Am I liable for parking charges for resident car park even if I'm resident?

Marvel1

You are best posting on The Parking Tickets, Fines & Parking Board
http://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=163

silvercar

when I complained it was inconvenient for me to collect due to work commitments they told me it had to be collected as it needed to be signed for despite telling me they would send it to me initially.They've now found it needs a signature so you need to collect. Doesn't seem any way round that. I told them I couldn't make it in to their office for a few weeks so would continue using the 'temporary permit' for the time being.That was your choice and your risk I have since been issued with 3 penalty charge notices, for £60 each.A risk you took by relying on a temporary permit I have appealed these of course giving the above explanation. Is it my responsibility to collect the permit even though I paid a £60 check in fee?If they've said they won't issue without a signature then you need to do so And if I lose the appeal am I liable to pay for the chargesIf you lose an appeal, you have to pay or will it be the agents responsibility for failure to provide me with the permanent car park permit on check in?No, they gave you a temporary one and they told you that you do need to collect it.

My comments in red.

By all means post on the parking forum for advice on the parking tickets. Whether the letting agent should deliver the permit and if they should reimburse you is better discussed on this board. So I'll leave the thread running here for the moment.

clint_S

You will only be required to pay if you lose in court, A Private Parking company can not force you to pay their invoice. Your appeal to the Parking Ticket company will fail, depending on who they are you'll be able to appeal again via the association body.


Whether you'll lose depends on lots of things, and you may even find that you could sue them for trespass for putting a ticket on your car. Get a copy of the Lease, Read the BPA code of practice, if the company is BPA registered (http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf), and post of the Motoring forum for advice.

jimimack

silvercar wrote: »

My comments in red.

By all means post on the parking forum for advice on the parking tickets. Whether the letting agent should deliver the permit and if they should reimburse you is better discussed on this board. So I'll leave the thread running here for the moment.

Ultimately, yes I took the risk using the temporary permit but it was either that or cancel a holiday to collect it from the agents office or lose pay and disrupt important work commitments. Given that there was not an expiration date on the temporary permit, nor did the agent inform me that there was and there is nothing on my tenancy agreement to state a genuine permit needs to be displayed, I thought on balance of priorities it was a risk I had to take.I did advise the agent I would collect it but only when I was free to do so which, even though it was in a few weeks, they did not advise me the temporary permit would expire and I may risk getting a PCN in the meantime. So, I have never refused to collect it but I have only agreed to collect it when it was feasible for me, given they have not indicated a timescale to do so is surely the agents fault.

stator

tim123456789 wrote: »

Even if that primacy of contract were the case I would say that you have it the wrong way around.

The contact originally formed by the owner on the land on which you are parking, cannot be overridden by some 3rd party hobby landlord giving a tenant a back of a fag packet tenancy contract.

tim

I don't know the exact scenario in this case but it does depend on the specifics.
If the landlord is the land owner and the land owner appointed the parking management company and the parking terms and conditions were written into the tenancy agreement, then the OP will be stuffed.

However if the landlord owns a leasehold on the property which has communal use of parking facilities and the freehold is owned by a 3rd party and the 3rd party appoint a management company who charge fees to the leaseholders and the management company appoint a parking management company, the contract between the management company and the parking management company can't override the rights of the leaseholder to park in his parking space.
Anyone who has no right to park in that car park might be liable based on the fact that they read the signs and agreed to the contract. But people who already have a right to park there won't be affected by the signs.

stator

jimimack wrote: »

Ultimately, yes I took the risk using the temporary permit but it was either that or cancel a holiday to collect it from the agents office or lose pay and disrupt important work commitments. Given that there was not an expiration date on the temporary permit, nor did the agent inform me that there was and there is nothing on my tenancy agreement to state a genuine permit needs to be displayed, I thought on balance of priorities it was a risk I had to take.I did advise the agent I would collect it but only when I was free to do so which, even though it was in a few weeks, they did not advise me the temporary permit would expire and I may risk getting a PCN in the meantime. So, I have never refused to collect it but I have only agreed to collect it when it was feasible for me, given they have not indicated a timescale to do so is surely the agents fault.

Forget about why you did or didn't pick it up. None of that is relevant to your appeals.
What you need to concentrate on is whether the parking company have a right to issue you with a 'ticket'.
Personally I would go down the route of disputing the debt and say "see you in court". But you should make a post in the parking tickets forum, as there are people more knowledgeable than me.
Make sure you post the exact details of what is in your tenancy agreement, who manages the car park (go outside and take photos of the signs), when you received the noficiations (whether there was anything to stuck to your car or received through the post) and post copies of everything you have received from them (blanking out any personal information) Also mention if you told the parking management company who was driving the car? It's best not to do that.

tim123456789

Guest101 wrote: »

I don't have it wrong. As the contract for the driver (ie the tenant) is firstly with the LL.


Just take a look at the blog and the case law.

But the LL has no contractual interest in the parking area - he doesn't own it.

he cannot give a random 3rd party a contract which overrides the terms and conditions that the owner enforces.

It would be like saying he could give his tenant a contract that says, "this allows you to walk into Tesco and take a packet of peas without paying for it" and claiming that it overrides Tesco's interest in that packet of peas.

stator

tim123456789 wrote: »

But the LL has no contractual interest in the parking area - he doesn't own it.

he cannot give a random 3rd party a contract which overrides the terms and conditions that the owner enforces.

It would be like saying he could give his tenant a contract that says, "this allows you to walk into Tesco and take a packet of peas without paying for it" and claiming that it overrides Tesco's interest in that packet of peas.

The landlord (pressumably) has the right to park in that space, which he can legally assign to another.
This isn't a random car park, it's a residents car park.