PPS PCN - Parked in my own space

genestrone

Spoke with the solicitor today and sent over all the relevant links (thank you all).

It doesn't look promising as the AST has no real mention of parking (see earlier image) which leaves it down to the permit I have and signage around the car park, of which there is a sufficient amount.  It looks like this case doesn't have legs unfortunately.

Jenni_D

I'm sure someone mentioned this earlier, but what an AST doesn't say is equally as important as what it does. Does the AST require you to have a permit for parking? Does it even mention it?

genestrone

Jenni_D said:

I'm sure someone mentioned this earlier, but what an AST doesn't say is equally as important as what it does. Does the AST require you to have a permit for parking? Does it even mention it?

That's all there is in the AST.

Le_Kirk

genestrone said:

Jenni_D said:

I'm sure someone mentioned this earlier, but what an AST doesn't say is equally as important as what it does. Does the AST require you to have a permit for parking? Does it even mention it?

That's all there is in the AST.

It does NOT state that you have to have a permit, it does NOT state that you agree to pay more (PCNs or scamvoices), you are already paying £100 PCM.  Why is you solicitor not all over this, presume you are paying for good advice?

Coupon-mad

genestrone said:

Jenni_D said:

I'm sure someone mentioned this earlier, but what an AST doesn't say is equally as important as what it does. Does the AST require you to have a permit for parking? Does it even mention it?

That's all there is in the AST.

Did you solicitor miss this?  My God, it's clear you rent a parking space exclusively for £100 pcm and have primacy of contract over that space.

This is total rubbish!

It doesn't look promising as the AST has no real mention of parking (see earlier image) which leaves it down to the permit I have and signage around the car park, of which there is a sufficient amount.  It looks like this case doesn't have legs unfortuna

Fruitcake

It looks like you need to find a different solicitor who can actually read, understand,  and correctly interpret your existing rights.

nosferatu1001

Bloody hell, that solicitor of yours is rubbish then
Your AST epxlicitly states 
- allocated parking space
- rental price
- no allowance for anyone else to have rights over that space
While it does not mentio9n the word "exclusive" it is, to all intents, excluive

genestrone

Hi all.  It turns out he had missed this statement regarding parking.  After pointing it out he says we definitely have a case.  I've requested from the agent the contract the landlord has regarding parking, as the landlords lease has zero mention of parking whatsoever.  I'll keep you all posted.

Coupon-mad

Don't forget to charge the parking firm for your costs in resolving this - i.e. ask your solicitor to send a Letter before Claim once it's sorted and to start a claim for you to get the wasted costs back, because this conduct is clearly unreasonable and the parking firm should never have issued a PCN in that bay or obtained DVLA data (if they did).   Oh yes and you've previously paid 2 of these so your solicitor must demand that money back too, as it was obtained under false pretences and you never had cause to pay it.

The point of us encouraging you to use a solicitor re this one, isn't intended to leave you out of pocket,  Your case is unusual and well worth a robust response to stop this harassment, state your case re primacy of contract,  forbid the scammers from trespassing on your land in future and reclaiming your wasted costs.  That'll show the Managing Agent.

KeithP

nosferatu1001 said:

While it does not mentio9n the word "exclusive" it is, to all intents, excluive

That's definitely true.

The OP told us earlier:

genestrone said:

I'd like to also add.  My parking space is a dedicated space just for me, which even has its own bollard with key that only I have access to!