Parking charge notice from UKPC for parking in residential parking without permit.

davie185

I did have a permit but I stupidly threw it away. So I let the landlord know and in the meantime, I found somewhere else to park. The landlord then let me know a permit had been ordered and said I could put a note on my windscreen in the meantime. So I did this, and for several days, no ticket, and I'm pretty sure the car park is checked daily. Then all of a sudden, last Thursday, I found I had received a ticket. 

Just wondering what is my best course of action here? I know these companies usually don't care even if you give a reasonable appeal like I believe I have, I mean I do actually live in the apartment number parking space that I was parked in, and had a note to say a new permit had been ordered, and the parking attendant must have seen my car parked there many times in the past unless they're totally new. 

Is it better if I simply wait for a letter to come to the registered address of the car, then don't admit to being the driver and also refuse to identify who the driver was, rather than explaining what I have above? Thanks

Coupon-mad

As it's UKPC appeal it on day 25 (you will know why from when you read the NEWBIES thread).

Appeal as keeper.

DO NOT IMPLY WHO PARKED.

Tell them that the permit was lost and a new one ordered and the family (NOT 'I') was told by the landlord in possession that the car could be parked with a note until the new physical permit arrived, which of course was coming from UKPC who should have added the VRM to the white list, not rushed over with a ticket.

Attach proof (the permit or tenancy agreement).

They'll offer to settle at £20 which is the best you'll get unless you want to see them in court.  Not winnable at POPLA.

Don't use the appeal template in this case. The point of the above is to elicit the £20 settlement we've seen them do before.

D_P_Dance

I did have a permit but I stupidly threw it away.

In my opinion, you woud have been stupid to use it.   What does your T say about permits?  Read the newbies, other threads, google "primacy of contract" and , these fora, and consider complaining 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

Half_way

davie185 said:

I did have a permit but I stupidly threw it away. So I let the landlord know and in the meantime, I found somewhere else to park. The landlord then let me know a permit had been ordered and said I could put a note on my windscreen in the meantime. So I did this, and for several days, no ticket, and I'm pretty sure the car park is checked daily. Then all of a sudden, last Thursday, I found I had received a ticket. 

Just wondering what is my best course of action here? I know these companies usually don't care even if you give a reasonable appeal like I believe I have, I mean I do actually live in the apartment number parking space that I was parked in, and had a note to say a new permit had been ordered, and the parking attendant must have seen my car parked there many times in the past unless they're totally new. 

Is it better if I simply wait for a letter to come to the registered address of the car, then don't admit to being the driver and also refuse to identify who the driver was, rather than explaining what I have above? Thanks

Picking up from follow up thread...

 Why do you need a permit? what your next course of action should be is this : check the rental/lease agreement immediately, this is critical.

 Odds on it will give you the right to use the space associated with property, from there you will tell Rupert to !!!!!!  off and shove his permit up his backside  and then ask him to pay you for the inconvenience that his scummy company has caused you

davie185

Started another thread but putting update here instead for continuity: 

I received a reply yesterday. They have asked me to confirm the identity and address of the driver. They also said to provide them with the parking permit (I have of course since received the replacement so I can do that). 

They say 'failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided'.

Just looking for advice on how to respond. Of course happy to send a copy of the permit, do I also identify myself as being the driver?

davie185

Half_way said:

davie185 said:

I did have a permit but I stupidly threw it away. So I let the landlord know and in the meantime, I found somewhere else to park. The landlord then let me know a permit had been ordered and said I could put a note on my windscreen in the meantime. So I did this, and for several days, no ticket, and I'm pretty sure the car park is checked daily. Then all of a sudden, last Thursday, I found I had received a ticket. 

Just wondering what is my best course of action here? I know these companies usually don't care even if you give a reasonable appeal like I believe I have, I mean I do actually live in the apartment number parking space that I was parked in, and had a note to say a new permit had been ordered, and the parking attendant must have seen my car parked there many times in the past unless they're totally new. 

Is it better if I simply wait for a letter to come to the registered address of the car, then don't admit to being the driver and also refuse to identify who the driver was, rather than explaining what I have above? Thanks

Picking up from follow up thread...

 Why do you need a permit? what your next course of action should be is this : check the rental/lease agreement immediately, this is critical.

 Odds on it will give you the right to use the space associated with property, from there you will tell Rupert to !!!!!!  off and shove his permit up his backside  and then ask him to pay you for the inconvenience that his scummy company has caused you

It's a multistorey car park for an apartment block I live in, and permit is required to park in the car park. 

I will check the rental agreement later (need to dash now) and I can see where you're coming from - but does that actually help my case? Couldn't UKPC just say 'well it doesn't matter what it says in your rental agreement, you need a permit to park here so if it doesn't say that in your rental agreement that's your landlord's fault and you should take it up with them'? I mean I don't know either way but just asking for clarity. 

Half_way

How to respond, as previous ... check the rental/lease agreement immediately, this is critical.

Once you have done that please report back here - this is not a fine

Do not try and ID the driver, do not provide them with anything .

 Do not respond until you have checked the rental/lease aggreement to see what if anything it says about parking .

 do not send any copys of any permits

Coupon-mad

Of course no saying who was driving.

Just email them back with the permit.  As I said before, this was/is the plan:

Attach proof (the permit or tenancy agreement).
They'll offer to settle at £20 which is the best you'll get unless you want to see them in court.  Not winnable at POPLA.
Don't use the appeal template in this case. 

The point of the above is to elicit the £20 settlement we've seen them do before.

Trainerman

They say 'failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided'

Which seems to prove that whatever you say, they have made their minds(!) up already

D_P_Dance

I very much doubt that this will get to court.  If it does they are very lokely to struggle.

Google and absord "primacy of contract".  Also read this

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

davie185

Half_way said:

How to respond, as previous ... check the rental/lease agreement immediately, this is critical.

Once you have done that please report back here - this is not a fine

Do not try and ID the driver, do not provide them with anything .

 Do not respond until you have checked the rental/lease aggreement to see what if anything it says about parking .

 do not send any copys of any permits

I've checked the agreement I have with my landlord, and it is vague just says this:

10.5 Not to keep park or store any unlicensed or un-roadworthy vehicle or caravan or moveable dwelling or any

commercial vehicle on any part of the Property or within the boundary of any communal area unless the Landlord

or Landlord's Agent shall have given his prior written consent.

10.6 In the event of a vehicle being kept at the Property, it will only be parked in any allocated space provided (if

any). Any such vehicles will be removed at the end of the tenancy and any damage or oil spills will be repaired by

the Tenant.

But they will of course have a lease agreement with the company who manage/own the building. I've emailed landlord about this but don't know when (if ever) they will get back to me regarding it. And I'm guessing it's their agreement that's the important one, not the one I have with the landlord?