VCS "This is not a parking charge notice" - guidance please

Wildsound

Is the leasehold agreement that my landlord presumably has valid in this case, or is my tenancy agreement the only legal document which is relevant in my case? (i.e. my landlords lease may state that a permit must be visible, but my tenancy agreement does not, as I have shown above)

NeilCr

Coupon-mad wrote: »

Agreed.

But if he's going to ask the MA to show him the head lease, it would be daft not to also demand to know who the heck allowed this scammer to infest the site and who can cancel the scam...

Maybe in your politer style than my 'woman scorned, how dare you' mode!

:D

I always think it's best to start polite and go from there! As an unpaid director of an estate I know how I'd react if someone accosted me with a tirade along the lines of "That C-M from MSE has told me that you've got to cancel the parking ticket cos she said so" Followed by "The Deep has advised me to report you to Trading Standards (by letter)" Tongue in cheek but this is someone who knows you and your ways!

:beer::beer:

I think the OP needs to see if they can get a copy of the lease from the landlord to understand what is there. And have an open conversation with landlord/letting agent about what has happened and where the authority to introduce parking permits has come from

Coupon-mad

Wildsound wrote: »

I have an email chain with the property management company a few months ago when they issued new parking permits.

They requested my license plate number in order for them to issue me with a visitors permit (which they did).

Perhaps this was foolish of me originally, however that has happened now. Is it worth me contacting this person by email to see if they are in a position to cancel the "not a parking charge notice"s or would I be digging my hole further?

Does that email trail:

- tell you that not displaying a permit risks a penalty?

- specifically say that the penalty is £100? That figure, stated in black & white?

- refer you to read the signs that form part of a contract?

- tell you that the permit scheme foisted on you, is creating a contract?

Wow you were compliant, effectively accepting the scam. Sadly, residents are. Do as NeilCr says and get this cancelled and make it clear you have NEVER accepted any obligation or contract and that your tenancy agreement grants you rights to park that pre-date the scam.

Call it a scam, I would. I do, every day, quoting from Hansard 2.2.18 ''outrageous scam''.

kryten3000

If you supplied your VRM to the managing agent, why couldn't the parking company just add it to a list of genuine residents? No need for permits at all, but then number plates don't fall into the footwell do they?

Wildsound

Thanks for everyone's responses so far. For now, I have emailed the letting agency to see if they are in any position to be able to get them cancelled (I don't have my hopes up, but worth a try for now).

Just so I'm clear (and maybe someone with contract law experience can confirm for me), but as the contract I signed for my tenancy agreement makes no mention of me having to display a permit in my designated parking space, this will override any so called "contract" that these cowboys want to impose on me?

Wildsound

So. surprise surprise, neither the letting agents or the property managers wish to help me with this, so looks like I'm going to have to go the long haul... The fact that the property manager a few months ago asked me for my reg plate number to issue me a visitors pass, to then say she can't help me is making me ask the question "why did she need this information in the first place?"

NeilCr

Have you asked the landlord for a copy of the lease?

Have you asked letting agency/property manager who authorised the introduction of the PPC/parking rules and under what authority?

If I'm honest it might be harder to get this info as you are a tenant. Do you know the landlord enough to have a chat with them about it?

Wildsound

NeilCr wrote: »

Have you asked the landlord for a copy of the lease?

Have you asked letting agency/property manager who authorised the introduction of the PPC/parking rules and under what authority?

If I'm honest it might be harder to get this info as you are a tenant. Do you know the landlord enough to have a chat with them about it?

The only info I know about my landlord is what is written in the tenancy agreement, and they use a South African address, so unlikely I will be able to get hold of them directly. They use this letting agent to manage the property for them. I don't know if the letting agency will provide me with a copy of the lease, or if they are even obliged to?

Redx

send them an SAR under the new GDPR 2018 and require information on who signed the deal with the parking company, a copy of the lease etc and what other data they hold on you , especially since they were the ones who asked you for VRM details (your data)

ie:- make them do some legal work on your behalf

you can also send them an LBC stating that you hold them jointly and severally responsible for the actions of their agent and/or contactors (the parking company in this case) and thay they will be required to attend court if this goes that far, so ask them for the name and serviceable address of the person who will be attending court should this go that far

make them so uncomfortable that they endeavour to get this pcn cancelled

Wildsound

Redx wrote: »

send them an SAR under the new GDPR 2018 and require information on who signed the deal with the parking company, a copy of the lease etc and what other data they hold on you

ie:- make them do some legal work on your behalf

you can also send them an LBC stating that you hold them jointly and severally responsible for the actions of their agent and/or contactors (the parking company in this case) and thay they will be required to attend court if this goes that far, so ask them for the name and serviceable address of the person who will be attending court should this go that far

make them so uncomfortable that they endeavour to get this pcn cancelled

Thanks for this. By "them" are you referring to my lettings agents or the property managers? I have reservations putting the lettings agents under grilling as they have our £2,400 deposit on the flat. The idea of that being in jeopardy by annoying them concerns me (I know it shouldn't, but I don't want to have a separate problem when I leave)

Just so I'm sure (after a google search) your acronyms are:
SAR - Subject Access Request?
LBC - Legally Binding Contract?