Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: simon_11 on May 10, 2024, 01:38:43 pm
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It is good that you are confident about defending a claim in the small claims track of the county court. As pointed out, there is no “summons”. This is not a criminal matter. It is a dispute over contractual issues in the civil court.
Please remind us, where you are in the process. I’m assuming your initial appeal was rejected but all we’ve seen so far is the NtD. What was the date of the NtD? On what date did you appeal the NtD? Have you received an NtK at any stage? Have you identified yourself as the driver on the date? If/when your initial appeal was rejected, did you file an appeal with the IAS?
Please answer these questions and provide a timeline so that we can better assist you.
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I imagine I will inevitably be summoned to court in the near future.
Too much imagination
1/ There is no inevitable about it, the majority of unpaid tickets don't get to court
2/ It's a civil matter, you would get a county court claim if they went that route, there will never be a summons.
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To follow up on this my appeal was rejected (although I missed the replies on this and my appeal didn't mention any of my legal rights to park). It has now been escalated to debt collectors and I imagine I will inevitably be summoned to court in the near future.
I intend to represent myself when that happens and wanted to check if there is some sort of guide/template I can use to start building up my defense.
Below are the relevant points in my signed lease agreement which I feel I can support my case:
Rights Granted
The right for the Tenant and all persons authorised by him (in common with all other persons
entitled to the right) at all times for reasonable purposes connected with the residential use
and occupation of the Property and the Parking Space only to go pass and repass with or
without vehicles (as appropriate) over and along the Building Internal Common Parts and
Estate Common Parts over which the Tenant requires rights in connection with the use and
enjoyment of the Property and Parking Space which are contained within the Estate
The right to park one roadworthy taxed and MOT'd vehicle not exceeding two and one half
tonnes gross unladen weight in the Parking Space
There is also no mention of any third parties regarding any Parking enforcement on the Lease.
Thanks in advance.
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Many leases will contain a clause something like:
"The Landlord may from time to time make and vary regulations for the management, safety, convenience, and benefit of the common parts and the Development. The Tenant must comply with all regulations made by the Landlord, provided they are reasonable and served upon the Tenant in writing.”
A PPC, or the management company, may use whatever clause is in the lease to argue a right to engage a PPC.
Checking might be worthwhile for if/when rebuttal is needed.
In this case it would appear to fail due to the parking spaces not being common areas and it not being notified anyway.
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This is the 21st century. A physical permit is a joke and absolutely unnecessary. There is only one reason for a physical permit in this day and age and that is to snare victims when the permit is forgotten or falls off.
PCM are renown for this scam. Be as polite and nice as you like. I will place money on them rejecting any appeal. They are not “protecting” your parking spot. They are only interested in scamming you and as many residents as possible.
You are dealing with a firm of ex-clamper thugs. Good luck with the charm offensive.
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What's to dislike?
Personally my main gripe with these setups is that they are often implemented without the resident being consulted or approving of their introduction, and are managed by parking companies who will continue to pursue a resident even when they are informed that the tenant has a right to park there.
That said, given PCM will reject any first appeal, if the managing agent doesn't intervene, a "pleasant" appeal like the one proposed might well serve a useful purpose of showing the appellant to be a reasonable persons seeking to resolve the matter, whilst still achieving the goal of showing they are well informed (and demonstrate PCM to be the opposite, when they continue their pursuit).
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On one level:
A car without a red resident's permit parked in your space and the contractor employed to protect your rights under your lease issued it with a PCN.
What's to dislike?
Do you think the contractor should know your car? In which case, why bother with permits of whatever colour?
Straight bat IMO at this stage.
I am the keeper of VRM **** and I've been made aware that a PCN was issued to my car on *** because apparently the driver did not display the permit which has been provided to assist your staff identify vehicles permitted to park. Clearly an oversight on their part, but no harm done. I appreciate your diligence in protecting my rights under my lease, but as the Parking Space forms part of the property demised under that lease (which you can verify with the Managing Agent) it therefore does not fall within the scope of your parking 'contract'. I am sorry that you have been inconvenienced.
Hugs
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Communicate by email is best as this provides proof of sending and receipt.
What the lease doesn't mention is equally important as what it does say. In the absence of any requirement to display a permit mentioned in the lease, not displaying one is not a breach.
You may have displayed one in the past as a courtesy, but doing so, does not imply any obligation to do so. Additionally, as there is no mention on your lease that a third party, unregulated private parking company, contracted by the landlord, can issue you with speculative invoices for an alleged breach of their third party contract, therefore, you cannot be liable for those alleged debts.
PCM are notorious for trying this on in residential car parks. Sadly, the vast majority of residents at these PCM managed car parks are ignorant of their rights and how they are protected by their leases. PCM rely on their income from low-hanging fruit on the gullible tree who have been failed by the failure of the education system to give them even a basic understanding of civil law.
Simply put, your lease has supremacy of contract over anything that is later introduced. A landlord cannot simply change or alter what is in the original signed lease. They have to go through a whole legal process involving a Tribunal and the requirements of the Landlord and Tenant Act 1987 (https://www.legislation.gov.uk/ukpga/1987/31/section/37). Just have a read of section 37 5(a) or (b) to understand.
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I will ring up the managing agent to see what is happening..
Communication in writing is generally preferable - the issue with a phone call is you have no record of what was discussed if you need to rely upon it at a later date.
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"Parking Space" being capitalised suggests that it may be a defined term... Is there anything in your contract (usually at the start) that provides a list of defined terms, and therefore defines the parking space (ie where it is etc.).
Either way, that lease seemingly provides you the right to park a car in your space - that right isn't removed because a third party puts up some signs and sends out some permits.
As well as an appeal to PCM (which we can help with) you should also speak to your landlord and/or their managing agents, and ask why they are permitting a third party company who are a stranger to your lease, to issue £100 charges for parking in a space your lease already grants you use of.
Yes, it's defined in the interpretations section where "Parking Space" is the parking space edged red and numbered 700 & 700A on Plan 2.
These are my allocated parking spaces and I was parked well within the parking space and lines of bay 700.
I also should mention that this lease was provided just before completion date by the property developer who are also the Landlord to the managing agent (same for estate and block company) and to myself. I've not received any further amendments to this to my knowledge.
I will ring up the managing agent to see what is happening..
Thanks for both your help on this so far.
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I can't find anything that I feel that would help support my case.
Your lease has what is known as supremacy of contract. Subject to the question above by @DWMB2, unless your lease specifically gives the landlord/managing agent a right to appoint a third party the right to issue PCNs (speculative invoices for an alleged breach of contract by an unregulated private parking company) and to require you to display a permit to park in your own or rightful place to park, then you are not obliged to display anything and they have no right in law to charge you at all.
You have a supremely good case to defend. In the most simple terms, unless your lease specifically mentions that you must display a permit and can be invoiced by a third part for not doing so, then the PCN is invalid and there is no contractual requirement for you to pay it.
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"Parking Space" being capitalised suggests that it may be a defined term... Is there anything in your contract (usually at the start) that provides a list of defined terms, and therefore defines the parking space (ie where it is etc.).
Either way, that lease seemingly provides you the right to park a car in your space - that right isn't removed because a third party puts up some signs and sends out some permits.
As well as an appeal to PCM (which we can help with) you should also speak to your landlord and/or their managing agents, and ask why they are permitting a third party company who are a stranger to your lease, to issue £100 charges for parking in a space your lease already grants you use of.
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@simon_11, what makes you think that just because a management company contacts an unregulated private parking company to manage the car park and put up some signs and order you to display a permit, that any of that can override your rights under your AST/lease?
The wording (or lack of it) in your AST/lease will define your liability or not for the PCN. You have not yet told us about it.
Thanks for the reply @b789
Thankfully (due to not having many PCN's) I'm not well versed in this so apologies - just going off what I can see.
I've reviewed the original lease at time of the property's completion and to be honest I can't see anything in there that explicitly mentions or implies anything to do with PCN's or even having to display a parking permit.
Below are some bits from the lease under the "rights granted" section which I feel like may be relevant :
The right for the Tenant and all persons authorised by him (in common with all other persons
entitled to the right) at all times for reasonable purposes connected with the residential use
and occupation of the Property and the Parking Space only to go pass and repass with or
without vehicles (as appropriate) over and along the Building Internal Common Parts and
Estate Common Parts over which the Tenant requires rights in connection with the use and
enjoyment of the Property and Parking Space which are contained within the Estate
The right to park one roadworthy taxed and MOT'd vehicle not exceeding two and one half
tonnes gross unladen weight in the Parking Space
I can't find anything that I feel that would help support my case.
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@simon_11, what makes you think that just because a management company contacts an unregulated private parking company to manage the car park and put up some signs and order you to display a permit, that any of that can override your rights under your AST/lease?
The wording (or lack of it) in your AST/lease will define your liability or not for the PCN. You have not yet told us about it.
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Won't let me edit the original post - I've attached an image of the parking terms and PCN.
[attachment deleted by admin]
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Why do you think it is an "offence"? Have you broken the law?
What exactly does your AST/lease say about parking at your property? What it doesn't say is equally important.
For example, if your AST/lease mentions that you must display a permit and are liable to pay speculative invoices from an unregulated private parking company contracted by the landowner or their agent, then you may be bang to rights. Then again, if there is no mention of any retirement to display a permit or mention of you being liable pay a third party's speculative invoices, you have a valid defence. Maybe you only display a permit as a courtesy.
If your lease allows you to park with no other restrictions regarding third parties, you should be asking why are your rights being fettered. Your AST/lease cannot simply be amended by anyone, including the landlord or their agents. There is a whole legal process that has to be strictly adhered to which you can read up on in the Landlord and Tenants Act 1987, section 37 (https://www.legislation.gov.uk/ukpga/1987/31/section/37) 5(a) or (b) applies.
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To help us to help you, please read the following thread carefully, and amend your post to reflect the guidance in there, and to provide as much of the information asked for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/).
In addition, as this is a residential case, please consult your lease, and show us exactly what it says about parking. All mentions of this (and exact wording for each) will be important.
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I live in a flat with private parking with designated car park spaces for each flat. I stupidly forgot to display my ticket this week and have received a PCN for not displaying a valid permit.
Do I have any leg to stand on to make an appeal? It's also my first offence if that matters.
They want £60 within 14 days which is just a joke >:(
Thanks in advance.