IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

I have read the newbie thread but think my case is different... help

Options
2

Comments

  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Options
    I have just looked through the lease I have and there is little reference to parking.
    I am going to bring this up with the residents association now
  • Umkomaas
    Umkomaas Posts: 41,426 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 9 July 2017 at 11:00PM
    Options
    The location on the PCN and the actual location are 15miles apart.
    If that is the case then you should (unusually) look at an IAS appeal as per Coupon-mad's advice. I think there's a good chance of painting the PPC and/or the IAS into a corner.
    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.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 9 July 2017 at 11:04PM
    Options
    you have a primacy of contract with your lease and the parking company cannot supercede it , so if your lease doesnt mention the parking and there is no requirement to display a permit , they cannot vary your lease and that lease trumps any parking contract

    look at recent parking prankster blogs about this topic

    and badger those fools at the MA about the legal aspect of this , because in any court case you can hold them jointly and severally liable

    also read the DOZENS of other residents threads on here , plus the JOPSON case , where she won on appeal

    I am sure that this lease will be a major factor in any appeal, plus in any future court case

    so dobbing in the driver means you can concentrate on beating them over the head with contracts and leases

    we appreciate its all new to you , but its not to the regulars here
    and you were right to start a new thread about it
    and no , its not different , read this

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

    and read this PPM one

    http://parking-prankster.blogspot.co.uk/2017/03/parking-and-property-management-ltd.html
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Options
    Thank you for your replies.
    I will take this to the management company initially... how do you advise the best way to word this?!
  • Umkomaas
    Umkomaas Posts: 41,426 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    LauraV wrote: »
    Thank you for your replies.
    I will take this to the management company initially... how do you advise the best way to word this?!

    Assertively!

    Have a go at drafting a response (you know the details, not us), post it here and regulars will help you shape it for despatch.
    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.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    that the parking company is there to deter unwanted parkers , not legitimate residents , that the initial appeal system is there to sort the wheat from the chaff , so the appeal from a legitimate tenant/leaseholder should have been upheld , that the PPC should have some sort of "whitelist" of vehicles allowed to park , not some antiquated paper based system thats open to errors and human mistakes , that your lease trumps any parking regime due to primacy of contract and a parking company cannot vary the terms of your lease

    I am sure there will be other factors , show them the link to where PPM lost in court and what the judge said about the lease

    bear in mind that you are not the only person who has a lease and a parking space , there are tens of thousands of you and this topic is a daily occurrence on these forums and others , hence the two cases I linked and dozens and hundreds more besides them

    another winner here

    http://www.dailymail.co.uk/news/article-4135638/Desperate-Scousewives-s-Elissa-Corrigan-beats-firm-VCS.html
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Options
    Ok I will take this to them tomorrow however I feel that they will shoot it down due to the car being in a visitors bay and the signage all stating about visitors permits having to be clearly displayed.

    The wrong location on the PCN is the only reason for my appeal.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 9 July 2017 at 11:52PM
    Options
    the signage does not over ride your primacy of contract on your lease

    and any appeal to the IPC or any defence in court will major on several legal arguments , not one

    your MA should be able to cancel this regardless , you are a legitimate tenant/leaseholder and your vehicle can only take up one space , so if its takes you longer to unload , so what ?

    what do you think JOPSON argued ?

    the PPC is there to keep unwanted people out , not harass the residents

    in post #1 you mentioned that you parked , but no mention of a visitors bay , so if its your residence then surely you have the right to park in your own space or a visitors space ? you have since said that your lease mentions little or nothing about parking , so where is the variance of contract in your lease by the PPC or the MA ?

    lose the fear factor and guilt and assume you have a right to park on that land , you did , you may have made a slight mistake regarding the permit or time factor but the PPC had the opportunity to cancel this when faced with the facts and that you are entitled to park on the site as a resident

    they have lost in court on these very points , some quite recently
  • Coupon-mad
    Coupon-mad Posts: 132,227 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    I still fancy a little go at IAS with this one.

    On the basis that the location on the PCN is wrong, the PCN is not validly given.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LauraV_2
    LauraV_2 Posts: 27 Forumite
    Options
    I am happy to try both avenues. I will draft up a letter today for the MA and post for you all to have a look at.
    I've just checked through all the letters we received regarding the changes to the parking conditions and nothing refers to the leases. I did however spot a paragraph stating that in no way would the MA act as a mediator in cases against the PCN... I take it this is just another scare tactic?
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards