Parking charge on own space but Car Parking licence states to show valid parking permit

fuming87

Hello all,

This is the first time I have posted so apologies in advance for any faux pas. I spent the last couple of days doing my research online including reading the NEWBIES thread as well as many similar threads including parking charge notices in your own space but I have not found one where it states in the Car Parking Licence that a valid Parking Permit must be displayed hence why I started a new thread. All help will be appreciated.

The clause in the contract for the parking space is as follows, but please note that the Licensor is the landlord who owns the space and not the PPC Secure a Space.

Vehicle & Usage: The Licensee warrants that any vehicle parked in the space must have a valid Road Tax, hold a valid MOT certificate at all times and that he/she will hold a minimum of Third Party insurance cover for the vehicle for the entire duration if this license. The vehicle must also display a valid Parking Permit issued to the Licensee by the Licensor in accordance with this License. The Space is only to be occupied by the Licensee’s own personal car,
motorcycle or Company Car. No commercial vehicles, boats, caravans or trailers are to be parked in the Space at any time.


Background
I rent a residential flat at and separately have a contract to rent a parking space from another tenant via a lettings agent. The parking space itself is in a private gated area accessible only with a key fob.

I was given 2 Parking Charge Notices last week of £100 each (£60 if paid in 14 days), as I do not drive my car often, by the PPC Secure-A-Space due to "Failure to display a valid Permit". I do own a permit but it must have fell off the dashboard when I closed the car door.

I never received a parking ticket before so I foolishly thought that by appealing and providing evidence that I have a contract for that space and sent them a photo of my permit that they would see it was a genuine mistake and that they would cancel the charges. Rookie mistake I know!

Secure a space have rejected the appeal, unsurprisingly and offered a lower settlement of £45 each and have provided me a POPLA validation code.

Now after doing my research on here I realised I should not have appealed in the first place as it legitimises their claim.

I have called the MA to try to have them assist to cancel the charges but they were very unhelpful stating that they are separate companies and that cannot assist me. I had told them that they are jointly liable as the PPC (as I had read on a thread) and that they have a duty of care to the residents. I have threatened to make an official complaint but I have yet to do that as I have been fobbed off so far.

I have read the numerous threads mentioning asking what it states in the lease about showing a valid permit and all I have read that was not the case but in my scenario it does state to show a valid permit BUT issued by the landlord of the space not the PPC. Does this still mean I have primacy of contract?

Also, I know that as the PPC is a private company that there parking charge is merely an invoice so it is a case of contract law. In my view, since I have paid for that space, there was no pre estimate of loss but seen a few contrasting views on this due to the ParkingEye vs Beavis case (although I am aware that was not a residential claim).

Should I continue to pressurise the MA to get the Parking charges dropped and if unsuccessful would my situation stack up for POPLA to accept my appeal?

Quentin

Pre estimate of loss is irrelevant


Keep on at the MA and construct your POPLA appeal at the same time (#3 in the FAQ covers POPLA appeals)


Post it up here for comments


(Have you appealed both tickets??)

fuming87

OK thank you for the quick feedback, I am currently writing a strong email to the MA hoping they can resolve the issue.

The POPLA appeal deadline still has 27 days as I only received the rejection letter from the PPC yesterday but will start working on it if the MA are not assisting.

fuming87

I did appeal both tickets using the same photos, writing etc. and received same response from the PPC for both.

Quentin

So 2 POPLA appeals then

Coupon-mad

Should I continue to pressurise the MA to get the Parking charges dropped

Yes.

and if unsuccessful would my situation stack up for POPLA to accept my appeal?

yes, that's what the long template points in the 3rd post of the NEWBIES thread are for; you only need one point to work, as confirmed here by someone else who had blabbed about who parked the car:

https://forums.moneysavingexpert.com/discussion/5889148/advice-and-thanks

At POPLA, do not show that 'licence' at all, nor refer to it.

Instead show the signs taken from a distance or photographed in the dark, some nice blurry unreadable pics, including a view with no signs in sight, and embed those images into the template point about 'unclear signs' as shown in the example POPLA appeals in the sticky thread.

You will also need 'no landowner authority' and maybe a point putting the operator to strict proof that they have a right to override the rights of residents - pass the buck to them. Just don't show the ''licence''.

fuming87

Good point.

As it is essentially the same incident, albeit on different days, am I right to assume that the 2 POPLA appeals can have the same details?

Quentin

Yes .

fuming87

OK thanks for the advice, they are very much appreciated. I will continue to apply pressure on the MA and hope they can overturn the notices but will work on the POPLA appeals using the templates and do as suggested.

Thank you once again

Umkomaas

You might want to send one POPLA appeal in early as a 'tracer' to see if you get a decision before the deadline for the second ticket - if it's upheld, then copy the same appeal wording and attach the POPLA favourable decision. If it's rejected you have the chance of adjusting the second appeal in that context.

Timing though is likely to be tight.

fuming87

I am waiting for the MA to come back to me after I complained and asked them to help me get the notices dropped. Although the MA I called was very unhelpful and just tried to pass the buck so I sent a written complaint to see if someone more senior can assist.

Just working on the draft POPLA appeals in the meantime and upon reflection, I do not think the driver was disclosed. On the appeals, I selected that I was the registered keeper from the dropdown, that the permit must have fell when I closed the door. Also, that I am paying rent for the parking space so not gaining benefit from parking there illegally. I believe that simply stating I closed the door does not confirm whether I was the driver or merely a passenger - do you agree?

As the driver was not explicitly disclosed should I include the "The operator has not shown that the individual who it is pursuing is in fact the driver" and the "A compliant Notice to Keeper was never served - no Keeper Liability can apply" points from the template on the NEWBIES post?