Unfair Resident Parking Permit PCN Advice

FOBF_1

1505grandad said:

As Above  -  FYI:-

Even the latest unregulated CoP (soon to be replaced by a proper regulated PPCoP by the Government) recognise/acknowledge  this scam:-

THE SINGLE CODE OF PRACTICE

14

Relationship with landowner 

NOTE 3: Particular care is needed to establish appropriate contractual terms, including the application of parking terms and conditions, in respect of controlled land where leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a requirement on the resident of an apartment block to display a permit to park in contravention of their rights under their lease, or to ensure that free parking periods do not breach planning consents.

Thanks for sharing this is extremely useful. Especially since they are part of the BPA!

Car1980

Seems to be some confusion here.

The tenancy agreement is between you and the landlord or lettings agent and is mostly irrelevant because it doesn't involve the parking company, and any quibbles would be between you and the landlord e.g. if it said there were no parking restrictions but you are receiving charges you'd be in a dispute with only whoever signed the tenancy agreement.

You need the LEASE of the flat. Ask the landlord, or find another owner-occupier in the development. Put a notice asking for a copy from someone in the lift or on the noticeboard.

jd576

FOBF_1 said:

Perfect, that's good to know. I'll start putting together a series of cases that I can cite. 

• K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011 (this one is binding)
• Pace v Mr N [2016] C6GF14F0
• Link Parking v Ms P [2016] C7GF50J7
• Jopson v Homeguard [2016] B9GF0A9E

https://www.parkingcowboys.co.uk/residential-parking/

Coupon-mad

This trumps most other case law as this is recent from the CoA:

https://gatehouselaw.co.uk/duchess-of-bedford-house-trm-co-ltd-v-campden-hill-gate-ltd-2023-ewca-civ-1470/