I have read the newbie thread but think my case is different... help

LauraV_2

Here's what I've put together for the MA, your advice would be greatly appreciated as I'm not sure whether I'd worded it correctly. Also I wasn't sure how to sign it off?



Being a resident on this site I was under the assumption that the parking company was put in place to deter unwanted and dangerous parking, not legitimate residents. On 30th June 2017 a PCN was placed on my vehicle. The vehicle was parked in a visitors bay for a short period while it was being unloaded as it was closer to the property. When the driver returned to the car to display the permit the ticket had already been issued, in a matter of time less than 30 minutes. At no point was the vehicle parked dangerously or inconsiderately. Would it not be more effective for the PPC to have a 'whitelist' of vehicles allowed to park on the site rather than an antiquated paper based system that is open to errors and human mistakes.
After close examination of the PCN it also clearly states that the vehicle was parked at '***********'.
As this was clearly not the case I sent an appeal to which it was rejected. I would expect that the initial appeal system was put in place to distinguish the legitimate claims from the chancers so the appeal from a legitimate tenant/leaseholder should have been upheld but it was not. Please take into consideration the following from my lease:
'Schedule 3.1 - The right for the leaseholder and all persons authorised by the leaseholder (in common with all other persons entitled to the like right) at all times to use the Common Parts for all purposes incidental to the occupation and enjoyment of the premises and the visitors parking space (but not further or otherwise)'
At no point does the lease refer to having to display a valid permit and the lease has precedence over the parking scheme due to primacy of contract. The terms of the lease cannot be varied by the PPC and if a variation of contract has been made, where is my written notification that I agreed to it?
Not only does the lease not state the need to display a valid permit but the PCN was invalidly issued on my vehicle therefore...

Coupon-mad

Not bad, but it sounds like an appeal and they will tell you 'in no way will the MA act as a mediator in cases against the PCN'!

I would suggest you read the fantastic letters written by LOC123 on hairray's thread! Just search the members list for 'hairray' and click on their username to read their thread and the linked letters.

He/she got their PCN cancelled by threatening to sue the MA, it focussed their minds.

LauraV_2

I had a feeling it wouldn't be right. The letters by LOC123 look incredible although completely beyond me! I wouldn't want to adapt them as I'm sure it would be completely wrong and knowing my luck I'm missing something in the lease.

Redx

so draft one up and post it here for critique

it costs nothing to do this !!

if the MA engaged the PPC, they are legally responsible and liable for the actions of their appointed agent and cannot just wash their hands of it

as mentioned earlier , threatening to sue a MA in court usually focusses their minds

LauraV_2

My above post shows my drafted attempt which is clearly wrong. I have no idea where to start with such a letter as LOC123's as I have no knowledge of law whatsoever.

LauraV_2

If there is anyone that could draft a letter for me it would be greatly appreciated. I can take copies of the lease if needs be.
Do I need to make an appeal to IAS? Seeings as my main issue is the location error on the PCN.