the freehold or is there a separate landowner?

Marktheshark

Its a contract, it can only be attached to a person.
Two drivers = two contracts.
Can they prove both drivers park the same car, either, both or none.

Guys_Dad

Marktheshark wrote: »

Its a contract, it can only be attached to a person.
Two drivers = two contracts.
Can they prove both drivers park the same car, either, both or none.

Good point - if it was a "No return in 24 hours" . But it is 48 hours, no doubt to negate that argument.