We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Friend got PCN for using my designated parking spot without permit.
Options

anonymous_poor_lady
Posts: 13 Forumite

Hi there,
First, I checked previous posts regarding PCN for people in a similar situation. Still, I couldn't find anything that matched my case. I apologise in advance if I made a mistake.
My situation is as follows:
- I'm a tenant in a block of flats, my rent includes one specific parking spot.
- A friend came over to visit for some days, and he forgot to display the permit I gave him. He got three different PCNs on his window for three consecutive days without the permit (100 pounds each, 60 if paid in advance).
- The company that manages the parking is UK Parking Patrol office.
- The parking notice explicitly says, "Parking is restricted to vehicles displaying a valid parking patrol permit".
- In my tenancy agreement, there is nothing regarding the need of a permit, the only mention of a parking spot is the following: "The Tenant has exclusive use of parking bay number [XX] for the duration of the Tenancy."
- I tried talking to the building manager, and they said there is nothing they can do since he didn't display the permit.
How should we appeal to this one? I am worried since my friend is not in the tenancy agreement, so I'm not sure I should be the one to appeal or if he should? Can someone please advise?
Thanks a lot!
0
Comments
-
You have exclusive use of a parking space, with no restrictions or derogation of grant applicable. You can therefore authorise another person to use your space as you see fit, as long as it does not breach terms of your lease.
Your friend should send the appeal template in blue text as per the NEWBIES, unaltered from The Keeper, save for a one liner stating that both the keeper and river had express permission to park in accordance with the leaseholders tenancy agreement.
One appeal for each PCN.
You should complain that your rights to use the parking space are being hindered and breached by the parking company, and the managing agent for allowing a breach of your rental terms, and a derogation of grant.
You have a right to use the space, and this cannot be altered or removed by an unregulated parking company that were not a party to your lease/rental agreement.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks3 -
Thinking about this further, since your property rental agreement includes payment for the exclusive use of a parking space, that makes you the lawful landholder of parking space number XX.
You should provide a statement to your friend stating the above, and informing the PPC that you gave express permission in accordance with your lease/AST/property rental agreement (delete as appropriate) for the registered keeper named NNNNNN to use your parking space number XX at "location"
for the three specific dates on the PCNs.
As lawful landholder you require the PPC to cancel all PCNs issued to *named person* with VRM ********.
You should send a separate letter to the PPC informing them as lawful landholder of space number XX at "location" you are instructing them to add your VRM to an exemption list, you never agreed to a permit scheme on your demised property, and in future they should contact you at "address" before issuing PCNs on vehicles parked in your demised parking space in accordance with good car park management practice to ensure genuine motorists with permission to park are not targeted.
Inform them that you hereby remove any implied rights of access to your demised property, and instruct them to cease and desist any and all for profit business on said property.
You could if you wish add that since a reputable company would have checked beforehand before commencing parking operations on your demised property, you assume they will have been provided with a copy of the terms and conditions applicable to residents' parking at "location" but in this instance seem to have overlooked your existing rights as per "property rental agreement" number and date granting you exclusive rights to park on your own space.
Complain to your managing agent as above, stating that they, or whoever contract the parking company, has breached your rental agreement, and give them all the evidence, also telling them to instruct their agent, for whom they are jointly and severally responsible, to cease and desist operating a for-profit business on your demised property.
Your property rental agreement might prohibit you from operating a business form your own space, so if it does, mention that as well in your complaint as it means the MA is permitting a further breach of your agreement.
I advise all of this because UKPPO are very litigious and this could well up in court (where I'm sure you would want to be a witness for your friend) and you could end up in court as well if you got a PCN because person or persons unknown had bounced up and down on your car to deliberately dislodge your permit that you are not actually required to display.
You might want to enrol the help of other residents in getting the excesses unregulated parking companies curbed. Companies referred to as rogues, scammers, and bloodsuckers by UK MPs across all parties.
I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks3 -
Inform them that you hereby remove any implied rights of access to your demised property, and instruct them to cease and desist any and all for prophet profit business on said property.
Maybe change this!
2 -
Le_Kirk said:Inform them that you hereby remove any implied rights of access to your demised property, and instruct them to cease and desist any and all for prophet profit business on said property.
Maybe change this!
Shame on me for not proof reading.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks3 -
It was the nasty unscrupulous spill chucker! I like your auto-carrot!2
-
I would appeal in your name to all 3 PCNs, giving your name and address and attaching proof that your tenancy agreement grants ‘exclusive use’ of that bay. Tell the PPC that the word ‘exclusive’ has already been tested at appeal before HHJ Saffman at Leeds Court, UKPC v McCarthy where the parking firm’s barrister lost and was given short shrift for trying to argue that exclusive could be demeaned to a lesser meaning.Do not say that you are neither the driver nor keeper. Leave that hanging. If the online appeals page demands to know, then instead POST YOUR APPEAL to all as a letter, headed up with all 3 PCN refs and the car registration, and take the letter to a PO Counter and get (and keep) a free ‘certificate of posting’. Do that well before 21 days has passed, do it today if possible.
That way you hook the cases to you, but have the perfect defence in 2 ways later on, if they ever try court. Not being the keeper or driver means you can’t be liable in any applicable law. Also having ‘exclusive use’ granted to you, allows you to dictate who can park there and excludes any PPC trying to make a fast buck.The ONLY risk you’d run is if you move house you MUST tell the PPC your new address until 6 years is up. You cannot move house and assume they won’t try a small claim behind your back. Also, keep a full copy of that tenancy agreement in a way that can’t be lost within 6 years as that is your evidence.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Fruitcake said:You have exclusive use of a parking space, with no restrictions or derogation of grant applicable. You can therefore authorise another person to use your space as you see fit, as long as it does not breach terms of your lease.
Your friend should send the appeal template in blue text as per the NEWBIES, unaltered from The Keeper, save for a one liner stating that both the keeper and river had express permission to park in accordance with the leaseholders tenancy agreement.
One appeal for each PCN.
You should complain that your rights to use the parking space are being hindered and breached by the parking company, and the managing agent for allowing a breach of your rental terms, and a derogation of grant.
You have a right to use the space, and this cannot be altered or removed by an unregulated parking company that were not a party to your lease/rental agreement.Thanks so much for the advice!One of the PCNs has also been written with less than 24 hours from the others. Can he also use that in his case? Is there a limit per day?0 -
Read my reply. No point him appealing, do it in your name for all the reasons I explained.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Coupon-mad said:Read my reply. No point him appealing, do it in your name for all the reasons I explained.
The appeal online form has the field "Are you the Driver or Keeper?", but it lets me choose "none of the above", so I think that should be okay, right?0 -
anonymous_poor_lady said:Coupon-mad said:Read my reply. No point him appealing, do it in your name for all the reasons I explained.
The appeal online form has the field "Are you the Driver or Keeper?", but it lets me choose "none of the above", so I think that should be okay, right?
Yes, that should do nicely.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks1
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards