Landlord has given invalid permit and wrong information about car park

McL1357

Hi,

I've recently moved into (23/09/21, and today's date is 27/10/21) a new flat, and once I arrived, I texted my landlord to ask about parking. He said that the permit was inside the property, and I can park anywhere in the car park, but have to display the permit as the attendants are quite aggressive. I have displayed the permit every day.

I bumped into a parking attendant this morning, who told me that I've been collecting tickets (he's personally given me 2, but other attendants may have given me more). He said the parking permit was too old, and I've been parking in spots reserved for other properties. These spots weren't signed, so I had no way of knowing which spots belonged to what property.

I've attached the only parking sign (there are a few copies, but they all say the same thing).

Who's liable, and who should I appeal to? My landlord, or UKCPS (who are an ATA member).

Fruitcake

Complain to your landlord, landowner, and managing agent if there is one.

What does your lease/AST/property rental agreement say about parking, permits, parking companies, parking charges, and court? What it doesn't say is just as important.
This has primacy of contract over anything the parking company who are not a party to your agreement has to say.

Move out as soon as you can. I am serious. Nobody should ever live where these unregulated, unscrupulous parking companies infest a residential site.

If the charges aren't cancelled, then appeal to the PPC as per the template in blue text from the first post of the NEBIES sticky Announcement.

Complain to your MP.

D_P_Dance

Never mind what the landlord says, what does your AST say?   Read  these, google "primacy of contract, read other "own space" threads,   and complain to your MP.

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

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

Coupon-mad

It's only UKCPS and if they can't be arsed to actually put PCNs on windscreens because this rogue industry likes to lurk and take photos then run away, then how the heck would you know the permit is 'out of date'?

UKCPS are liable, it's no-one else's fault if they provided the permits and they have no expiry date on them.  

Do you realise all the notices will have gone to your old address?  Whichever address your car was (still is?) registered to.

So you need to go pick them up and set up Post Office redirection like people used to, in my day!

You will have to write to tedious old UKCPS and tell them your correct address.  Or email their data privacy address if they provide one on their privacy page.  Tell them to ERASE your old address.

Get the car's DVLA address updated online tonight but that won't be seen by UKCPS yet.

So you will also have to collect post again next week and the week after (just in case) from the old address to gather all their toilet paper  together to futilely go thru the motions of appeal.  See the NEWBIES thread.

Provide a photo of the permit as evidence and put UKCPS to proof that the permit was somehow out of date, given it was provided by the leasehold flat owner and therefore IS permission to park, for their tenant.  The landlord has primacy of contract and you have his rights but this is not going to easily go away.

These firms are predatory and greedy.  Not to be paid.  You'd win if they tried a small claim and UKCPS hardly ever do.  No risk as long as EVERY PCN gets changed to your new address so you don't miss any post at all. 

Futilely repeat the same appeal and evidence at IAS (see NEWBIES thread).

No parking there AT ALL until you get a 'new' permit.  You'd be safer on street or paying and displaying somewhere.

NO PAYING, no phoning them and it isn't a fine.

You can't ignore these though and must try to kill each and every PCN by 'appeal' and NOT PAY EVEN IF THE SELF-SERVING 'APPEAL' DOESN'T WORK.

You must collect that post as each private 'charge' has a useless 21 days to futilely appeal to the ex clampers.

NONE OF US WOULD HABE MOVED IN THERE.  SO SORRY, BUT CAR OWNER RESIDENTS ARE THE TARGETS OF THESE SCUM FIRMS.  YOUR LIFE WILL BE A MISERY EVEN WHEN YOU GET A PERMIT AS THESE EX-CLAMPER FIRMS TRY EVERY TRICK IN THE BOOK.

This will take up inordinate amounts of time and you will never feel safe to park.  It will ruin your peaceful enjoyment if this flat and will likely drive you away.  Next time avoid any flat with a PPC infesting it.

KeithP

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Johnersh

FYI That signage doesn't permit them to issue tickets for parking in "incorrect bays" at all. 

They may be able to issue tickets for failure to display valid permits, but if they failed to provide you (or, more accurately, the landlord) with a new one, that is their failure and renders their own contract impossible to perform.

In fact, it permits a PCN to be issued for merely driving onto the land without a permit. Are they issuing a £100 PCN to postie each morning? Basically on day 1 that wording engineered a breach.

Even if you had spotted the issue and phoned for a permit (and that might be impossible to spot if there is no expiry date), assuming say 3 working days for them to dispatch it, you'd already have incurred £300 of fines.

In short it's time to issue an exhortation to leave.... 

McL1357

Thanks so much for all the responses - I've taken it all into account! Will collect all the PCNs they've sent to me, and go from there!

Jenni_D

Johnersh said:

In short it's time to issue an exhortation to leave.... 

Would that exhortation take the form of the response in Arkell v. Pressdram?