Received a parking charge because the parking permit slipped and was not fully visible

D_P_Dance

 are you sure I still have a legal right to park?

Of course not, only a judge can decide that.  Stop worrying, stop asking questions we cannot answer, and do a lot of research.  

Read what can happen when a scammer gets it wrong.

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

ritwolf

nosferatu1001 said:

I didnt say permit or parking
I said shared spaces
EVery AST for a flat or similar will taslk about this. Show us the AST if you cant see it yourself

I have checked again, my AST doesn't talk about shared parking spaces. Maybe it's only mentioned in the leasehold agreement that the lanlord will have. Is it worth asking him or that wouldn't apply to tenants as I have a different agreement (AST)?

D_P_Dance

 they just gave me the parking permit and added that in the inventory of the AST

ASTs do not have inventories.  Accuracy in this matters is essential, please choose your words with more care.

ritwolf

D_P_Dance said:

 they just gave me the parking permit and added that in the inventory of the AST

ASTs do not have inventories.  Accuracy in this matters is essential, please choose your words with more care.

My first tenancy agreement had an inventory, and it has since been renewed by signing ASTs. From what I've understood when I spoke to my letting agent, the inventory still applies to the AST.

ritwolf

D_P_Dance said:

 are you sure I still have a legal right to park?

Of course not, only a judge can decide that.  Stop worrying, stop asking questions we cannot answer, and do a lot of research.  

Read what can happen when a scammer gets it wrong.

Trust me, I'm spending a lot of time doing research (in fact I'd come across the article you just shared earlier this week). The reason why I'm asking (and sorry if I'm being annoying) is because I want to know if I actually have any ground if I decide to to to court. For now, I only feel as being treated unfairly as a resident, but I'm not sure that will stand in court.

Before posting, I read the Newbies thread and another forum, but I couldn't find a legal reason to go against them in this case and that's why I wanted to check with the community here as I see so many people affected.

Thank you (genuinely) for your help, even if I can't find reasons to challenge them this time I will at least write to my local MP. I feel they are taking advantage of residents and that defeats the purpose of having them managing the parking space.

D_P_Dance

(and sorry if I'm being annoying) is because I want to know if I actually have any ground if I decide to to to court. 

You do not decide if you go to court or not, they do.

As I have already told you, that is matter for a judge.  I have alerted you to the legal concept of Primacy of Contract, you must decide whether it applies in you case.  If you think it does put it in front of a judge.  Imo it is likely that it does, but without reading your AST no-one can be certain.  

You seem hesitant to take this forward. do you think that the PPC has a right to charge you £100  because a permit, which you may not need anyway, slipped from vision? 

Fruitcake

What your lease/AST does not say is just as important as what it does say.

If your lease/AST says you need to display a permit, and must pay a third party scammer if you don't display one, then you need to display one and pay the scammers if you don't display one.

If your lease/AST does not say anything about a PPC, permits, displaying a permit, paying a scammer, or court, then you do not need to display a permit or pay a scammer who is not a party to the lease/AST.

You only need to do what your lease/AST says. You do not need to do any of the things it does not say, because that list would be infinite.

I'll warrant it does not say you mustn't flush your toilet after 10 pm, or that you must stand on one leg when using the telephone, so why would you do those things?

This is what we are getting at. If your lease/AST does not require you to do something, then you do not need to do it. The parking scammers are not a party to your lease/AST so they cannot demand that you display a permit any more than I can demand that you call must refer to me as Your Worship when posting on this forum.

D_P_Dance

I'll warrant it does not say you mustn't flush your toilet after 10 pm,


Many years ago I had a lease which said that motor bikes must be kept  in the garage.  As I did not have a motorbike I asked the headlease holder for advice, I never had a reply. 

D_P_Dance

My first tenancy agreement had an inventory, 

I have been signing ASTs since 1977.  I have probably signed over 100 of them.  I have never encountered this.  .  

Le_Kirk

ritwolf said:

nosferatu1001 said:

I didnt say permit or parking
I said shared spaces
EVery AST for a flat or similar will taslk about this. Show us the AST if you cant see it yourself

I have checked again, my AST doesn't talk about shared parking spaces. Maybe it's only mentioned in the leasehold agreement that the landlord will have. Is it worth asking him or that wouldn't apply to tenants as I have a different agreement (AST)?

Might be worth checking with the landlord to see what arrangement they have - it is sometimes called a head lease.