PCN in residential car park from Conkai Security

beamerguy

• PARKING
o Not to park any vehicle other than a permitted vehicle in the parking space allocated.
o Not to at any time obstruct access for emergency vehicles onto the site.

Pretty simple really, you are permitted hence you have a permit
No mention of having to display a permit or the introduction of a
parking company. This overrides anything that the PPC can do

pappa_golf

simples , as the management co "what is a permitted vehicle "

Coupon-mad

And those rules do not mention a penalty, nor that there are terms on signs that apply and/or create a contract to pay money...how much money, 10p? Two grand?

See what I mean, nothing bound you to a contract to pay money.

pappa_golf

beamerguy wrote: »

• PARKING
o Not to park any vehicle other than a permitted vehicle in the parking space allocated.
o Not to at any time obstruct access for emergency vehicles onto the site.

Pretty simple really, you are permitted hence you have a permit
No mention of having to display a permit or the introduction of a
parking company. This overrides anything that the PPC can do

well yes and no , not a permit , you have permission to park in your allocated space by virtue of your lease , permits iaaued by a 3rd party that are not listed on the lease do not count

ForumUserOne

It seems a bit catch 22 to me:

There's no mention of parking restrictions, having to display a permit, cost of parking, or definition of permitted vehicle in my actual lease. The only reference is the address of the property and then "including parking".

The 'house rules' document which my letting agency sent me as the 'superior lease' is written by the management company who also arrange permits. They don't have any record of my VRN and there is not mention of parking beyond what I have quoted already. I'm sure if I asked the management company they'd define permitted vehicle as one displaying a permit. But then I also have an assigned space.

I'm a little unsure where to go from here? Who should I contact and what should I say?

The_Deep

The 'house rules' document which my letting agency sent me as the 'superior lease' is written by the management company who also arrange permits.

Hang on, "house rules" cannot overrule leasehold/AST rights. They cannot impose permit parking which a lease/AST make no mention of.

Half_way

A quick skim of this post....
It appears you do not need a permit as you already have the right to the space. you can not be offered something you already have.
in other words they can stick their permit where the sun doesn't shine, and you could potentially have the management company and its agents for tortuous interference and a days protection act breach.

paulstevens64

OP, you are a tenant on an AST? Can you ask the Letting agent for a copy of the "lease" for your flat? That is the superior lease that is being referred to. That document (your landlords lease with the freeholder) will contain the right to park (or not) and the rules, such as: no commercial, no SORN, no MOT failure etc. Your AST is probably not enough, you need the actual lease for your flat.

ForumUserOne

Yes, I am on an AST. The house rules document was what they supplied as the 'superior lease' but I have asked again for "the lease to the flat (i.e., the landlords lease with the freeholder)". Hopefully they send the correct document this time.

I have also received a 'notice of intended court proceedings' from the parking agent which just appears to be another demand for payment as it quotes ParkingEye v Beavis. The deadline is 28 June, should I respond with anything before this date?

Coupon-mad

The only reference is the address of the property and then "including parking".

With no caveats, no charges or terms!

There is no catch 22. You have primacy of contract and even the words 'permitted vehicle' do not mention a charge. You can't agree to an unquantified charge that's not incorporated into your agreed contract.

Why not read Jopson v HomeGuard (Appeal case):

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

Court transcript linked in the Prankster's Blog. The Judge's words make good reading.

Also read PACE v Mr N, also linked & hosted there by the Parking Prankster. The Judge explains the position well!