Multiple PCNs from VCS for Parking in own Bay

Dingaling63_72

Hi guys,

Apologies if this is covered by the newbies thread, I've had a good look at it but sadly still have a few questions.

I moved into a new flat in the North West at around 7PM Friday 20th July, with a car park patrolled by VCS. I received the first of (currently) 3 PCNs at 9AM Saturday 21st July. The second PCN was received at 7:15 AM on Saturday 28th July. The 3rd was received today at 7:54 AM.

I am renting the flat and there was nothing in the lease about having to display a parking permit when parking, neither was anything said to us by the letting agent when viewing the flat. After the second ticket, I managed to speak to the landlord who advised me that I had to speak to the management company to purchase a parking permit for the flat. This permit was purchased on the 27th July, but I have not received it yet. (A fantastic use of £6 but that's another story)

Sadly I appealed the first 2 tickets before I knew about this forum, and consequently admitted I was the driver. The 3rd ticket has not yet been appealed, and will follow the process on here. The driver on the 3rd instance will not be revealed. For the first 2 appeals I sent relevant extracts of my tenancy agreement, the receipt for paying for the parking pass and pictures of the sheets of paper on my dashboard. Not expecting much going off past experiences on this forum.

VCS send an NTK to my home address on the 30th July, referencing a PCN dated the 27th July (Does not match any of my PCNs) I have so far only received 1 of the 3. I thought they were supposed to wait a month before sending them?

I have been posting sheets of paper with the relevant info from my tenancy agreement on the dashboard along with a note explaining the situation, and have not received PCNs on those days despite having no official parking permit in the car. Would this have any effect on their claim?

Also, the car in the bay next to me has an expired permit yet does not receive tickets. This would have an effect also?

I am currently speaking to my landlord to get a copy of his lease to see if his lease has it stipulated that he must display a permit when parked in the bay (our TA did not) - So far he is looking to be uncooperative but I shall see how it goes.

I am also drafting an email to the Estates management company asking them to null the charges as well. I saw on this forum a message that someone sent to their EM company basically revoking the right to patrol their land (the bay) and threatening action if they do. Could someone have a look at mine and see if it's ok? [link attached when I am allowed]

My next steps are as follows from what I understand: could anyone confrim if this is the correct thing I should be doing?
1) Wait for the remaining 2 NTKs to arrive for the other 2 tickets
2) Appeal 3rd parking ticket when it does on the VCS website
3) Write to Landlord RE lease
4) Write to EM asking to null charges
5) Wait for court summons

Cheers

Fruitcake

Naming the driver is not fatal in "own space" cases, and is normaly to the motorist's advantage, especially if it ever gets to court. It is much easier to say to a judge, "there is nothing in my lease about permits" than, try to explain how The Driver is covered by "your lease."

That being the case, why is the landlord telling you to pay for a permit that you don't need? You are being ripped off.
I would ask for your money back and put in writing to both the landlord and PPC that you do not agree to the scheme and any attempt to ticket your car in your demised space will constitute trespass.

You should also complain to the agent that you are being harassed, and they had a duty of care to inform you of anything that will affect your quiet enjoyment of the property. Had you known about this before hand you would not have rented the place.
Can you cancel the agreement and move out without penalty as the rental was mis-sold in my opinion.

System

Are there signs around the car park? And what do they say about tenants, visitors, and residents.

The signs are all if you don't have ownership of the space.

The_Slithy_Tove

Do not pay money to park in a space that you already have permission for. What on earth are you doing paying for a permit you have no requirement for? Return the permit and demand your money back.

The_Deep

I appealed the first 2 tickets before I knew about this forum, and consequently admitted I was the driver

No worries, it is far better if this reaches court to defend as driver and keeper.

There is plenty of stuff on Parking Prankster about "own space" tickets.
http://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your AST say about needing a permit? What does your landlord's lease say? To whom did you pay £6.00? Who has issued the permit? Does it bear the name of the PPC?

Parking tickets to residents in "own space" situation are nearly always a scam, read up on "Primacy of Contract", read Jopson v Homeguard, read Danielsan's post on this forum.


This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.7

Dingaling63_72

Hi guys,

Thanks all very much for your help. Very reassuring to hear all of this!
I'll now answer your questions from the top to bottom:

- That being the case, why is the landlord telling you to pay for a permit that you don't need?
I get the impression that they don't really know the ins and outs of it (it's a student flat and they haven't had a car in there before) so they're just going along with general advice. Annoying.

- I would ask for your money back and put in writing to both the landlord and PPC that you do not agree to the scheme and any attempt to ticket your car in your demised space will constitute trespass.
Already being done, Please see screenshot here and critique: imgur (dot) com (slash) Tcbipfi

- Can you cancel the agreement and move out without penalty as the rental was mis-sold in my opinion.
Sadly I don't think this would be easy as In my (inexperienced) opinion, this would not be enough of an inconvenience to break the contract without recourse.

- Are there signs around the car park? And what do they say about tenants, visitors, and residents.
There are, please see here for a picture taken helpfully by VCS: imgur (dot) com (slash) V6TlFVW
- The signs are all if you don't have ownership of the space.
Not sure what you mean by this? Should all be only?

- What does your AST say about needing a permit?
Please see here for the only mention of the parking spot on the AST - Clause 15 is regarding termination of the tenancy:
imgur (dot) com (slash) AJAH2q2

- What does your landlord's lease say?
Still trying to find this one out - will update as I get the info

- To whom did you pay £6.00?
It was paid to the Estate Management company to "cover costs of postage" of the parking pass.

- Who has issued the permit?
I think it's VCS themselves, but I've ordered it via the EM company.

- Does it bear the name of the PPC?
It does yes.

System

- Are there signs around the car park? And what do they say about tenants, visitors, and residents.
There are, please see here for a picture taken helpfully by VCS: imgur (dot) com (slash) V6TlFVW
- The signs are all if you don't have ownership of the space.
Not sure what you mean by this? Should all be only?

Very useful.

Signs require "permit holders" to park in "designated" bay which in your case is explained in the AST. If the car was there, then the ticket was issued not for trespass but for breach of contract - the VCS one and not the AST one.

The issue if this goes to court will be primacy of contract. Did the AST contract override the VCS contract. Most judges will say yes but you do have the odd one that goes against the flow.

If you were always parking in the designated bay then have a go at the management company basically until they are either sick of you or cancel - whichever comes first.

Dingaling63_72

If you were always parking in the designated bay then have a go at the management company basically until they are either sick of you or cancel - whichever comes first.

Yeah will do - Obviously will argue that my tenancy agreement overrides the VCS contract, is there anything else In your opinion should be pointing out to them?

Edit - Also read Daniel san's post - Not sure if I've found the right one as it looks like he owns his flat - but I've done some digging and don't think it applies to me (would have been great if they were owned by the same company!)

Thanks

nosferatu1001

Any chance you can NOT obscure those adresses so much?

All you need to do is write "hxxp" instead of "http" and it will work. Nothing more. We can then post the fixed URLs

System

The AST was not conditional. It did not qualify anything other than being in the designated bay so your argument is that there could never be consideration in the form of parking from VCS as you already had parking as part of your AST.

Two people cannot "sell" the same thing. Your landlord "sold" you parking as part of the AST and you were not informed it was conditional (until later). Once you have the permit, then the contract changes so you might want to see if you can duck the permit all together. In situations with permit parking, going permitless is the best option if it can be achieved.

Dingaling63_72

nosferatu1001 wrote: »

Any chance you can NOT obscure those adresses so much?

All you need to do is write "hxxp" instead of "http" and it will work. Nothing more. We can then post the fixed URLs

Apologies - here you go:

AST relevant to parking - hxxps://i.imgur.com/AJAH2q2.png

Picture of parking signs - hxxps://i.imgur.com/V6TlFVW.png

Email to Property management company - hxxps://i.imgur.com/Tcbipfi.png