Another Devere Parking Ticket thread

PooleGuy

OK so as a newbie I have read (as best I can) the obligatory opening thread and am a bit confused. So many abreviations and terms !!!

Right, background. My reason for posting is I live in a block of flats in the Poole area. I do not own it but am a tenant of 18 months. For some unknown reason the parking is "looked after" by Devere Parking Services Ltd. When I first moved in we where unloading a vehicle on a Sunday morning and the car was not parked in a designated spot. It was parked there so we could get the large TV out of the back seat and up to the flat. We may have been a while doing so but as we were the car was issued a Parking Charge Notice for not been parked in a bay. Anyway I appealed the notice giving my reasons. It was rejected and eventually after speaking to a member of the residents association was told that for residents they usually accepted a reduced charge so I settled it.
Jump forward 18 months and I now find myself issued with another ticket but this one is for not displaying my parking permit. Let me set the scene. My car is parked in my designated bay, in the basement with secure access so you cant get in with out a code for the door or an electronic key for the security door for vehicular access. My parking permit is displayed in the passengers bottom corner of the windscreen where the tax disk would have been. The ticket was issued at 0800 sunday morning. When it was found sunday evening it was found by my son who went to sit in the passengers seat and only saw it when he got in the car. The parking charge notice was placed on the windscreen OVER my parkinhg permit !!
The reason given on the notice states "Did not display a valid permit clearly on the dashboard/windscreen". Now unless the person is blind it is very obvious that there is a parking permit there. I feel this some how relates back to the fact that I paid a notice earlier as within a few spaces of mine was at least 2 vehicles showing no permit at all.
I intend to complain to the residents association and the building management company also but where do I go from here?
Appeal within 14/21 days or wait for something else?

The_Deep

Complain also to your landlord. What precisely does your AST say about parking? Does your landlord own the space or is it communal?

PooleGuy

What is an AST?
When I signed the tenancy agreement it came with a garage door opener and parking permit for a specific bay?
Does that make a difference?

Half_way

AST, Asured short term tenancy agreement, or something like that.
In other words the paperwork that goes with your flat, in particular what does it say about parking?
in your case this is critical, did you sign anything, or pay for the permit other than a deposit for the key fob?

PooleGuy

OK i have the lease here. I will go through and see what it says but how is that relevant if you dont mind?

The_Deep

If the AST does not mention the need for a permit to park, the PPC and the MA may well be trying to restrict your leasehold rights to quiet enjoyment of your property, possibly a criminal offence, and the PPC may have breached your DPA rights.

Read this

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

there are lots more such cases, and you could be on to a nice little earner if you are up for a fight.

PooleGuy

Sorry, DPA rights?

Coupon-mad

PooleGuy wrote: »

OK i have the lease here. I will go through and see what it says but how is that relevant if you dont mind?

Read this, a summary of the case law that relates to your rights (read Miss Jopson's appeal case and Pace v Noor):

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

Very relevant indeed, even if it is silent about permits but allows you peaceful enjoyment of the property.

The parking charge notice was placed on the windscreen OVER my parking permit !!
The reason given on the notice states "Did not display a valid permit clearly on the dashboard/windscreen". Now unless the person is blind it is very obvious that there is a parking permit there.

An absolute scam, clearly.

PooleGuy

OK so I have checked my AST and this is what is says -0
Car Parking Space
To park private vehicle(s) only at the premises
To park in the space allocated to the premises, If the Tenant is allocated a car parking space
To park in the garage or the driveway to the premises if applicable
to keep any garage, driveway or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the tenant, his family contractors or visitors.
There are 2 other clauses that are to do with leaving the tenancy.
There is also a clause about "Quiet enjoyment" which I have read somewhere. The clause in the AST reads -
To allow the tenant to quietly hold and enjoy the premises during the tenancy without any unlawful interuption by the landlord or any person rightfully claiming under,through or in trust for the landlord.

To be honest im not sure what all this means. Also my AST also says something about a Head Lease. Do I need to see this for details of the actuall parking rights for the flat as I dont see that happening?

Coupon-mad

I think that tenancy agreement is very useful indeed and would not seek out the Head Lease.