PCN: NTK

CuddlyKittens

Hi... Whilst it probably may not have any real relevance, I figured that I'd provide some background information anyway.  I realize that my providing these details may possibly reveal, to the PPC etc., the sort of identity of the PCN.

Resident at a development.  Parking enforcement was introduced around nine or 10 years ago.  Permits were provided for residents' vehicles.  Recently moved within the development.  Asked about a new permit.  Learned that permits are no longer required and that VRMs are used in relation to bay numbers, or something like that.  Put vehicle in a bay that is not allocated to the property shortly after Christmas.  Vehicle is now poorly (non-starter, maybe the battery).  The bay is a ramp/lift with humps.  Cannot really easily and safely be pushed over the humps off of the ramp.  There is also some brake binding issue.  Probably need a tow rope or something.  They've been moaning at me for a little while.  I guess some frustrations have been caused, though I did not intend for all of this.  In recent times, however, I have had more such important things to deal with.

A letter was also received from the property management organization, basically stating that they have been notified that the vehicle is parked in the wrong space and request to park in the allocated space.  It also mentions that they have notified the "monitoring company".  "We have reported this parking breach to the monitoring company who will begin to monitor the development, should your vehicle be parked in any space which is not your own you will receive a fine from the parking company."

I thought that fines can only be imposed by courts and maybe the police.

The date of the letter from the property management people is the date after the date of the PCN's date of issue, probably not that that matters.

Anyway, there is some mention of parking in the tenancy lease agreement:

"To park in the space allocated to the Premises, if the Tenant is allocated a car parking space."

I'm not sure if the PCN is valid, nor whether it contains any erroneous information or omissions.  There appears to be some mention of the POFA 2012.

Gr1pr

Its not a fine,  doesn't even mention the word fine,  its an invoice for the alleged breach of the parking contract on that private property by J D Parking,  on behalf of the management company 

Magistrates issue fines,  nothing to do with your case, the management company should not be using that legal word 

Validity is not applicable here 

The test is enforceable or not enforceable,  in civil court

It may comply with the law named POFA 2012, depending on timescales and wording,  so its possible that the keeper may be liable 

Fruitcake

We don't know if the keeper can be held liable without knowing the date of the alleged vent and the issue date of the NTK, but the wording does appear to be PoFA compliant at a quick glance.
It doesn't really matter though in residential cases.

What does matter is what your lease/AST/property ownership/rental agreement says about parking, unregulated private parking companies, parking charge notices, paying parking charge notices, and court.
What it doesn't say is equally if not more important than what it does say.

Your residential agreement has primacy of contract over anything a third party unregulated private parking company has to say. Taking away or varying your existing rights is a derogation of grant.
If you are a leaseholder, then The Landlord and Tenants Act 1987, Part IV is relevant because a lease cannot be varied without a consultation of all landlords and tenants, and a majority in favour of changes being made.
Again, if you are a leaseholder, you should ask whoever introduced the unregulated private parking company when (not if) this consultation took place, and what was the result.

Plan A is always a complaint to the landlord and managing agent, or whoever contracted the unregulated private parking company, and your MP. 

You should also be aware that a broken down car preventing you from complying with parking terms would be classed as a frustration of contract.

CuddlyKittens

Fruitcake said:

We don't know if the keeper can be held liable without knowing the date of the alleged vent and the issue date of the NTK, but the wording does appear to be PoFA compliant at a quick glance.
It doesn't really matter though in residential cases.

The date of the "incident" printed in the NTK is February 7, and its issue date is February 13.  Physical receipt of the NTK was February 18.

Fruitcake said:

What does matter is what your lease/AST/property ownership/rental agreement says about parking, unregulated private parking companies, parking charge notices, paying parking charge notices, and court.

What it doesn't say is equally if not more important than what it does say.

In relation to vehicles, parking, etc., the AST agreement doesn't state a great deal, other than:

"9.23 Vehicles and Conveyances
9.23.1 To park private vehicle(s) only at the Premises.
9.23.2 To park in the space allocated to the Premises, if the Tenant is allocated a car parking space.
9.23.3 To park in the garage or the driveway to the Premises if applicable.
9.23.4 To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the Tenant, their family, contractors or visitors.
9.23.5 To remove all vehicles belonging to the Tenant, their family or visitors at the end of the Tenancy.
9.23.6 Not to park any vehicle at the Premises that is not in road worthy condition and fully taxed.
9.23.7 Not to bring any motorbike, scooter, or bicycle into any residential part of the Premises. Not to charge any
batteries overnight or when unattended."

Fruitcake said:

Plan A is always a complaint to the landlord and managing agent, or whoever contracted the unregulated private parking company, and your MP. 

You should also be aware that a broken down car preventing you from complying with parking terms would be classed as a frustration of contract.

Unfortunately, I think it is highly unlikely that they are going to want to help in any way whatsoever.  My impressions of them currently aren't good.

Basically, the AST agreement itself is with someone who is from another part of the world, in the Middle East.  There is someone, based locally, who is supposed to 'manage' the property on their behalf, yet they only seem to be concerned about £££.  My satellite box isn't receiving a signal and they don't want to pay a call-out fee, saying that I would have to do that.  Of course, the problem could be communal.  That issue is on hold for now, I suppose.  Then, on Christmas Eve, the kitchen hob decided to stop working.  Contacted the person who, after an exchange of messages, directed me to contact the manufacturer, Lamona, apparently a Howdens brand.  I could tell that he had simply pasted a Google suggested search, ("How do I contacted Lamona warranty?  Having problems?  Call our helpline on xxxxx or request a call back.  I wasn't sure why he was directing the tenant to do this and, as one can imagine, I was annoyed.  I decided to contact the manufacturer, expecting to be asked for serial numbers etc.  Instead more than one advisor on different days asked me for the postcode.  They mentioned that they couldn't see any registered appliances and asked for the Howdens invoice number.  Pah, there are stickers on both the hob and top oven door stating to register within 90 days for three years etc., maybe extending a two year manufacturer's guarantee.  So, he eventually provided me with an invoice number.  I haven't done anything with it, and am continuing to use a portable hob that arrived shortly after Christmas.

Before the start of the tenancy, payment covering the security deposit/first month's rent was sent to the bank details provided by the letting agent.  As I had seen that the sorting code printed in the AST for rent payments was the same as the one that the deposit/first month's rent was sent to, I presumed what I presumed, not cross-checking the account number, and made the second payment.  A few days later, the person who is supposed to be managing the property called me asking about the rent.  Since learned that the monthly payments are going to an account that's in his name.  The AST doesn't provide the name of the account holder.  I presume he's then sending however much to the person in the ME.  I guess that's legal.

A few weeks ago, the person 'managing' contacted me, calling several times over a three-day period.  The calls went unreturned because of how I was feeling about things (no satellite signal and a faulty hob that he clearly doesn't seem to care about).  A message was eventually sent.  It was about my car.  I need to get the car moved [and fixed], I know that.  Been having a stressful time of late, with the more pressing issues that life throws at us.

As the letter from the property management people states, "We have reported this parking breach to the monitoring company who will begin to monitor the development, should your vehicle be parked in any space which is not your own you will receive a fine from the parking company," I wouldn't be surprised if another NTK may already be on its way.  My initial guess was that the people who have been moaning at me (concierge etc.) contacted the property management company who then reported whatever they reported to the parking company.  I think my perception of their stating "monitoring company" is the parking company.

I have an email address, contact number and address for the person in Qatar, although I doubt that he's going to care either.  Oh, things were so much better for me when I had an agent who was managing on behalf of the owner, at the previously rented property.

When I moved to this new one a few months ago, I decided to send an email message to introduce myself and raise one or two things.  Minutes later, my phone started ringing.  VM left.  Returned it.  It was a nice conversation so those first impressions were positive.  I think it was then that I began to learn that the property is managed by someone based in the UK.  I have since sent an email to the person in Qatar.  I think that was back in December - yes, it was a few days before Christmas.  I highlighted several points, that I added to the inventory.  I haven't received any response.  Maybe the message was overlooked, or it was filtered into a junk/spam folder.  I may look to make further contact with the person whom I have the AST agreement with, not least about some of the issues within the property.

Sorry for the length of this.

Thank you for all responses received thus far.

Fruitcake

As I said in my previous post, what your lease doesn't say is equally or more important than what it does say.

There is no mention of an unregulated private parking company, nor any action that can be taken by such a company. Your lease has primacy of contract over the unregulated parking company's made up parking terms that most definitely do not apply to you because they are not mentioned in your lease.

Do contact your MP and complain that you are being harassed by an unregulated parking company who are demanding money with menaces.

Move the car to your own space when possible. There may be other residents, or local help groups who can assist with this. 

Coupon-mad

You can ignore JD Parking Consultants but do move the car into your bay (use 'skates' if it cannot drive there).

CuddlyKittens

Fruitcake said:

Do contact your MP and complain that you are being harassed by an unregulated parking company who are demanding money with menaces.

I may do this.

Coupon-mad said:

You can ignore JD Parking Consultants but do move the car into your bay (use 'skates' if it cannot drive there).

Oh, really?  Hmm, so I suppose an initial appeal does not need to be entered.

Are they unlikely to send a LBCCC/LBC/LBA?

Nellymoser

Motorists need Govt to act NOW to control the private parking industry's unfair practices.

Please sign the petition linked in the post below, encourage family, friends and work colleagues to do the same. Once your signature is confirmed use the shown link to 'Contact your MP to let them know you have signed this petition'. MP support is needed to force the Govt to act. 🙏

https://forums.moneysavingexpert.com/discussion/comment/81195013/#Comment_81195013

Coupon-mad

CuddlyKittens said:

Fruitcake said:

Do contact your MP and complain that you are being harassed by an unregulated parking company who are demanding money with menaces.

I may do this.

Coupon-mad said:

You can ignore JD Parking Consultants but do move the car into your bay (use 'skates' if it cannot drive there).

Oh, really?  Hmm, so I suppose an initial appeal does not need to be entered.

Are they unlikely to send a LBCCC/LBC/LBA?

If they do, then it can be disputed.