Resident's Permit Fell Down, Received PCN - Advice on NTK Appeal

B789

You still haven't answered the question. What does your Tenancy Agreement or Lease say or not say about parking? You must take note of this issue.

Qaribbean

B789 said:

You still haven't answered the question. What does your Tenancy Agreement or Lease say or not say about parking? You must take note of this issue.

Nothing beyond:

"Parking: Parking included in the rent." 



It's literally just an additional clause on the TA that states the above line.

It's just referencing the cost of paying for the parking permit - there are plenty of homeowners on the development who bought a "parking space"/permit with their property but have no vehicle so they rent the permit out to residents who need it.

Any thoughts on how this impacts my defence (if at all)?

  

Galloglass

Displaying a tampered/copied/unreadable permit hence invalidating the permit.

What do the signs say. From the wording, it seems like a "supplementary" condition they've added as an afterthought. Is there any reference to that phrase or anything like that phrase on the signs. 

Coupon-mad

"Parking: Parking included in the rent."  

Lovely: so you are already contracting with the landlord for parking, with no caveats at all, so any third party can't also offer you 'parking' on different terms (effectively £100 per day). 

The reason being, the unsolicited and unwanted PPC - signs or no signs - are unable to offer anything of value to you.  Unfettered parking rights are something you already pay for in your rent.

Therefore the elements of a contract are absent: there is a lack of 'consideration' (an offer of value).  Therefore no contract.

B789

Qaribbean said:

Nothing beyond:

"Parking: Parking included in the rent." 

It's literally just an additional clause on the TA that states the above line.

As mentioned earlier and replied to by @Coupon-mad and @Galloglass, it is just as important what it DOESN'T mention as what it does mention.

Mouse007

Qaribbean said:

Nothing beyond:

"Parking: Parking included in the rent." 



It's literally just an additional clause on the TA that states the above line.

It's just referencing the cost of paying for the parking permit - there are plenty of homeowners on the development who bought a "parking space"/permit with their property but have no vehicle so they rent the permit out to residents who need it.

Any thoughts on how this impacts my defence (if at all)?

  

Think about these questions:

Why are you paying for a parking permit when parking is included in the rent?

Why are you displaying a permit if you are not required to do so by your lease?

Your lease is your contract - it allows you to park, so why is someone else trying to charge you for breaking another set of rules?

Qaribbean

Appreciate all the responses here, definitely not the usual way motorists think of these things!

Had a swift response from them by letter this morning, any thoughts?



I'm not sure if true about the signage stating retrospective evidence of authority to park will not be accepted, I'll need to go and get a good look at the sign.

They've clearly decided that they want to conduct their process and are ignoring my offer for court immediately.

Coupon-mad

Fine, let them play their games.

Qaribbean

Qaribbean said:

I'm not sure if true about the signage stating retrospective evidence of authority to park will not be accepted, I'll need to go and get a good look at the sign.

Just came back to follow up that I got a pic of the signage, it’s the same through the car park.

KeithP

It does say on that sign...