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Miss R versus VCS Ltd

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Comments

  • Did you have a permit and were you entitled to one?

    In principle, the sign doesn't offer parking to anyone who isn't resident or who isn't entitled to a permit. The whole scheme is potentially unenforceable against those individuals (it is impossible to perform and yet there is a charge for a breach).

    That sign (charges apply 24 hrs per day) would seem to suggest that there are 24 hours in a day and since the charge is £100 per day, it would seem to me that there are decent grounds to argue that a new pcn could not be issued prior to 19:40 the following day.

    The code of practice is not part of the contract and day is not defined, so must be given the plain English meaning (and the one the parking company appears to use, namely 24 hrs).

    Even if I'm wrong on that (and I could be - these are ideas not advice), to issue a further ticket prior to the start of regular working hours fails to give the driver opportunity to move it (s/he may still be in bed/eating breakfast etc) thereby suggesting the purpose of the scheme is not to the benefit of residents but simply revenue generation.
  • Umkomaas
    Umkomaas Posts: 43,376 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's signage like that and the threats that emanate which will no doubt lower the value of properties on the estate. Seems more akin to incarceration than habitation!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Have you raised this with The first Tier Tribunal, or your lMP, yet?

    https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber
    You never know how far you can go until you go too far.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Umkomaas wrote: »
    It's signage like that and the threats that emanate which will no doubt lower the value of properties on the estate. Seems more akin to incarceration than habitation!

    Somehow I doubt that!

    Having lived on a couple of estates with communal parking I rather suspect a number of residents wouldn't have a problem with it at all. Indeed, I can think of a few here who would welcome it. :D:D

    To be honest, whether or not there is a PPC on an estate will make little difference to what people will pay. While I completely understand how folks on this forum view the issue it's going to be pretty low on a lot of people's criteria when buying on an estate. Indeed they might see it as a plus point as they will think that their parking space is "protected".

    And, yes, I know all the arguments - just saying how it is on estates from over 15 years of experience....
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    NeilCr wrote: »
    To be honest, whether or not there is a PPC on an estate will make little difference to what people will pay.

    Bearing in mind the seller has to declare known problems, or the leaseholder .. or the MA ? ... the declaration of a parking scammer harvesting the area could cause a problem
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    beamerguy wrote: »
    Bearing in mind the seller has to declare known problems, or the leaseholder .. or the MA ? ... the declaration of a parking scammer harvesting the area could cause a problem

    Still unlikely.

    I think very few people understand about PPCs. You have to declare neighbour problems. Not so sure about problems with an MA - and let's face it if you are selling you aren't going to fess up to any issues that you don't have to.

    In this case, anyway, OP is a tenant I believe.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    NeilCr wrote: »
    Still unlikely.

    I think very few people understand about PPCs. You have to declare neighbour problems. Not so sure about problems with an MA - and let's face it if you are selling you aren't going to fess up to any issues that you don't have to.

    In this case, anyway, OP is a tenant I believe.

    Not problems with the MA, more so the MA informing the new owners.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    beamerguy wrote: »
    Not problems with the MA, more so the MA informing the new owners.

    Aah sorry.

    No. I doubt that the MA is going to tell any prospective buyer about issues on an estate. Indeed, in my experience, you have no contact with the MA until you have bought and moved in - other than getting a management pack which is very generic.
  • JesterShoe
    JesterShoe Posts: 67 Forumite
    This is a link to the permits.

    https://photos.app.goo.gl/t9hh5KhmTdw4UzqF6

    https://photos.app.goo.gl/Q4fCoaHV92judv7Q8

    Mine is the laminated one.
    Even Richard Turpin had the decency to wear a mask!
  • JesterShoe
    JesterShoe Posts: 67 Forumite
    I would say VCS are in breach of contract by not supplying a Vaild Permit.
    1. It is out of date.
    2. It does not have my VRM only the bay number.
    3. Has no information on how get a new permit. (or on the sign)
    4. why have the expiray on christmas eve? (Maybe i'm been cynical, but just to catch you out)
    Even Richard Turpin had the decency to wear a mask!
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