PCN for a resident!

pcn_from_cpm

Good evening everyone,

I got a PCN from CPM last month for failure to display a valid permit. The problem is that my resident permit was on the dashbord but it was partially covered by another parking ticket but you can still tell that it was a valid permit from the rest of the visible details. the only missing bit was the bay number. I completely understand the PCN but I find it totally unfair to pay 60£ (or 100£) while you have a valid resident permit. I am a new driver and as such thought I was dealing with nice people so I drafted a quick appeal to these guys. it was obviously unsuccessful. I have just appealed to the IAS and I would like to get your opinion on what I mentioned in my email: (my bullet points)

1) wrong bay number. ticket says I was on xxx but I was parking on yyy as you can see from the operators pictures.

2) i have a valid resident permit. some of the details invisible on that day but still was on my dashbord

3) unclear signage: the signage doesn’t explicitly say that all the details have to be displayed so I didn’t get it from the signs (i am a foreigner as you can tell from my writing )

4) unfair fine: what is the loss for CPM if i have a valid permit?

Thanks a lot for your help guys/girls!

pcn_from_cpm

Does the wrong bay number in my PCN make it invalid?

And by the way, there is nothing in my tenancy agreement about parking, and so I was just wondering if the primacy of contract apply in my case?

Umkomaas

There are no rules in this game. The only person who can give you a definitive answer is a Judge. Do your research so you know what to put before a Judge - if it gets that far.

No one here can tell you absolutely 'Yes' of 'No'.

nosferatu1001

What does your landlord think about parking?

pcn_from_cpm

Thanks a lot guys for your feedback.

I don't deal with the landlord directly but the letting agent. I remember asking her about a parking space as it was not mentioned in my tenancy agreement. She confirmed that there was one allocated to my apartment and that I got the fob to access the car park. She also mentioned that there were 2 resident permits in the "moving in" pack.

Just there is no clause in the tenancy agreement about parking or that I have to display any sort of permit!!!

The_Deep

I don't deal with the landlord directly but the managing agent.

That is odd, I discourage all my tenants from going directly to the MA without contacting me first, do you mean the letting agent.

Did you park in someone else's bay?

pcn_from_cpm

Sorry, I meant the letting agent.

No, I was parking my car in my bay...I was displaying my resident permit on the dashboard but some of the details were obscured by another parking ticket!!!

The_Deep

Read these

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

and search this board for accounts of residents beating these scammers in court using the legal argument of "Primacy of Contract"

pcn_from_cpm

Thanks a lot for your feedback. I will go ahead and read them...

I found this on the link that you mentioned:

"Primacy of Contract

The idea behind primacy of contract is that a contract cannot be unilaterally altered by one party without the permission of the other. In the case of residential parking, the lease is the key document. If this gives the resident the unfettered right to park then this cannot be altered later, for instance by requiring a permit to park."

There is no clause in my tenancy agreement about parking. But I still got the resident permit and the fob when I first moved in...

Guys_Dad

If the NtK specifies a wrong location, then simply deny the "offence" as stated and if it gets to court, then bring up the fact that the photos show you were parked elsewhere.

pcn_from_cpm

That is what I mentioned in my appeal to IAS so I hope that they will take it into account in their verdict...