PCN notice for parking in my own space at a rented property

Ben191197

As mentioned in the title, I received a PCN for parking in my own allocated parking bay at the flat which I rent. Things were fine until a few months ago until VCS rolled in and started requiring permits for parking. Apparently one person complained that someone else was parking in their space and so it became a thing.

I had a permit on display for a few months at which point I got a new car and had to get a replacement permit. The permit arrived and I had no way of putting it on the windscreen, so placed it on the dashboard for a couple of days while I sorted it out. It slipped down the dashboard and became partially obscured. So yes, my fault. They've supplied picture evidence of this where you can see the permit, but that it's half covered up by the bottom of my windscreen..

Anyway, they sent me a PCN, followed by a demand letter, followed by a final demand, all of which only arrived in the last week and are all way past the deadline....

So - I'm writing up a complaint based on what I've read in the newbies guide and some other similar complaints I've seen, but I could do with a bit of advice. Not sure if I've hit all the right points and mentioned the right things. In particular I'm not sure how to address the fact that I had a permit on display but that it wasn't clear, and was a temporary circumstance that was quickly fixed:

Dear Vehicle Control Services Ltd,

Re PCN {num}:

I dispute your 'parking charge', as the keeper of the vehicle {reg}. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions by the keeper and no assumptions can be drawn. Since your PCN is a vague template, I require a more thorough explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

The keeper rejects that you have authority to issue these invoices on the bay where the vehicle was parked, as the parking bay is assigned by the landlord to the keeper and tenant of the property, and the parking bay is clearly labelled with the property number. Furthermore, the keeper maintains that any necessary permit was displayed on the vehicle.

Neither the landowner nor the keeper have signed any document that allows you to access the lands, and I revoke any permission you think you have. This furthermore constitutes an act of trespass on this private property and any further pursuance of this charge will result in a claim of harassment being sought against Vehicle Control Services Ltd.

I trust that this now clarifies the situation regarding the above matter and look forward to receiving your written confirmation of cancellation by return for this charge. As any permission to issue parking charges has been revoked, please now ensure that my registration number is noted on your list so that no further parking charges are issued.

Should you fail to cancel this charge and reject this appeal on the legal points listed above, then by all means commence with your next proceedings and face the legal consequences of any further action against you.

Yours faithfully,

The keeper

Coupon-mad

That's not a complaint, it's an appeal and it won't work.  However, you'd win in court later, and it looks far more reasonable when you dispute these scummy PCNs.

Plan A is landowner complaint (managing agent).

Mouse007

It looks like you have done some research which is good. I presume you are therefore aware of the Primacy of Contract issue at play and that no contract can exist.

You choice of words suggest (to me) that you are not quite lined up with the technical arguments which need to be fired back.

I wouldn't bother with keeper liability arguements, I would be asserting my right to park in my space - bog off.

Personally I wouldn’t request a copy of the sign or close up photos. The sign, whatever it says, is irrelevant. You already had the right to park. You won’t be denying parking.

I wouldn’t refer to a “necessary permit”. That suggest some legitimacy to their actions and claim. You might have displayed a permit out of courtesy but were and remain under no obligation to do so.

If they haven’t been given permission then there is nothing to revoke.

While these may appear picky points, it will matter a lot later on if you end up in court like I did (student son’s residential parking and permit display). We won.

Ben191197

Coupon-mad said:

That's not a complaint, it's an appeal and it won't work.  However, you'd win in court later, and it looks far more reasonable when you dispute these scummy PCNs.

Plan A is landowner complaint (managing agent).

I see, thanks for the advice. So the best option now is to send a complaint to the management of the building I live in? Is there any advice as to how I should outline this complaint? Presumably disputing it based on the facts I outlined before? i.e. that I was parked in my own labelled parking bay outside where I live, that I had a permit on display and that not displaying it correctly was accidental, that it's private land and could be deemed trespassing/harassment etc?

Mouse007

Ben191197 said:

Is there any advice as to how I should outline this complaint?

Google derogation of grant and then include that in your complaint to the landowner.

Coupon-mad

Ben191197 said:

Coupon-mad said:

That's not a complaint, it's an appeal and it won't work.  However, you'd win in court later, and it looks far more reasonable when you dispute these scummy PCNs.

Plan A is landowner complaint (managing agent).

I see, thanks for the advice. So the best option now is to send a complaint to the management of the building I live in? Is there any advice as to how I should outline this complaint? 

Yes, it's already in the NEWBIES thread.

Ben191197

Mouse007 said:

Ben191197 said:

Is there any advice as to how I should outline this complaint?

Google derogation of grant and then include that in your complaint to the landowner.

Got it, so in my complaint to the building management I should outline it similar to how I have (bearing in mind your suggestions you made above), state that they were trespassing and under no contract to do so, as well as say that they are failing to provide derogation of grant?

Also - if I am to complain to the landowner, where exactly does it go from there? Should I be expecting the building management to act upon it and if they do, where do I stand with VCS and their constant letters and demands?

Coupon-mad

You don't seem to have read the thread all all bout Successful complaints about PPCs yet, which is why I advised you to go back to the NEWBIES thread (where it is linked).  I wasn't fobbing you off.  It's exactly what you should have been reading.

Mouse007

Ben191197 said:

... as well as say that they are failing to provide derogation of grant?

Not quite, you're close but not in line.

By bringing in the private parking company they are in breach of your contract (tenancy agreement). They have taken away some of the rights you had under that contract. That is a derogation of grant - not a failure to provide a derogation of grant.

You are looking at the right stuff (and in a good place for top notch advice) but need to spend a little bit more time getting your head around it all. Stay with us and we will get you there.

 

Fruitcake

In addition to your complaint to the landowner and managing agent, you should also complain to your MP. 

You should also look up the Landlord and Tenant Act 1987, then ask the MA (or whoever employed the PPC) when the mandatory ballot of all landlords and tenants in accordance with Part IV, Section 37 of this Act was carried out, and what was the result of said ballot.
Point out that without a majority in favour, the MA have no right to vary your lease. 

Also point out that they, the MA, are responsible for the actions of their agents and are jointly and severally liable. Ask then to supply the names and contact details of their legal representatives, and the names and contact details of the people who will act as their witnesses should this matter go to court. Tell them to bear in mind that VCS are part of the unregulated private parking industry referred to as rogues, scammers, and bloodsuckers by MPs across all parties, and that this company is extremely litigious taking hundreds and hundreds of motorists to court every year, dragging down the people who contract them in the process. 

Ben191197

Coupon-mad said:

You don't seem to have read the thread all all bout Successful complaints about PPCs yet, which is why I advised you to go back to the NEWBIES thread (where it is linked).  I wasn't fobbing you off.  It's exactly what you should have been reading.

Thanks, I've been back and re-read and realised I was misinterpreting some things the first time round!