Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: The_Blue on May 05, 2024, 11:42:13 am
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As above, the lease will be key here. The excerpt you've shown us so far doesn't seem to specify that a parking space forms part of the lease, other than a reference to the requirement to return the permit.
You could do with finding something that confirms that a parking space (or the right to park a car in any number of provided spaces) is included as part of your lease.
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What, precisely, does your AST agreement say about parking? It may also depend on what the head lease says about parking too. You may need to request a copy of that from the landlord.
What the AST/lease does not say about parking is relevant too.
The HA stated all residents signed a letter granting PCM the authority to manage the parking space (they sent me the template). I have requested the landlord/EA to confirm if such a letter was signed by them but they never replied. However, I think this might be key to my court defence in case of a court claim.
My questions are:
How do I legally get the landlord/EA to provide this?
What will my defence in court and IAS be?
Just sending a letter out to the "residents" does not confer any right to alter the lease. The Landord and Tenant Act 1987, section 37 5(a) or (b) (https://www.legislation.gov.uk/ukpga/1987/31/section/37) applies. It is not a simple vote. It requires a full Tribunal and unless it can be evidenced that this full procedure was carried out, the lease cannot have been altered to accommodate a third party who can issue parking charges and require you to show a permit.
As for your IAS appeal, don't hold much hope of them upholding your appeal. Less than 4% of IAS appeals are successful. This is most likely going to be won in court where a truly independent arbiter, a judge, will decide whether you owe a debt to PCM. This is fairly easy to defend but we would first need to know the details of the AST/lease about your parking rights.
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My current flat is owned privately and managed by an Estate agent (EA). However, the rest of the building/parking spaces are managed/owned by a Housing Association (HA). The management of the parking spaces was transferred to PCM before my time and now requires a parking permit to park (See image of parking signage (https://postimg.cc/v1D4B4t2)).
There is no reference to parking on my lease except that - "key fob, access cards and parking permit must be returned at the end of tenenacy".
I recently replaced my car (early march) and needed a new permit. However, PCM only opens 9 am - 3pm Monday to Friday, their online permit request does not work, The wait time on the phone is ~ 40 mins long (more than my lunch time). I am at work during these hours. Because of these, I received a windscreen PCN before I was able to get a new permit.
I have already appealed after the 28th day but this was rejected (they claimed I should have made alternative parking arrangements while I secure a permit). I will be following it up with the IAS appeal (just to go through the motions before the court claim).
I have already contacted the EA/landlord and HA, all of which were unhelpful. The HA stated all residents signed a letter granting PCM the authority to manage the parking space (they sent me the template). I have requested the landlord/EA to confirm if such a letter was signed by them but they never replied. However, I think this might be key to my court defence in case of a court claim.
My questions are:
How do I legally get the landlord/EA to provide this?
What will my defence in court and IAS be?