Park Direct UK Ltd. Ticket

wxe1600

I have recently moved between two different properties within a flat complex.
The complex has parking controlled by Park Direct UK Ltd. and each flat has an assigned space with marked permit.

During the move I kept both permits in the car with "Flat A" in the window and “Flat B” in the centre console.

On 19/03/2019 morning I received a ticket while being parked in the marked “Flat B” space.
The reason for the ticket is “Unauthorised Parking”.

It does not feel fair that I should receive this ticket as I am entitled to park in this space.
Although I accept that I may not have been clearly displaying the correct permit in the window.

Could you please advise on how to appeal this ticket and if there is any chance it will be successful?

Umkomaas

No company known to us as 'Parking Direct'. Go check your paperwork.

Fruitcake

What does your lease/AST say, or just as importantly, not say about parking/parking permits?

Have you complained to your MA yet? They should be able to get this cancelled, but alas many are in bed with the scammers or don't understand the scam.

Please read the sticky thread for NEWBIES then send the template in blue you will find there.
Normally we advise keeping the driver's identity secret, but this is less important in "own space" cases.

See what judges think about residential parking.

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

Complain to your MP about this unregulated scam.

D_P_Dance

I am entitled to park in this space.

In which case, in order to prove breach of contract, they would have to prove that you are not. Have you read this?

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

Your leases/ASTs are all important here. Do they mention the requirement for a permit in order to park, do they say a fee is payable to a third party so to do? Do they give you unrestricted access to your Space? Read and understand the term "Primacy of Contract". Your leases/ASTs may give it.

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

wxe1600

Sorry actual company name is Park Direct UK Ltd.

D_P_Dance

Thank you but what does your lease say? This is sine qua non.











wasw

wxe1600

I have checked and there is no mention of a permit for parking in the AST.

The ticket does however state that by parking in the space you are in agreement with the terms displayed on the parking signs (which I have to accept are clearly visible).

D_P_Dance

wxe1600 wrote: »

I have checked and there is no mention of a permit for parking in the AST.

The ticket does however state that by parking in the space you are in agreement with the terms displayed on the parking signs (which I

have to accept are clearly visible).

That has no validity. They can offer you no consideration which your lease/AST has not already granted.

https://en.wikipedia.org/wiki/Contract

wxe1600

Thank you for your help.

I plan to send the following letter:
If anybody has any advice or suggested changes then please let me know.
I am particularly unsure about not discussing the fact that the correct permit was not clearly displayed (and likely not seen by the parking attendant).

Dear Sir or Madam,

Parking ticket number: XXXXX
Vehicle registration number: XXXXXXX

I received a parking ticket on 19/03/2019 XX:XX but I believe the ticket was wrongly issued and I would like to submit an appeal for the following reasons:

The alleged contravention did not occur
Quite simply, the parking attendant got it wrong and I was not parked inappropriately at the time the ticket was issued. At the time when the alleged contravention occurred, we were moving house between two different properties in this complex (from “XX The Wharf” to “XXX The Wharf”), as at the time of the alleged contravention I am a resident at both properties I am entitle to park in either of the allotted parking spaces.
Please see attached evidence of the both parking permits.

In addition to the above there it is not specified in my Assured Short-hold Tenancy Agreement that I need to display a parking permit in the vehicle.

Yours faithfully,

Le_Kirk

You need to tell them that you expect the ticket to be cancelled!

Fruitcake

That looks like that template from the "official" MSE site that we tell posters to avoid like the plague because it has dreadful out of date advice.

Use the template from the NEWBIES as you have already been advised to do, but add the information from D_P and Le_Kirk that there is no requirement in your lease to display a permit and a third party scammer cannot vary the rights already granted to you by your lease.

Do complain to your MA/HA and most definitely complain to your MP about this unregulated scam.