Fine whilst parked to charge

bambam2025

Apologies I didn't respond to this. I have attached the bit on parking. It is an AST. However we were told verbally when moving in that we (tenants) will need parking permits to use the parking spaces, we will need to apply and pay for a permit, each flat is entitled to A parking space only if the application is successful; each year you are required to reapply for a space and pay if your application is successful. I have done this each year for years since I moved in.

bambam2025

doubledotcom said:

You've not answered the all important question of what does your lease/AST say about parking? Equally important is what it doesn't say about parking.

So, tell us precisely what the terms in your lease say about parking.

Parking of vehicles (21)
Not to park or cause to be parked any vehicle on the Premises or on any land belonging to us except in defined parking areas and only in the manner permitted or required by us in accordance with any regulations or by-laws, but not such as to cause nuisance or obstruction.

Not to park any untaxed or derelict vehicle on the Premises or on any land belonging to us.
 You should seek our permission to keep any vehicle at the Premises subject to a SORN (Statutory Off-Road Notice).

Not to park caravans, motor homes or other vehicles including any heavy plant, trailers or boats on the Premises or on any paved areas around the Premises without getting our written permission beforehand.
 If you do this without our permission, we may come onto the Premises and take the items away. If we do this, you will have to pay any expenses we run up removing, storing and disposing of the items.

Not to block any fire access points and keep them clear of vehicles at all times.

We may remove vehicles belonging to you parked or left in breach of this Agreement from its owned land and recover the cost of doing so from you.

Coupon-mad

bambam2025 said:

I am a newbie and I will need some advice please.

I live in an estate where we pay to have an annual parking permit. There are charging bays in the estate but not enough for all EV's. The EV charges are dual so can charge 2 cars at once. The EV bays are next to a pavement.

I recieved a PCN fine from PCM for parking partly on the pavement to charge my car. 

My car was plugged and charging at the time. This happened because other residents parked their non EV cars in the charging bay at the time which meant the only way I could charge my car was to park on a pavement so my charging cable can get to the EV charge point.

I have now been issued a ticket for "parked within a restricted area ". Is this something I can appeal and if so how do I go about this please? I had and have a valid annual parking permit on display at the time this ticket was issued.

bambam2025 said:

 I have attached the bit on parking. It is an AST.

However we were told verbally when moving in that we (tenants) will need parking permits to use the parking spaces, we will need to apply and pay for a permit, each flat is entitled to A parking space only if the application is successful; each year you are required to reapply for a space and pay if your application is successful.

I have done this each year for years since I moved in.

Parking of vehicles (21) 
Not to park or cause to be parked any vehicle on the Premises or on any land belonging to us except in defined parking areas and only in the manner permitted or required by us in accordance with any regulations or by-laws, but not such as to cause nuisance or obstruction.

Not to park any untaxed or derelict vehicle on the Premises or on any land belonging to us.
 You should seek our permission to keep any vehicle at the Premises subject to a SORN (Statutory Off-Road Notice).

Not to park caravans, motor homes or other vehicles including any heavy plant, trailers or boats on the Premises or on any paved areas around the Premises without getting our written permission beforehand.
 If you do this without our permission, we may come onto the Premises and take the items away. If we do this, you will have to pay any expenses we run up removing, storing and disposing of the items.

Not to block any fire access points and keep them clear of vehicles at all times.

We may remove vehicles belonging to you parked or left in breach of this Agreement from its owned land and recover the cost of doing so from you.

But you were using a dual EV charger, so you were merely accessing it.

Personally, I would never never even look at a flat where PCM or any parking firm signs are up. 'Such estates are blighted; always a trap. So-called 'permit schemes'' on private land are unwanted scams that invariably target residents and your visitors.

Apart from the annual fee that you really should not be paying at your own home, PCM don''t make any money at all unless they find a way to penalise you all.

What stage are you at now, remind us? Just about to ignore thd daft £170 threatograms?

Obviously you MUST email to tell them when you move flat to a place without a scammer.  You must keep your address updated with both the DVLA and PCM because you can't risk missing seeing a claim form if one comes next year or later.

From the sign it looks like PCM have deliberately or negligently set EV owners up for a fall because the EV bays are presumably not numbered with the numbers in the sign that require a permit, and there is no term that says 'EVs bays for use by EVs, only when charging'.

So those bays are a free for all and caused the displacement.

There's no appeal system worth trying though - IAS is a kangaroo court. So sit tight and look for a new flat with parking but no PPC. There are loads everywhere. All these places need is a gate/key fob access. Not an ex-clamper who was outed in Watchdog:

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html?m=1

bambam2025

I only found out about the PCM and annual car park fees after we had signed contracts and was moving in on the day as it was a new build. There were no signposts on the estate when we went for the viewing.

I am just at the stage where my appeal was rejected (last friday). I have forwarded their appeal response to the land owners today and waiting for a response.

Not sure i want to go down the IAS route as per the PCM’S letter but dont mind doing so if I am advised by forumites here. Its an uncharted territory for me so learning as I go along.

Coupon-mad

But there was no appeal.

They lied. Look at the Watchdog blog link.

Ignore like everyone here does. And complain to the managing agents that the lack of a term or numbering system for the EV bays makes them free for ICE vehicles.

bambam2025

Coupon-mad said:

But there was no appeal.

They lied. Look at the Watchdog blog link.

Ignore like everyone here does. And complain to the managing agents that the lack of a term or numbering system for the EV bays makes them free for ICE vehicles.

Do you mind sharing the link please? Thank you

Coupon-mad

Errr... I did.

doubledotcom

So your lease is silent on any requirement to display a permit or be bound to third party private parking firm. What your lease Doesn't say about parking is equally important as to what it does say.

You can either be low-hanging fruit on the gullible tree and be intimidated into paying out of ignorance and fear or you can accept advice on how to defend a claim against a resident with a contractual right to park.

Your tenancy agreement contains no clause requiring you to display a permit, no clause requiring you to comply with any private parking scheme, and no clause authorising a third-party parking company to levy charges against you for using your own space.

Under basic principles of landlord and tenant law, including the Landlord and Tenant Acts, a landlord cannot unilaterally change the terms of a residential tenancy by making a private side agreement with a third party. Any variation of the tenancy terms would require either a specific variation mechanism in the tenancy itself, a new agreement which you sign, or the use of a formal statutory procedure. None of that has happened here. There has been no variation of your tenancy, no fresh agreement, and no statutory process. Your tenancy terms therefore remain exactly as originally granted: No obligation to display a permit or to contract with PCMUK.

bambam2025

thanky you doubledotcom and coupon- mad and everyone who has advised and shared knowledge. I will update the thread if anything changes