Motorcycle Permit Display

trashedteen

Discovered my motorcycle had a parking ticket loosely put on a wet seat and would have fallen off but for the fact I noticed it 1 hour after it was issued. 

The car park is for a building in which I live and is enforced by a company "One Parking Solution". The reason my permit was not displayed is because there is no easy place to display one. I have tried in the past by wrapping it in cling film and celotaping it to the windscreen but the rain washed it away and destroyed the permit and I had to apply for a new one.

I'm already fighting one fine. Am I bang to rights here for not displaying a ticket or do I have a case to appeal?

As I said, the parking ticket was placed on a wet seat and therefore not fixed at all. Can I ask to see there pictures before admitting liability?

UncleThomasCobley

You don't admit any liability. What exactly does your AST/lease say about parking? What it doesn't say is equally important. Does it say that you must display a permit to park in your own parking space? Does it mention parking permits at all? Does it say you must pay a third party that is not party to your AST/lease £100 every time they decide to charge you?

You are not "bang to rights" and you should answer the questions above so that you can get the proper advice. You won't be paying a penny if you follow the advice.

trashedteen

To clarify, I was parked in a visitor bay. 

There are 3 signs in the car park, 1 of which is obscured by bins. It says "Parking permitted for - Vehicles fully and clearly displaying a valid OPS Parking Permit in the front windscreen whilst fully parked within the confines of a marked bay to which the permit entitles."

UncleThomasCobley

I could erect a sign that says "Parking permitted only for blue cars on Wednesdays". It does not matter what the signs say if your AST/lease has supremacy of contract. Check your AST/lease as advised and tell us what it does and does not say about parking.

trashedteen

Right so managed to dig out the lease, under the section "Use of Parking Space" it says:

"The right to the exclusive use of the parking space for the purpose of parking private motor vehicles PROVIDED THAT the landlord may at any time up to one year before the expiry of the Perpetuity Period serve notice on the tenant to vary alter relocate or otherwise close up the parking space as it may in its absolute discretion require to facilitate development of any land adjoining or neighbouring the estate PROVIDED THAT reasonable alternative and no less materially commodious provision for the parking of a private motor vehicle belonging to the tenant is made elsewhere within the estate or land adjoining or neighbouring the same and in that event such alternative provision for the parking of a private motor vehicle as aforesaid shall become the parking space for the purposes of this lease" 

And another section titled "Parking Space" says:

"Not to use the parking space other than for the parking of taxed and roadworthy private motor vehicles"

Only other mention of vehicles is:

"Each tenant shall procure that no motor car or other vehicle belonging to him or to his servants licensees or visitors or under his or their control shall whilst on the estate:

Travel at excessive speed

Travel on or remain on any footpath or grass verge 

Be parked or remain stationary except temporarily in an approved parking space"

Can't see any mention of a permit anywhere in the lease. 

UncleThomasCobley

trashedteen said:

Can't see any mention of a permit anywhere in the lease. 

So... do you think that your lease has "primacy of contract"? In effect, the landlord of the property has allowed a third party, unregulated private parking company to come on to the land, stick up a few signs and start charging you for disregarding those signs.

Maybe I should come along and put some signs up stating that anyone parking a car that is not blue on a Wednesday owes me a £100, discounted to £60 if paid within 28 days. Does that seem reasonable?

Unless the landlord had the lease altered according to the Landlord and Tenant Act 1987, Section 37 5(a) or (b), you have primacy of contract. If you ever did display a permit, it would have been out of courtesy, not obligation.

https://www.legislation.gov.uk/ukpga/1987/31/section/37

So, perhaps it is time to activate Plan A and complain to the landlord/management company and also write to your MP and get them involved with your new found knowledge about "primacy of contract".

trashedteen

Thanks for the info. I have done a bit of research on Primacy of Contract and it all makes sense. 

I'm assuming I need to appeal the ticket now as per their appeals process, would appreciate any advice with that. As mentioned, I am currently in the process of fighting another parking ticket in a different place and it's gone on for so long I'm not sure I have the patience for another battle, but then again I guess this is what these companies prey on. 

I've had a look and can't find much, is there a draft appeal quoting the primacy of contract I can use anywhere?

UncleThomasCobley

Have you tried Plan A yet? Complain to the landowner? Have you written to your MP and asked to intervene in this outrageous scam?

Plan B will be an appeal to the intellectually malnourished One Parking Solutions if Plan A fails. Plan C will be an appeal to POPLA if Plan B fails. Plan D will be a judge deciding whether you owe a debt to OPS.

There are plenty of claims where primacy of contract has won and you can search the forum. However, that would not be your only defence if this ever reached Plan D. Have you read the Newbies/FAQ thread yet?

Coupon-mad

The words 'exclusive use' means exactly that.  You should have opted out of the permit scheme years ago because your bay is yours by EXCLUSIVE right.