Resident parking fine - HA won’t show authority!

eggfromnorth

Hi all,

I’m recently rented a property and parked at the address, since receiving two PCNs from UKCPM, despite having successfully applied and paid for a parking permit.

Timeline of Events:

• 28th February – Successfully applied and paid for a permit through UKCPM for parking on estate

• 1st March - Tenancy begins 

• 7th March – First PCN issued 

• 11th March – Second PCN issued

• During this period – My physical permit had not yet arrived due to UKCPM’s processing delays.

• UKCPM issued a temporary permit, but it fell off my dashboard and admittedly during that time I had NO valid permit displayed, which led to the fines.

• Contacted Southern Housing (the landowner), saying they have the authority to cancel the fines.

• 21st March – A representative from Southern Housing said they would raise this with UKCPM and update me within 5 working days.

• No update was received, so I followed up.

• 27th March – Southern Housing responded with the following email:

According to UKCPM, they could not see the PCNs as they were only able to search by PCN number or vehicle registration. However, I sent them the reference numbers and I’m still waiting for an update.

UKCPM advised that when you paid for the permit, you would have received an exemption code to cover you while waiting for your permit to arrive. If you didn’t display this, then you would be liable to receive PCNs.

UKCPM has not confirmed if the fines will be cancelled. I will update you by the end of this week or as soon as I get a response.

Meanwhile, both fines have increased to £100 each due to non-payment.

My concern is how can I instruct Southern Housing to follow through and cancel the PCNs, given they are actually legitimate and I did not have a valid permit displayed during that time? 

Any advice appreciated, thanks. 

Fruitcake

They are not fines.

What does your lease/AST/property rental agreement say about parking, permits, unregulated private parking companies, PCNs, paying PCNs, and court? This will have primacy of contract over anything a third party unregulated company has to say.
What your lease etcetera doesn't say is equally important.

If there is no requirement in your lease etcetera to display a permit, then you should opt out of the scheme. Indeed, you should never have opted in nor paid for a permit if that is the case.

You should also get your landlord and your MP involved.

eggfromnorth

Hi, thanks very much for your reply - noted that these are not fines. 

Here's what my AST says regarding parking:

"15. Cars and Parking
15.1. To park a private vehicle only at the Property.
15.2. To park in the car parking space, garage or driveway allocated to the Property, if applicable.
15.3. 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, his family, contractors or visitors.
15.4. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
15.5. Not to park any vehicle at the Property that is not in road worthy condition and fully taxed."

So no mention of permit and as you say, I imagine this therefore trumps any scheme. I will reiterate this Southern Housing but also appreciate this is something I should have been aware of before I opted in by purchasing a permit. 

I will also contact my MP and try and get hold of my landlord (it's through a letting agency who have been reluctant to get involved in parking since I first enquired about whether it's available, makes me wonder why!).

But would you agree that hammering the HA now and reiterating that they are the landowner and have the authority to cancel the PCNs (regardless of what UKCPM say) is the best route of action here? 

Coupon-mad

I would wait and see what SH come back with. Their response so far looks positive.