Show Posts - nosquirrels

Wow I did not know that. Has anyone actually successfully litigated this issue? It seems that this would make the job of parking companies pretty much impossible if you simply do not reply to the NtD.

Yes I appealed the PCN that was stuck to my windshield.

I was issued the PCN by way of it being attached to the windshield. So not clear they ever obtained the keeper details from DVLA (my name is nowhere on the ticket they gave me). Also since my issue has been resolved I really don't want to antagonize the management any more than is necessary.

Yesterday

Good news on the case, after I submitted the POPLA appeal the parking company have dropped the request for payment. Got an email from POPLA that the operator has decided to withdraw the case. Can't tell whether the management company had a change of heart and decided to ring up the parking enforcement company or not, but either way it seems that I have had a positive outcome here. Thanks for the help.

I am planning to add the following attachments: scan of the relevant leasehold agreement page, photo of my permit to park, and a screenshot of my MOT and vehicle tax from DVLA (showing that my car meets the conditions sets out in the contract)

I have written the following for POPLA. Not been submitted yet, so happy to take any comments:QuoteI am appealing a parking charge issued in my building’s car park.On the day in question, I had my car professionally washed, which inadvertently dislodged my resident’s parking permit, making it difficult to see. However, this does not change the fact that I am a leaseholder in this building, and my lease grants me the unequivocal right to park my vehicle in the car park without any mention of a permit requirement.Relevant Lease Terms (copy pasted verbatim, and also see the attachment):A right for the Tenant to park a private motor car or a motor cycle or motor cycles in a parking space within areas designated from time to time by the Landlord within the Car Park provided that:-8.1 The Landlord gives no warranty that the parking spaces in the Car Park shall be suitable for the parking of any particular type of motor car nor that there will always be a parking space immediately available to the Tenant.8.2 The Tenant shall not have the right to park in any particular parking space within the Car Park.8.3 The Landlord may temporarily suspend the right to park for limited periods of time (as short as reasonably practicable) during the Term where necessary for the purposes of repair, maintenance, decoration, replacement, or renewal of the Car Park or any plant and equipment therein or any other works to the Estate or adjoining land.8.4 The motor car or motorcycle must be taxed and in roadworthy condition.The above is the entirety of the conditions relating to my right to park. It is clear that:* My vehicle is taxed and in a roadworthy condition (a fact easily verifiable via the DVLA, screenshot attached).* The landlord has not suspended my right to park (confirmed by the presence of vehicles, including mine, on site).* There is no mention of a requirement to display any permit or comply with any additional parking terms introduced by a third party.My lease is a legal contract granting me rights that cannot be unilaterally overridden by signage or terms imposed by a parking management company. The principle of “primacy of contract” is well-established in English law. Unless the lease is lawfully varied in accordance with the Landlord and Tenant Act 1987 (which it has not been), these third-party terms do not bind me.I am happy to display my permit as a matter of courtesy in order to help enable efficient enforcement of parking rules, but as there is no requirement to display it under the terms of my lease, I believe the parking company should have voided the ticket the moment they became aware that I am a leaseholder with a right to park there.Overall summary box:QuoteIn short, I have a prior right to park in this car park as a part of my lease agreement with the landlord. The parking company has been informed of this during the appeal process.

I mentioned that the lease has not been varied, but I didn't explicitly mention the Act. I doubt it would have made any difference as the decision to do nothing was one made by a senior manager on the spot with little more than 3 seconds of thought put into it. Has POPLA usually sided with the parking companies in this kind of cases? It's very irrational as it's only a £100, but I am so incensed by this I would be willing to die on my sword and go to court over this. If court were to rule against them, setting a precedent, that would probably be even more damaging for their business model ... But I guess not many people are irrational enough to go to court over £100.

Sure, but bearing in mind that I can't force them to write an email, and that my time to appeal the ticket through POPLA is going to run out in two weeks, it may be that I run out of options. Is it worth just starting the POPLA process anyway whilst they deliberate whether to reply or not?

The response was not in writing so I can't quote verbatim. I had to ring them up because they didn't respond to the email for many days. I have, however, followed up with another email and asked them to confirm in writing what we discussed on the phone. I can copy that over here if they do actually respond (even though they said on the phone they will respond, I still have my doubts). But it was literally what I said above: We can't intervene in this case, the car park was clearly signed and you didn't comply with terms and conditions. I said to that that in my lease there is no mention of the signs and/or additional terms and conditions and that it's a breach of my contract. They said either way there is nothing we can do sorry. They told me literally that I can take it to court if I want (of course there is still the potential POPLA appeal I can exhaust before I'd consider anything else).

So I have had a response from the management company. They are unwilling to intervene in this case. They said that this is a matter between me and P4 Parking and that they are unable to do anything about it. They also stated that I should have displayed the permit and if I didn't then there are clear signs in the car park instructing me to do so.

Quick update to the above: I have decided to follow the advice given here and send an email to the management company. I went with the leasehold argument and will hold off on the GDPR angle for now to see if they would be willing to resolve this amicably. Will update once I have had a reply. Thanks

The date on my notice is 2 December, so if we go by 28 days then 30 December, 33 days would be 4 January I think. Have attached the original PCN (there is only a single side to it). [ Guests cannot view attachments ]

Thank you very much for the detailed reply. Will send the letter and hopefully will get a reply soon. I have, the letter says, 28 days to lodge an appeal with POPLA if I wanted to go down that route.

Yes we do. I actually spoke to them in person before I appealed and they were pretty unhelpful. They said "you have to display the permit, if you didn't then you'll just have to pay the fine sorry". Then I had a look at my lease and decided to appeal.