VCS - Parked in residential bay other than own, got ticketed for "parking without valid pass" - VCS

Dingaling63_72

Hi All,

Posting this on behalf of the driver and keeper.

The driver parked in a residential bay other than their own, but in their car park and got sent through a NTK to their home address roughly 2 weeks after the alleged contravention occured. The contravention is "Parked without a valid permit"

Thing is, half if not more of the cars also in the car park have expired permits and do not get issued PCNs, whereas the keeper got one I suspect because the driver parked in a bay other than their own. Neither the management agency or VCS make efforts to renew passes, and cars have parked in their own bays for extended periods without getting PCNs. I suspect this is the owner of the space calling the parking company out specifically to ticket this car.

I'm helping them draft a message to the management agency requesting cancellation of the PCN, and am focussing on the fact that VCSs rules (parked in own bay with a valid permit) are being applied inconsistently (specifically the valid permit part) in the car park.
I'm wondering if this is the best route to go down, and if anyone has any specific tips to help out? I've tried searching the forum but I can't work out how to search for specific phrases rather than the seperate words in a phrase.

Primacy of contract won't work as the bay is explicitly named in the AST.

Thanks in advance.

MonkeyRum

Edit your post. The driver parked the vehicle.

Dingaling63_72

Done. 1 2 3 4 5

Redx

you should not be doing that , as it identifies the driver once VCS have keeper details

in parking cases, the 2 entities are different unless proven to be one ant the same

less is more

Dingaling63_72

Yes you're right, have edited to posts to reflect this.

MonkeyRum

Unfortunately, the perceived unfairness of the inconsistent ticketing is unlikely to sway anyone. It won't hurt to point that out to the managing agent but there are more fundamental issues. Why is a parking company even operating in a residential car park? Is the car park gated? How is being subject to the whims of a parking company to the benefit of the residents?

Take some time to read through the Newbies thread near the top of the forum. It is a very comprehensive guide that will explain what you need to do, when to do it, and what to expect.

https://forums.moneysavingexpert.com/discussion/4816822

Read the whole thread but also search for and read the section that starts with this.

If your case is about YOUR OWN SPACE or parking in a residents' car park as a legit visitor

If this is a fully residential car park then is the space the driver parked in subject to another lease / tenancy? The primacy of contract argument can still be argued. If you're on friendly terms with the tenant you might want to ask if they are prepared to write a witness statement, if it gets that far, saying the driver had permission.

If you are able to get a photo of the signs at the location that would be very helpful. Often times the signs in permit only locations are forbidding.

The parking prankster has a page dedicated to residential parking. The forbidding signage is described in the section "The Signage – No Offer".

https://www.parkingcowboys.co.uk/residential-parking/

NeilCr

Presumably, all the other cars without permits were parked in their own bays. You are likely correct that the bay owner called the parking company. It is highly irritating when you find someone parked in your owned space - it's happened to me in the past and occurs occasionally on this estate. It may well be the reason (whether you agree with it or not) that a PPC was introduced

As you suggest primacy of contract won't work as the bay is named in the AST

For what reason did the driver decide to park on someone else's land?

The_Deep

Did you have the permission of the leaseholder to park in the bay in which you did? If not, I cannot see how you can use "primacy of Contract" without the agreement of the other occupant.

It has happened to me on a few occasions, and I have to admit to a modicum of lawbreaking, (nothing bad, just blocking them in), a couple of times'

Dingaling63_72

Yes, the car park has a gate however I suspect the other tenant won't be willing to help seen as they're the ones who got the driver ticketed in the first place.

The driver is going back to the car park today to take photos of all the expired passes etc. I'll make sure they get a photo of the signs as well.

There are no visitor bays in the car park, meaning if someone wants to park and they don't have an available space the only thing they can do is park in somebody else's space. I was parked in our shared space, and sent the driver a text asking him to let me know when he was returning and I'll move the car. He didn't and parked in someone else's spot, and got the ticket.

nosferatu1001

The expired passes mean nothing. Stop going down that route.

Dingaling63_72

Why not? The conditions of parking say "parking in marked bays with a valid pass only" which is not being enforced properly. Either everybody gets penalised for parking with expired passes, or nobody does?
I can't get the other bay holder to write a WS saying he gave us permission to park, and I can't argue primacy because the allocated bay is explicitly named in the AST.

Seems to me like the option is: pay the reduced rate, or wait until it gets to court and the driver tries their luck but it would be unlikely to win.

Am I right?