PCN for not displaying a Valid Parking Permit

Luth

Hi everyone!

I am new to the forum, and I have checked newbie FAQ, but still have some questions.

My story is simple, we have moved out from our old place, and we rented a flat. We haven't been informed by agency , or in flat lease contract about requirement to displaying parking permit holder. Recently me and my miss received letter from Debt Recovery Plus, about "unpaid Parking Charge Notice" for "not displaying a valid permit".
Parking charge date is for 3 months ago, and in letter is written that address for Registered Keeper have been contacted but because no response, they utilised tracking service, and received our actual address ( We have changed address on driving licence, but because it is our first car, we didn't know, that we have to send V5 to DVLA for update as well ).

I have called creditor, which is UK Car Park Management, to ask about any other PCN. Women told me there is 6... and 4 of them is already with Debt Recovery Plus. I tell her, that keeper of vehicle is not a driver, but I didn't give my details, as I was told to fill a form through their website to take responsibility on me. Also after receiving paper from DRP, I have ordered parking permit through UKCPM website.

As you understand I have got bit upset about it, because there wasn't any information about it before we rented flat. I have spend last night reading and checking on this forum how to deal with such situation, but I want to be sure, that I am doing it right, that's why I am creating this thread.

As this is my first official contact from them I assuming that this letter is Notice to the keeper. My question is, should I appeal only for the parking charge notice I have on paper from DRP or should I appeal for all of them I know about, because I asked for charge notice numbers.
I have find template in FAQ, so I am only waiting for advice about appeals.

Le_Kirk

You should contact your landlord/agency and ask them to get it cancelled as they clearly failed in their duty to inform you of the parking circumstances.

Luth

I have contacted agency through email. Lady working there told me to call her. I have explain whole situation, and she told me she will try to sorted out this thing.

20 minutes later, she send me email that she spoke to the developers and confirmed that resident permit required. Told me to go to UKCPM website and order a permit, which i did before she mention it.

She also spoke to the Site Manager of our place and he said to her, to email him your tickets and in this circumstance, he will try his hardest to get these tickets revoked.
After I send email to that, He reply my with this: "I can advise that the decision to implement a Parking Management system lies with the freeholder/developer for the site in order to prevent misuse of the dedicated that were allocated when the site opened. Each resident should, I believe, have an allocated parking bay and in order to use it they need to display a permit that can be purchased via the UK CPM website. Please note that there are signs across the site which confirm the rules in operation for monitoring parking at the site. Unfortunately, you would need to take the matter of not being informed about an allocated space and permit with your Leaseholder or the letting agent who deals with the property, as Red Rock do not manage the allocation of spaces.

Problem is that on letter it is written that if they not receive payment until 26/12/2019, further recovery action will take place.

Redx

too late to do anything about it now

you have two choices

1) pay up , in full

or

2) fight it in civil court within 6 years


check the terms of the lease, because it will or may mention your parking rules (or not)

Luth

That is what is written in my contract about parking.

15. Cars and Parking
15.1. To park a private vehicle only at the Property.
15.2. To park in the car parking space, garage or driveway allocated to the Property, if applicable.
15.3. To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of
any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
15.4. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
15.5. Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.

Half_way

The terms you posted are quite clear, there is no requirement to display a permit any more so than you need a permit to use the lavtory after 10pm.


You need to get onto the site manager ( managing company?) and inform them of this , as well as telling them that any parkign tickets issued must be cancelled and their agents must cease processing your personal data for the purposes of issuing parking charge notices.

As stated you have a pre exisiting right to use the space, and this can not be taken away by a third party, particularly an unregulated pakring company.
If you have been displaying a permit, then this will be under no obligation,and only as a courtesy to the parking attendant.
Whoever alloed the parking company to operate could alo be held liable for the actions of their agents, so if the pakring company has accessed your data without just cause- that is they hvent carried out adequate checks to see if they can actualy operate in that land ( your space) then the managing agents could be looking at the wrong end of a GDPR breach.


You should also, out of courtesy let the site manager and managing company know of this thread, by sending them this link: https://forums.moneysavingexpert.com/discussion/6084807/pcn-for-not-displaying-a-valid-parking-permit

Coupon-mad

Luth wrote: »

Problem is that on letter it is written that if they not receive payment until 26/12/2019, further recovery action will take place.

Not a problem. Who cares about the scammers' fake deadlines? Get the PCN cancelled and no worrying about paying or 'recovery action'. It's another letter. No-on comes knocking!

If you can't get this cancelled by the landowner, it will go to court where 99% of posters here win. No CCJ, no risk, nothing bad! In fact it's quite an enjoyable experience at your local court, very interesting to see off a scam PPC and see how the court works.

The_Deep

Please read this,

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.[/FONT]

Luth

Thanks, to all of you for help!

Merry Christmas ^^