ACE security parking charge to tenant

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
5 replies 795 views
sanadsaadsanadsaad Forumite
2 Posts
Hi. I am a new member on this forum and have read the excellent guide to help us newbs out. I wanted to get some advice regarding an appeal as my case is a bit tricky. My landlord's agents hired ace security to monitor our parking spaces and asked us to provide our details for a parking permit. I was never home during this time as i was working double shifts to keep the bills paid. They also emailed my wife who was not in the country during that time. Parking patrol came into effect on 24th of July and I realised this by the signs in the parking area and contacted the agents for a parking permit on 3rd of August. I left a sign in the car stating permit applied for with the agents. I received a ticket on 4th of August. The permit came late and i ended up receiving another ticket on 14th of August. My DVLA wasnt updated at this time. When I realised it wasnt updated, I sent all my documents to DVLA. I then received an email from the agents that they needed my DVLA documents or my permit would be void and without thinking, I provided this to them. I then received two NTKs, one that was sent to the previous address and the latest one, asking to pay £200 for both charges. I am in the process of formulating an appeal around the following points:

1. My lease allows me to park my car in an empty bay
2. The document from the agents states that they are hiring ACE security to prevent third parties from parking their cars here and since I am actually living here, it should not hold.

Can they come after me on the DVLA update issue that I was residing here and did not update my DVLA on time? I have always paid the PCN upfront whenever I was at fault but these seem wrong to me. Would appreciate your guidance here.

Replies

  • Half_wayHalf_way Forumite
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    They will try anything they can to get their hands on your cash.
    you should tell them to FRO.
    Dear management company, re Trespass upon my property, subsequent harrasment and a possible data protection act breach..
    On ( date) a parking charge notice was placed upon a vehicle which had permission to park in space/area X.
    My lease/rental make no mention of any permit scheme, and i do not consent to a third party using my property as a money making business ( namely so called parking enforcement) as such i will not be partaking in any so called permit scheme.
    I would like to remind you that you are jointly and severally liable for the actions of your agents, and should your agents use the DVLA database, this will be interpreted as a breach of the data protection act for which both you and your agents may be held liable for..
    To sum up:
    > I do not consent to, nor will i be partaking in any permit scheme , as this is not required by my lease/rental agreement
    > Any imposition of such a scheme is completely unreasonable
    > any attempt by yourselves or your agents to access, the DVLA's EDI link as used by private parking companies use and process my peronal data in respect to issuing parking charge notices will be seen as a breach of the parking companies KODOE contract and a breach of the DPA
    For more information see Vidal-Hall vs Google
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Thanks a lot for your reply. I am sending them the template with my PCN number in it. All letters will be sent in the name of keeper. I had a read on ACE security cases on this forum. Their security sign still is the same as posted in another thread referencing parking pranksters (as a new user i am not allowed to post links).
    I will rely on the wisdom of this excellent forum to take me through this charge all the way to it's dismissal. I am also speaking with neighbours who got sent this charge to sign a petition and complain to the managing agents. I will post back with their response.
  • SystemSystem Forumite
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    Find the case of Pace v Noor as it appears very similar to your case. Mr Noor did not take up the option of getting a Pace permit as his tenancy allowed him "to park my car in an empty bay". The judge agreed and all the tickets were cancelled.

    So you should get back to Pace and tell them the details of your tenancy and ask them to provide evidence that you need one of their permits. Add you are aware of the Pace v Noor case.
  • UmkomaasUmkomaas Forumite
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    Find the case of Pace v Noor as it appears very similar to your case.
    CS041 via this link.

    http://www.parking-prankster.com/more-case-law.html
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Guys_DadGuys_Dad Forumite
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    Can you clarify your tenancy arrangements and is your landlord a leaseholder or a housing association or are you the leaseholder.

    If you landlord is a private leaseholder landlord who has agreed with the landowner that a PPC can be appointed, then this puts you in a weaker position and your beef may well be actually with the landlord who will have varied your tenancy agreement and you may have a claim against him for all your parking charges and not the PPC.
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