Allocated parking space- five tickets issued to resident

Holtzmann84

Thank you in advance for your thoughts- and thank you for maintaining such a comprehensive forum! 
I live in an estate with a private, gated car park that requires a fob to access. I am the owner of my flat (75% via shared ownership)I have an allocated parking space- and two permits (one which has my numberplate on it, the other is for any vehicle to park in the space). Recently I left my car in my space for two weeks without using it at all, not noticing that my permit was no longer displaying on the dashboard, and came back to four PCNs on my windscreen- which had been issued every few days over the two week period. I then received a fifth via post a few days later (this one states it is the NTK). 

I did appeal the four windscreen PCNs online (the company is parking charge management) before seeing in the forum that it's better not to do this. I was acting fast as the first two tickets were already over two weeks old, or about to be, and I was panicking about all the fines going up from £60 to £100. I referenced the fact that I was parking in my own space so effectively they would know from that that I was the driver as well as the keeper. Of course those appeals have been rejected- I received four letters in the post about this (none of them are labelled NTK or similar). The fifth one I followed the advised steps about using the template to appeal- specifically not referencing myself as the driver- but did also upload evidence of the permit/s etc. I am waiting for the inevitable rejection letter from that one!

I have contacted my housing association, who are the land owners/managers, and made a complaint- asking them to intercede on my behalf with PCM- they are going to do this, but I think I can assume it probably won't work.

We have always had parking permits, but the system was more sloppily managed previously- but PCM just overhauled it and issued these new permits to everyone in July (including the ones that are specific to numberplates), and I think installed new signage in the car park. So it seems to be part of a drive to clamp down on parking. I have checked my apartment lease and it just stipulates that there should be no unauthorised parking (parking in a space not already allocated to your flat) and that only fully taxed and roadworthy vehicles can be parked in allocated parking spaces. There is no mention of anything else, including penalties that may be issued or any other companies/contractors involved. The lease is general and doesn't actually state that there is a parking space allocated to this flat- as I think they use the same wording for all their developments- and not all of them offer an allocated parking space for each property- though mine does. I have emails that confirm in writing that this space number is allocated specifically to me as part of my ownership lease.

I have read through as much of the newbies stuff as I can, but I'm sorry if I'm asking obvious questions here- am I on the right track here to more successfully challenge/appeal? Of course the letter PCM sent with the new permits in July says it is my responsibility to make sure my permit is clearly displayed, and it was not- but at the same time it is my private space, and me parking there without a permit displayed has not inconvenienced anyone or cost them money. It would be absurd for me to have to pay £500 for parking in my own space. And it terms of challenging this, would that be on the grounds of primacy of contract (I've been reading through the 'Own apartment parking fine' thread by Nell22)? Or hope that they somehow don't send the NTKs for the four windscreen tickets in time or some similar admin fail (I am not that optimistic about this as they seem to have followed the other steps fairly promptly, and included the 'correct' info on the signage and paperwork)? The fact the lease reads so generically concerns me a little. 

The next step they have laid out is either to pay the reduced cost of £60 per ticket, or to appeal via the IAS.

Thank you for your thoughts...

Le_Kirk

Suggest you read some more "own space" cases on here.  You are correct in that the parking company has no right to override your "primacy of contract" via your lease/rent agreement and in fact are trespassing in your space and trying to run a business.

Trainerman

You state that the lease is general and does not say that there is an allocated space for you. Yet, you say that there is, so I assume that there  must be some paperwork somewhere that  speaks of your allocated space. I would find that and see how it helps

D_P_Dance

Read these, read pther "own space" threads, and complain to your MP

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

(I am not that optimistic about this as they seem to have followed the other steps fairly promp

amvo33

I had a similar situation, it’s taken me 8 months from receiving the PCN in Feb to finally having it cancelled yesterday. Your lease wording is key, if there is no mention of displaying a permit or third party contractual terms apply, the PCN cannot be issued & the housing association / management company should intervene on your behalf - they should also know the terms of the lease but often they don’t. My mgt co wouldn’t help until I left a 1 star trust pilot review & then they took it seriously.  I also contacted the Lease Advisory Service who were really helpful & I’m happy to share the info they provided me. Don’t be fobbed off - persevere & complain if you have to. You should not pay - these parking companies rely on people not understanding leases & using intimidating language to get you to pay.

D_P_Dance

Good advice.   

...  the housing association / management company should intervene on your behalf - 

Unfortunately they rarely do, in most cases they side with the scammer.  

Holtzmann84

Thanks everyone so much for your comments. Interestingly I have now heard back from my property manager- they did contact PCM who have now offered a compromise where I pay the first two tickets at the reduced rate (£60 each), and they will cancel the other three. I have until Monday to pay the cheaper cost. I'm in two minds about this as I don't believe I should have to pay anything- but also don't want to spend months or even years involving myself in a lengthy bureaucratic process, which may well end with me having to pay £500, or potentially even more. If this is the best result the management company can get it might be better than going down the court route.

1505grandad

"...the company is parking charge management..."

Can you clarify the full correct name of the ppc?

Holtzmann84

Sorry, that was a typo in my first post- it should say 'parking control management' 

leonj

If they issued a permit specifically for your car, then they have a record that your car with your reg is allowed to park there.  Sounds like a big misunderstanding to me

amvo33

Do not pay them the reduced amount, that is ridiculous! You have a right to park your car as per the terms of your lease.  Your property management company should also know the terms of your lease.  You are basically handing them £120 as a gift.  It took me 8 months to sort mine out under very similar circumstances but you should be able to get this resolved quicker as you at least have your property mgt co involved.  You need to make a formal complaint via your property management company and do not pay a penny.