Parking Ticket for parking in own space

npmaster

I am a tenant in a rented apartment complex. We have parking permits for our cars.

Unfortunately one day I lost my permit. I requested one from my management company and thought all was good. I went aboard to work for a while only to discover when I returned to the uk that apparently I had got a parking ticket. I did not know about this since I never got a sticker on my windscreen.

Worse off they informed me that my appeal period was over and my only option was to pay up. I told them that I never knew about this until now but they insist the only option was to pay.

I read the advice on here about the lease for the property so requested help from my estate agents. They have declined to give me a copy of the lease saying I have no right to it and when I asked to just give me the sections on parking they also declined.

So I am confused now as to my options. Is it true that I have no right of appeal since I was away when they sent me notification? Is there anything I can do since I haven’t got a copy of the lease? I checked the tenancy agreement but found nothing about permits.

Any advice is much appreciated.

Thanks

Fruitcake

The estate agents are lying. You have a right to see the lease that you signed when you agreed to rent the property.

Your next step is to contact the landowner and the estate agents. Keep making a nuisance until you get a copy of your lease.

Make a late appeal to the PPC anyway, you have nothing to lose. If the tenancy agreement doesn't mention parking permits, the you don't need one. Read the Parking-Prankster's blog about the recent own space/permit cases where judges have stated that third parties (parking company and/or MA) cannot amend your original lease/tenancy agreement. Include that bit in your appeal.

npmaster

When people say lease, I assume they mean the lease my landlord signed when he purchased the property. As for me, the only documents I have signed is the tenancy agreement.

Am I correct?

Fruitcake

npmaster wrote: »

When people say lease, I assume they mean the lease my landlord signed when he purchased the property. As for me, the only documents I have signed is the tenancy agreement.

Am I correct?

Lease, tenancy agreement, assured short term (AST) lease, whatever you signed that says you can live there and pay money for the privilege.

Does it mention parking at all? Does it mention a dedicated parking space, or a parking area that you are allowed to use? If it doesn't mention a parking permit, then there is no legally binding agreement upon you to display a permit.

What is the name of the parking company?

Please give us the date of the alleged event, and the date you received the notice to keeper through the post.

npmaster

It mentions nothing about parking. Doesn't even mention that i have a dedicated parking space.

Fruitcake

npmaster wrote: »

It mentions nothing about parking. Doesn't even mention that i have a dedicated parking space.

Then how do you know where you are allowed to park?

I added some more questions to my previous post.

The_Slithy_Tove

Fruitcake wrote: »

Lease, tenancy agreement, assured short term (AST) lease, whatever you signed that says you can live there and pay money for the privilege.

Just to be clear, we need to be clear to the OP and others in similar situations:

• If you are the OWNER of a leasehold property, then you have the LEASE, which may or may not include provisions concerning parking
• If you RENT the property from the leaseholder, then all you will have is your Assured Shorthold Tenancy agreement (don't call it a lease, that's confusing). Again, parking may or may not be mentioned.

If the AST is all you have, then that is the document which gives the terms of the tenancy. The lease is a useful document if you can get hold of it, as it comes further up the "chain" from freeholder down to the person living in the property.

Coupon-mad

npmaster wrote: »

It mentions nothing about parking. Doesn't even mention that i have a dedicated parking space.

So, what was said when the letting agent (who is not the managing agent of the site, not the people who contracted with the parking firm) handed over the permit?

Have you got any paperwork given to you when you signed the AST, or emails that state the flat comes with a parking space? A slip of paper with the permit maybe? Something in the advert for the flat in the first place that offers a space too?

The_Deep

Worse off they informed me that my appeal period was over and my only option was to pay up.

You do have another option. If your AST gives you the right to park there, or makes no mention of a permit, YOU take THEM to court for unlawfully accessing your details and, with a following wind, collect £750 from them.

Read this

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

npmaster

So I have re-read the ASSURED SHORTHOLD TENANCY AGREEMENT and it mentions nothing on parking spaces. (i can post this if needed).

The date of the parking charge was 18/08/2016. When the notice to keeper arrived I was out of the country but it was dated the 16/09/2016. When I received it by being back in the country, that would be Monday the 12th December.

As for where do I know to park, the permit has a number on it and the space is also numbered. This number is the same as my property. Plus my estate agent showed me on tour.

The company is UKPC.

The_Deep

OK, let them take you to court and countersue for breaches of the DPA.