Carers forgot to Display Parking Permit on my allocated Parking Bay

lilly2025

Hello everyone.

I have received three private PCN tickets for parking outside my property without displaying the parking permit.

I live in a residential property with an allocated parking bay.

The vehicle is a Motability vehicle for my disabled son and has multiple carers driving it.

The parking tickets were issued while I was abroad, when the carers either forgot to display the parking permit or my child removed it from the dashboard. The parking permit is not fixed to the vehicle because, due to my son's disability, the parking spot needs to be flexible to accommodate another vehicle as required.

I made an appeal to IAS, and it was rejected.

I did not mention any of the details above and simply wrote the letter below, thinking it was sufficient.

I am appealing this PCN under primacy of contract. 

Find attached my tenancy agreement. As part of my tenancy agreement it confirms under point 3.28 that I have the right to park in my rented bay. It does not state I need to display a parking permit to park there.

I have the right to park as the space comes from my tenancy agreement, which has primacy over Countrywides parking rules. 

In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant’s right to park by requiring a permit to park.

The signs provided my countrywide parking are to make non residents and for those who do not have the right to park to be made aware

I have also learnt now about a £20 offer and this was never offered to me. I am not sure if this is because I did not show picture of my permit as I though showing my tenancy agreement would have been higher level of evidence for my right to park on the bay.

As the IAS have rejected my appeal what are my options?

Half_way

do not pay them a penny. 
you need to get onto whoever hired /allowed them onto the land. 
if you pay them you risk losing the rights to your parking space. 
them them on more words if you like to shove their permits up to heir backsides as you have only been displaying as a courtesy and not as an obligation

Car1980

The tenancy agreement is irrelevant. That's just a contract between you and the landlord.

You need the LEASE.

Ask the landlord or another owner-occupier in the development to see one.

The lease will let you know whether the leaseholder (and tenants by extension) has exclusive rights over the space or not.

lilly2025

Car1980 said:

The tenancy agreement is irrelevant. That's just a contract between you and the landlord.

You need the LEASE.

Ask the landlord or another owner-occupier in the development to see one.

The lease will let you know whether the leaseholder (and tenants by extension) has exclusive rights over the space or not.

The problem I have here is, it's council residential property with no owners. Not sure where to start on how I can obtain the lease or if it's even available?

twopenny

Always worth fighting.
Go to the council offices, find out who you need and see them if possible. If not write clear letter stating your need and why accompanied by photocopies of documents and correspondence addressed to the person and dept and ask for a quick reply.

Is there a rule in the t&c of the permit that it has to be displayed?
I seem to remember with parking tickets and blue badge that they have to be displayed or you're fair game.

Brie

When you talk to the council do mention (repeatedly) that the permit is for your disabled child and that to make things more difficult then they already are may be a breach of disability legislation and therefore constitute discrimination.  

Some council bureaucrats will take more notice if they think they may get in to trouble for breaking a law.

Car1980

lilly2025 said:

Car1980 said:

The tenancy agreement is irrelevant. That's just a contract between you and the landlord.

You need the LEASE.

Ask the landlord or another owner-occupier in the development to see one.

The lease will let you know whether the leaseholder (and tenants by extension) has exclusive rights over the space or not.

The problem I have here is, it's council residential property with no owners. Not sure where to start on how I can obtain the lease or if it's even available?

Ah, in that case I apologise. If the tenancy agreement is between you and the land/freehold owner directly, as opposed to a private landlord in a leasehold flat, it holds a lot more weight.

There probably isn't even a lease if the council own both the land and bricks.

How was the permit scheme introduced to you?

Ignore the IAS kangaroo court. Out of interest, how did they respond to the tenancy agreement clause?

Coupon-mad

lilly2025 said:

Hello everyone.

I have received three private PCN tickets for parking outside my property without displaying the parking permit.

I live in a residential property with an allocated parking bay.

The vehicle is a Motability vehicle for my disabled son and has multiple carers driving it.

The parking tickets were issued while I was abroad, when the carers either forgot to display the parking permit or my child removed it from the dashboard. The parking permit is not fixed to the vehicle because, due to my son's disability, the parking spot needs to be flexible to accommodate another vehicle as required.

I made an appeal to IAS, and it was rejected.

I did not mention any of the details above and simply wrote the letter below, thinking it was sufficient.

I am appealing this PCN under primacy of contract. 

Find attached my tenancy agreement. As part of my tenancy agreement it confirms under point 3.28 that I have the right to park in my rented bay. It does not state I need to display a parking permit to park there.

I have the right to park as the space comes from my tenancy agreement, which has primacy over Countrywides parking rules. 

In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant’s right to park by requiring a permit to park.

The signs provided my countrywide parking are to make non residents and for those who do not have the right to park to be made aware

I have also learnt now about a £20 offer and this was never offered to me. I am not sure if this is because I did not show picture of my permit as I though showing my tenancy agreement would have been higher level of evidence for my right to park on the bay.

As the IAS have rejected my appeal what are my options?

Please show the IAS result here:

https://forums.moneysavingexpert.com/discussion/6627117/ias-decisions-2025-onwards-until-we-hope-they-are-banned/p1