PCN FOR NOT DISPLAYING PERMIT IN OWN ALLOCATED BAY

UnfairCharges

PCN/Invoice was issued whilst vehicle was parked in the allocated bay for their household, This is directly outside the RK's house. Resident permit was in the vehicle, but not on display in the windscreen. Signage on opposite side of street gives T&Cs for parking, which includes displaying valid resident's permit in the windscreen. Signage adjacent to the bay of RK and the 3 bays alongside says to see other signs throughout for full T&Cs.

PCN was found attached to the windscreen, RK details presumably not requested from DVLA as of yet. RK has not yet submitted any appeal up until now.

Scans of the front (redacted) and rear of windscreen PCN are attached.

UnfairCharges

Any assistance or advice would be appreciated

MrJenkinsEsq

Not a valid notice to driver under pofa. Don't identify the driver to them in any correspondence.

Para 7(2)(a) - no period of parking specified. "That which immediately precedes the time of issue" is a moment in time, not a period.

Para 7(2)(e) - creditor not identified. PCM named as issuer and payee only; nothing says who is entitled to recover.

yarpsnehpets

Normal advice is to wait for the NtK to arrive as the operator will likely screw that aspect up.

Are you the leaseholder or is this rented? What does the lease say about parking?

SacredStephan

It's illegal for them to only offer an 0845 number for payment. What's the £1 admin fee for?

UnfairCharges

https://forums.moneysavingexpert.com/discussion/comment/82136253#Comment_82136253

Thanks for the response.

When you put in PCN reference on their website it does include photos allegedly captured over an 12 minute period.

Do I need to appeal yet?

or

Is it best to let it progress, as in wait for NTK in the post?

UnfairCharges

https://forums.moneysavingexpert.com/discussion/comment/82136269#Comment_82136269

Ok will hold off for NTK.

It is rented accommodation. The agreement states the following, "Where a patrolled parking scheme is in operation, a parking permit needs to be displayed in your vehicle at all times. Failing to do this may result in a fine."

Obviously a fine can't be issued by a private parking company, so not sure whether that is worth a mention.

Car1980

Correct, but that isn't the lease.

UnfairCharges

https://forums.moneysavingexpert.com/discussion/comment/82136353#Comment_82136353

It is the text within the tenancy agreement for a social housing property. That is the only documentation/information relating to the parking conditions I am aware of, aside of any signage.

MrJenkinsEsq

A tenancy can narrow the rights in the lease. It can't make you liable to the monetary demands of a third party, or even to the landlord. The remedies for breaching your tenancy can't be arbitrary sums. Your obligation to display a permit runs with the landlord not the parking company.

https://forums.moneysavingexpert.com/discussion/comment/82126622#Comment_82126622

UnfairCharges

https://forums.moneysavingexpert.com/discussion/comment/82136417#Comment_82136417

I have already purchased the title register and title plan for my property, which is a house, owned by the housing association, the plan does not include the parking bay. According to a separate title register, the bay appears to be part of the land that seems to be owned by the developer that originally built the housing development. The title plan for that is not available online.