Residental ticket

Hexx

Hi,
Used to post regularly here and on pepipoo (had 1235 posts) but had to drop out for personal reasons. I've also been a lay rep on a number of occasions but it all had to take aback seat. I lost all my details so I'm starting over. A friend of friend got in contact about a ticket and I've decided to help them out.
I need the opinion of the good peeps on the forum on this one so I can go in the right direction.
The victim moves in to her rented flat but is not told there is a parking regime at the flats. She has a designated parking space. After 2 weeks she receives a ticket and calls the letting agency who tell she should have received a parking permit with her welcome pack.
On investigation it transpires the old tenants who moved into a different flat in the block took it!!! She is given a new one and told to verbally ignore the ticket.
The car belongs to the victims mother who duly receives a notice to keeper and a final notice.
AT this point the victim complains to the letting agent who sends the parking company (Armtrac) a copy of parking permit and the drivers details. Armtrac arent interested and refuse to engage further until paid.
Now heres the possible sticky point. Theres approx 12 parking spaces. It is my understanding that the only space under the parking regime is the victims. Every other space with a car doesnt need a permit (even though the signage requires every car to have a permit)
I am assuming that the contract is in the name of the landlord as the victim just received an email from the landlord stating that the parking conditions are now rescinded. The kicker is the landlord has no interest in getting the ticket overturned even though he knows the victim never received the permit. Nice landlord.
I've explained the possible permutations of court and debt collectors etc. She will grudginly pay it to make it go away as shes tired of the back and forth between Armtrac, the landlord and letting agents. Understandably feels shes been treated very unfairly by all concerned.
Her contract states

'That the tenant paying the rent and performing and observing the obligations of the tenants part contained in the agreement shall peaceably hold and enjoy the premises during the term without any unlawful interruption by the landlord or any person rightfully claiming under, through or in trust for the landlord.'

I'm thinking as if im arguing in court. The landlord has put a parking provision in place and she has failed to follow it (all the arguments aside) therefore does this render her quiet enjoyment of her parking space obsolete?
She has a highlighted plan of her parking space.
Im aware of the residental ticket successes on the forums.
What do folks think?

[Deleted User]

Back to front. Wrong way round.

The lease is the entitlement to park. You should find that Agreement (capital A) is a defined term, referring to that document ALONE. Further, it is common for leases to provide that where there is a conflict, the lease terms prevail.

Assuming that's all ok, AND the lease doesn't require that a permit is displayed, then there is no obligation to do so.

Coupon-mad

I don't think she should 'pay to make it go away'. This is winnable.

As Johnersh says, the Agreement is the Tenancy Agreement, including a highlighted plan of her parking space.

the victim just received an email from the landlord stating that the parking conditions are now rescinded.

What do you mean, can you show us that email wording, what is 'rescinded'?

Hexx

Thanks Jonnersh, Thats where I wasnt sure. I primarily dealt with public car parks and not had much experience of tenancy agreements.
Thanks SRM,The wording is this. The email was sent to the letting agency who forwarded it to the tenant.

Good Afternoon xxxx,
I have received the following email from the landlord regarding the use of your parking space

Dear xxx,
Please note that the car parking space at xx will be de-registered from next week, therefore the tenants or their guests can use it without fear.
Regards etc
Its dated 09/08.
Thanks for the quick responses.

Hexx

Just bumping this up. Does anyone think this email from the landlord is relevant?

nosferatu1001

Yes, sounds like the landlord is saying it will be removed from the parking companies remit to "patrol"

More importantly, get the lease and confiorm entitlement to park> then the lessor tells ARmtrac to FRO.

Hexx

Thanks for everyones input. Unfortunately the driver coughed up. Most disappointing. She may be persuaded now the pressures off to pursue Armtrac for the £100 including a court claim. Her argument being she paid under pressure from threats from the company and now she understands she never legally needed to display a permit.
Do knowledgeable folk think this is worth pursuing?

Coupon-mad

Probably not, IMHO. She paid - scam and game over.

nosferatu1001

Theyll state paying accepted liability.
Did she at least pay "under protest"? If not, really no hope.