PCN for parking in my parking spot...

Coupon-mad

As they said it was a lease car, the fact the driver would have remained unidentified, would have allowed them to use the POFA, as no parking firm includes the right documents to hold a hirer liable.

Now, because the appellant ticked 'driver' the PPC don't even have to issue any NTK.

murkr

Coupon-mad wrote: »

Does the neighbour own their space under a Deed of Covenant or similar?

Or are spaces just 'allocated' by the freeholder who retains ownership?

They are allocated by the freeholder (I know this from my own)

murkr

Coupon-mad wrote: »

Registered keeper. On the basis that they WERE the 'keeper' so that's close enough.

But I don't believe any PPC makes this mandatory. I think it was avoidable.

https://www.cpmappeals.co.uk/appeal-online.php

Thinking of it I am not 100% sure I did select driver, I may have clicked keeper. I'm not sure now...

Surely unless you "type" that you were the driver a simple ratio can't hold up. Not impossible for there to have been a glitch or something. Or their system wasn't reliable.

D_P_Dance

trinidadone wrote: »

So the person should of stated they are the registered keeper and not the diver, what difference does this make?

None imo. In fact in "own space" issues it can be advantageous. Cases such as this should be heard on contract, nor POFA.

murkr

I checked my lease and the only mention of the parking is as follows:

RIGHTS FOR THE BENEFIT OF THE PROPERTY
These are sometimes called easements. These are contained in schedule 3 (page 41).
They ensure that you will have necessary rights of access to the premises and for the
supply of services to and from the premises. There are also rights of entry into other
parts of the building (upon giving appropriate notice) to carry out any necessary repairs.
There is, in particular, a right to exclusively use an allocated parking space which is
shown marked P24 on the plan attached to the lease.
There are also some rights which are reserved for the landlord and other tenants.
These are set out in schedule 4 (page 43).


There is nothing further in page 43 that mentions parking.

Bare in mind the spot my car is in, is one a neighbour has let me use since I moved in.

D_P_Dance

a right to exclusively use an allocated parking space which is
shown marked P24 on the plan attached to the lease.

There you go, your lease has primacy, if the are daft enough to take you to court they will surely crash and burn.

Have you complained to your MP yet?

murkr

D_P_Dance wrote: »

a right to exclusively use an allocated parking space which is
shown marked P24 on the plan attached to the lease.

There you go, your lease has primacy, if the are daft enough to take you to court they will surely crash and burn.

Have you complained to your MP yet?

I haven't I was just getting all my facts in first, and I also sent a data request to them to double check what I wrote in my appeal, I can't find what I did with the screenshot. But also to waste their time like they have to me.

The thing that concerns me is that I was in parking spot 40 (as I use a neighbour permit as we have 2 cars and they dont use theirs)

Coupon-mad

There is, in particular, a right to exclusively use an allocated parking space which is shown marked P24 on the plan attached to the lease.

The thing that concerns me is that I was in parking spot 40 (as I use a neighbour permit as we have 2 cars and they dont use theirs)

Then you need to rely upon the grant your neighbour has allowed, relying on his/her primacy of contract under their lease. You will need a witness statement from the neighbour as evidence, ready for any later court claim. Keep all letters and get that WS, stating that he/she has granted you the right to park, based on his/her exclusive use of the space in their lease, and no third party can add terms to those rights.

But you are at IAS stage and the NEWBIES thread tells you to ignore that farce completely.

Posts #3 and #4 of the sticky thread cover this stage and why.