PCN in residence car park where I live - England

Fluffy_example2861

So recently my property manager changed from one company to another. The new company sent a letter telling us that our residents parking permits would need to be updated, and after a certain date (I don’t have the letter to hand but will update when I can get it) we would be fined if we didn’t have a new permit.

They asked us to send an email requesting a new permit by fri the 18th of sept. I travel for work so I got back on the 18th after working hours. As such my request wasn’t processed until the following Monday.

A few weeks go by and I don’t receive the new permit. I get home from travelling from work to find that I’ve been issued a PCN for parking in the residence car park after the aforementioned date.

I email the property management agency who inform me that they essentially forgot to send me the permit despite confirming receipt of my original email and they refuse to contact capitolcarpark on my behalf, saying it’s my fault for parking in the car park.

My question is, am I bang to rights here? I did violate the date in the initial letter sent but are those conditions not there to prevent those who aren’t residence from parking there? Would the fact that the management agency forgot to send the permit make a difference? Street parking would’ve cost me £170 for a years permit. And a ringo bay would’ve cost more.

Another bit of information is that the PCN letter does not show the lack of a displayed permit. It only shows the rear of my car. If all else fails is it worth appealing on these grounds? Or will they have a picture of my windshield aswell?

Umkomaas

Or will they have a picture of my windshield aswell?

Their website should show all photos they have of your vehicle. Have a look there and let us know.

James_Poisson

There is no "fine" and you are not "bang to rights" the idiots from the management company have caused all this right from engaging a scam company to pretend to manage the parking, they don't they scam people out of money.

The management company should be protecting your interests, and the parking company are there to protect your parking spot from outsiders not to penalise legitimate users.

This is also a "material change" as covered by the joint COP no PCN's should be issued for the first four months of the new company taking over:

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.

Fluffy_example2861

https://forums.moneysavingexpert.com/discussion/comment/82189584#Comment_82189584

Ah thank you, I wasn’t aware of that. They do indeed have photos of my windshield with my old permit and not the new one.

Fluffy_example2861

https://forums.moneysavingexpert.com/discussion/comment/82189596#Comment_82189596

Interesting to know this. There were no such notices displayed and I was only made aware that the property management company had changed because I went to renew my old parking permit and was sign posted to the new company, who informed me that they would send a letter to residents with details of how to apply for the new permit.

Do you think it’s worth appealing on these grounds? Or even taking it to court? I understand this isn’t the crystal ball reading forum but I’ve not got much experience with this and im not sure what the best route forward is

yarpsnehpets

Do you own the property or are you renting?

What does the lease / rental agreement say about parking?

Is the space allocated to the property?

Is that allocation specifically mentioned in the lease?

The chances are that you already have a pre-existing right to park and, as such, you don't need the permission of a unregulated parking operator in order to exercise that pre-existing right.

Can you post up the PCN?

Fluffy_example2861

https://forums.moneysavingexpert.com/discussion/comment/82189679#Comment_82189679

I’m renting. The tenancy agreement specifies nothing about parking to my memory, as I had an issue with this when I moved in of not knowing where to apply for the parking (it’s my first place). There are no specific spaces allocated to the property to my knowledge, it’s merely a car park that requires a residents permit in order to use. I will post up the PCN shortly after editing out any personal details

Fluffy_example2861

https://forums.moneysavingexpert.com/discussion/comment/82189679#Comment_82189679

Here’s the PCN. Hopefully the text is still ledigible

Umkomaas

What’s the ‘Date of Notice’ you’ve blanked out please?

Fluffy_example2861

https://forums.moneysavingexpert.com/discussion/comment/82189769#Comment_82189769

That was the 19/10/26. I travel for work so was late to pick up the PCN

Half_way

https://forums.moneysavingexpert.com/discussion/comment/82189679#Comment_82189679

you posted a picture of the parking charge notice, but havbe not answered any of the other questions, why? these are critical in how this is dealt with