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Total car parks PCN for resident

I live in a block of flats where total car parks have ownership of some of the spaces. I have a resident space but at the time a non-resident was in my space as it is not clearly signposted not to park there unless you are a resident. I used a different space in the car park and I have been sent a PCN which i appealed and it was rejected. My parking space is part of my tenancy and Total car parks is saying they don’t monitor resident spaces and because i used one of their spaces, i should have paid. But if my space was in use by some random car, what else am i supposed to do? Surely i’m a paying resident and i pay my rent which has the space included in the tenancy, it should be on the car parking company to know which vehicles are resident and if their space is occupied by someone else due to their poor signage, i should not have to pay for another space. 
What is the deal with not paying a PCN, it’s a civil not criminal matter right? So what’s worse case that will happen? 

Comments

  • Nellymoser
    Nellymoser Posts: 1,854 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 4 November at 2:50PM
    I thought the point of residential parking management was to ensure residents were able to park in their own spaces. Clearly not if TCP don't monitor who's parked in residents spaces.
    What is the deal with not paying a PCN it’s a civil not criminal matter right?
    Yes it is a civil matter. They may file a Claim against you via MCOL.

    So what’s worse case that will happen? 
    IMO probably a CCJ by default because you didn't know about a court claim or you failed to respond to the claim within the stated timeframes. Important you tell TCP if you move house until they confirm pcn is cancelled.

    The most common thing that happens if a defence is filed is that cases are discontinued just before the claimant needs to pay the hearing fees.
    Read the NEWBIES Announcement thread and search/read other residential threads.
  • Coupon-mad
    Coupon-mad Posts: 155,985 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I live in a block of flats where total car parks have ownership of some of the spaces. I have a resident space but at the time a non-resident was in my space as it is not clearly signposted not to park there unless you are a resident. I used a different space in the car park and I have been sent a PCN which i appealed and it was rejected. My parking space is part of my tenancy and Total car parks is saying they don’t monitor resident spaces and because i used one of their spaces, i should have paid. But if my space was in use by some random car, what else am i supposed to do? Surely i’m a paying resident and i pay my rent which has the space included in the tenancy, it should be on the car parking company to know which vehicles are resident and if their space is occupied by someone else due to their poor signage, i should not have to pay for another space. 
    What is the deal with not paying a PCN, it’s a civil not criminal matter right? So what’s worse case that will happen? 
    Ignore them now and come back if you get a claim form in a year or so. Easy to defend.

    Tell them if you move house (I would never live where there is a scam permit scheme in the car park. Would not even have looked at the property).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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