Ticket for parking in my own space

LG1985

Good Morning,

New to the forum but have been reading for a while due to my current situation. The information in here is fantastic and I'm sure the majority of my questions have been answered in some form already but appreciate any help that can be offered.

I recently moved into a flat which has comes with a dedicated parking space. It is a private rental and as such has no official rental agreement, no documents to refer to. When I moved in I was told no permit was necessary as you can only access the parking area with a fob to open the barrier. There are however signs indicating it is managed by UK parking control. I have parked in my space without issue for 3 months but have recently received a ticket (bank holiday Monday 2nd April).

My initial reaction was just to ignore it but after reading further I should probably enter some form of discussion with them. The owner of the flat has said he is happy to contact them and explain the situation, is that a good idea? I now have the permit which he provided.

In a normal situation, I would just write to them myself and explain I am living in the flat that corresponds to that space but I am concerned that might amount to admitting guilt. The ticket is for not displaying a permit which I wasn't.

Don't know if this is relevant or not but the car is not registered at this address, it is only a temporary residence before moving into a purchased house and I didn't want to change the address twice.

Any advice would be much appreciated.

Thanks!

Quentin

You do need to keep the PPC informed of your correct correspondence address.

They have 6 years to start legal proceedings and you could end up with a ccj against you over this that you know nothing about if you don't keep them informed of your whereabouts

See the newbies FAQ thread for the template appeal to send designed to get you a popla code

Guys_Dad

Your landlord needs to help. Can he give you a copy of his lease as all of similar cases tend to be won on primacy of lease.

Please search for other "in my own space" threads to catch up on the situation as this will be the quickest way to get to grips with how you win.

The_Deep

It is a private rental and as such has no official rental agreement,

I hope you know what you are doing, you have very little protection under the law, and if your landlord is not declaring your rent for tax purposes you could be done yourself as an accomplice.

LG1985

I hope you know what you are doing, you have very little protection under the law, and if your landlord is not declaring your rent for tax purposes you could be done yourself as an accomplice.

He has portfolio of houses/flats but rents them out privately rather than through an estate agent. A contract was signed to agree we pay x amount every month to rent ......... property.

What I meant was there wasn't a huge contract as you'd expect to receive from a letting agent.

The_Deep

What I meant was there wasn't a huge contract as you'd expect to receive from a letting agent.

ASTs are more or less the same whether a landlord uses a letting agent or does it themselves. What does your AST say specifically about parking, penalties, parking permits, etc. If the answer is nothing, you need to get a copy of your landlords lease.

Without that you are less likely to win in court.

LG1985

It doesn't go into any detail, it just says how much we are due to pay each month + deposit.

Is explaining the situation to them a pointless exercise?

You can only get into the parking with a fob that residents have.

nosferatu1001

Of course its pointless. They dont get ANY money unless you pay.

Just go through your AST and see what it states about peaceable enjoyment and any reference to communal spaces.

Guys_Dad

nosferatu1001 wrote: »

Of course its pointless. They dont get ANY money unless you pay.

Just go through your AST and see what it states about peaceable enjoyment and any reference to communal spaces.

Don't quite agree with that as it stands. An AST can NOT confer any benefits that the landlord's lease does not provide for. For example, if the landlord's lease has parking for only one car, he can't give you an AST that says you can park two.

Now that is only a simple example, and that is why you need to see the landlord's agreement/lease. That is the lease that has primacy, not the AST which is a private agreement between you and your landlord, but not you and the landowner.

For all you know, he may have approved a change in his lease that incorporates a parking regime. (In that case, your action would have to be against him)