Double Parking Charge Notice for "Not displaying a valid permit"

pastacolg

Hello,

I can't believe I'm back here after my last case from February 2019.

I have just got two Parking Charge Notices for parking on my parking space in a multi-story gate-operated residential car park. The last thing I want to do is to pay a parking company easy money but on the other hand it might be just easier to save all the hassle with waiting for them to take me to a court. But then again I've got the experience from last year of getting up to a court hearnig and nearly winning the case.

And in this case I believe I even got a stronger case, thus my questions:

a) Has anyone won with a PCN (Parking & Property Management Ltd) over not displaying a valid permit?
b) I have got two PCNs for the same breach of contract. The car was parked from Thursday evening and I have got back to it this morning. Can I at least figtht to pay for just one PCN as a last resort?

I fully accept that I got the PCNs because it's in my own interest to make sure that any unauthorised vehicle doesn't occupy permit-holders' spaces but in this case I would imagine that all I'd need to do is to appeal, show them my permit and they would cancel the PCNs as the car was parked on my parking space and I give consent to it.

I know that's not how it works in the UK (sorry for the remark but this is extremely frustrating) but do I have a leg to stand before the court?

NeilCr

When you say it is "your space" is it shown as such in your lease/tenancy agreement?

And is there anything in there that mentions having to display a permit?

pastacolg

Thanks for a quick reply, NeilCr!

Yes, below is an excerpt from my solicitors' pre-purchase advising letter to me regardnig the lease agreement:

You have the exclusive right to use the parking space numbered L*.*** which please note may be repositioned by the Landlord but who must act reasonably in this regards

What are the implications if the agreement does say about displaying a permit? Would I still have a leg to stand in this case?

Below is full excerpt from the Land Registry:

3. Parking

The exclusive right to park (a) a "private motor vehicle" (such term in this Lease shall be deemed to exclude a commercial vehicle) on any Allocated Parking Accommodation (b) from time to time but not on a permanent basis a further private motor vehicle on one of the parking spaces marked "V" on the Plan

It doesn't say about a parking permit.

The_Deep

a) Has anyone won with a PCN (Parking & Property Management Ltd) over not displaying a valid permit?

Most of these cases, (and there have been thousands), are won by the resident, read this

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

If your lease/AST does not mention the need to display a permit and/or pay a scammer for not displaying one, then the PPC has little chance of suceeding, your lease/AST has primacy.


Read through the parking Pranksters blogs to see how few of these claims succeed as nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

pastacolg

Thanks a lot! I'm now inclined to fight them but this time I'd do it properly, i.e. I will write an appeal to these scammers and then reply to each of their letters until it reaches again the Basingstoke County Court

I wonder now how should I reply when my appeal will not be successful. How to communicate the parking company that I won't pay but in the same time still be reasonable as it might be helpful in a court case to show the judge that I tried every venue to not drag the case until hearing?

Coupon-mad

It would be useful to see the whole of the Lease, to see exactly what easements the 'subservient tenant' (the freehold landowner) grants regarding parking and to see what it says along these lines:

''to comply with all such regulations the Management Company shall from time to time make for the preservation of the amenity or for the general convenience of the occupiers of the building''.

Having said that, Management Company regulations cannot vary the terms without the agreement of at least 75% of the residents, per s37 of the Landlord & Tenant Act 1987.

This is covered in lots of threads so I suggest you search the forum well!

I wonder now how should I reply when my appeal will not be successful. How to communicate the parking company that I won't pay but in the same time still be reasonable as it might be helpful in a court case to show the judge that I tried every venue to not drag the case until hearing?

I would send them a Letter before Claim telling them if they sue you will counter claim, due to your primacy of contract granting EXCLUSIVE RIGHTS, and attaching a copy of your lease and waiting for them to show their evidence back (like a game of Top Trumps!).

pastacolg

This is all I could find about the parking in my Lease but I'll take a second look later. Ok, I'll search the forum properly.

I would send them a Letter before Claim telling them if they sue you will counter claim, due to your primacy of contract granting EXCLUSIVE RIGHTS, and attaching a copy of your lease and waiting for them to show their evidence back (like a game of Top Trumps!).

Thanks! That's good idea. I'll do that.

Le_Kirk

Having said that, Management Company regulations cannot vary the terms without the agreement of at least 75% of the residents, per s37 of the Landlord & Tenant Act 1987.

........ and not more than 10% disagreeing!

Fruitcake

What is not in the lease is just as important as what is in the lease. If there is no mention of a requirement to display a permit, and no right for a third party unregulated scammer to issue charges and/or take you to court, then your lease has primacy of contract.

You already have an unfettered right to park in your demised space and this right cannot be amended or taken away by a third a scammer who is not a party to that lease.

pastacolg

Thank you for further info.

I'm not even going to spend much energy in writing my appeal and will just let them know what I think of it and just wait for the debt collector/court letter.

I got this. Thank you again!

pastacolg

I send them my appeal last weekend and they replied asking for my full lease copy as they want to adhere to any tenants agreements.

Haha, I think they are starting to realise that going via debt recovery/CCJ route may be costly for them if they see one is not easily intimidated.

To be fair I don't have time to scan and send them my full lease terms. Aren't they fully accessible via online Land Registry service?