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Messages - newpcnappeal

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1
Update regarding this case:

All initial IAS appeals submitted, UKCPS has responded with the following 'evidence' to 3/6 appeals (remining responses to be received in 7 days)

UKCPS has upload the following files: (a) “Site Images 23.01.2025” which are generic layout photographs dated 15/10/2020, showing random vehicles and signage; (b) a site map, showing boundaries, entry/exit and sign locations; (c) a signage PDF containing the full text of the terms; and (d) still images of my vehicle that are the same ones provided previously

The operator made the following comments...
The operator confirms that the Parking Charge Notice was issued in accordance with Schedule 4 of the Protection of Freedoms Act 2012 and that keeper liability applies. The Notice to Keeper contains the information prescribed by PoFA and therefore liability has lawfully transferred to the registered keeper.

The Appellant challenges the operator's authority to operate and enforce parking at the location and requests production of the landholder agreement. Under the IPC Code of Practice, operators must have written authorisation from the landholder to manage parking and to issue Parking Charge Notices. However, the Code does not require operators to disclose commercially sensitive or personal data contained within landholder contracts to third parties. Such agreements commonly contain confidential information and personal data, and disclosure would be contrary to data protection obligations.

Membership of the IPC requires operators to confirm that appropriate landholder authority is in place and to make such authority available to the IPC or the IAS on request. In the absence of any evidence to the contrary, the assessor is entitled to accept the operator's confirmation that it has the necessary authority. There is no requirement under the IPC Code of Practice or PoFA for the operator to provide a copy of the landholder agreement to the Appellant.

The remaining evidence demonstrates that the vehicle was parked without displaying a valid permit, in breach of the clearly displayed terms and conditions. The signage on site is compliant with the IPC Code of Practice and clearly states that parking is restricted to authorised vehicles and that a Parking Charge will be issued for failure to comply.

Having considered all submissions, the assessor is satisfied that the operator has authority to enforce parking at this location, that keeper liability has been established under PoFA, and that the Parking Charge Notice was correctly issued in accordance with the IPC Code of Practice.

2
Update: As expected I've received back rejections for all appeals from UKCPS.

All but one gave a similar generic response except for the last one which includes some brief responses to appeal points made, I would be interested to hear your take on these please:



After reviewing your comments, and carefully considering the evidence collected at the time the Parking Charge was issued, we regret to inform you that your appeal has been unsuccessful.

The reasons for our decision are detailed below:
It was observed that you failed to display a valid permit. Parking terms and conditions, including permit
requirements, are implemented to ensure an efficient and organised parking system for all residents, tenants,
visitors, etc. It is imperative that all individuals adhere to these terms and conditions to maintain order and
fairness.

Permit requirement and contractual terms
The basement car park at this location operates under a clearly displayed permit scheme. Drivers are required to
comply with the terms and conditions in force at the location as set out on the signage. The absence of a permit
entitlement within a tenancy agreement does not exempt a driver from compliance with on-site parking controls.

Signage and enforcement
Signage within the land clearly states that parking is for authorised permit holders only and that unauthorised
vehicles may be issued with a Parking Charge Notice. These signs are sufficient to inform drivers of the
restrictions in place and the consequences of non-compliance. By parking without displaying a valid permit, the
driver accepted the risk of a parking charge being issued.

Access gate condition
The operational status of the access gate does not alter the parking restrictions in force. The presence or absence
of a physical barrier does not negate the requirement to comply with the clearly displayed parking terms and
conditions.

Resident information
UKCPS is contracted to manage and enforce parking in accordance with the site rules as provided by the
landholder.

Keeper liability
We are satisfied that the Parking Charge Notice and Notice to Keeper were issued in accordance with the relevant
legislation and industry requirements. Where applicable, liability may be transferred to the registered keeper in line
with Schedule 4 of the Protection of Freedoms Act 2012.

Duration and nature of parking
The vehicle was observed parked in the restricted area without a valid permit. The reason for parking and the
duration of stay do not negate the requirement to comply with the permit scheme in operation at the site. It remains
the responsibility of the driver to comply with the parking terms and conditions and properly display a valid permit
at all times. Failure to do so can inconvenience others and disrupt the overall parking arrangements.

Attached, you will find photographic evidence showing the vehicle parked at the location mentioned above. (same evidence given as the PCN, nothing additional)


3
Thank you for the template for IAS, its reassuring to hear my legal position is strong for these PCNs. I'll keep following along all advice I'm getting here and happily ignore any demands of payment

4
Thank you again, I’ll get the complaint sent off soon.

In the meantime just received back a response from UKCPs regarding the first PCN appeal. They have provided the same photographic evidence as the PCN (pictures of car and the t&c parking sign) This is what they have said:

Thank you for your appeal submitted on 5th December 2025. After reviewing your comments, and carefully
considering the evidence collected at the time the Parking Charge was issued, we regret to inform you that your
appeal has been unsuccessful. The reasons for our decision are detailed below:
It was observed that you failed to display a valid permit. Parking terms and conditions, including permit
requirements, are implemented to ensure an efficient and organised parking system for all residents, tenants,
visitors, etc. It is imperative that all individuals adhere to these terms and conditions to maintain order and fairness.
Whilst we acknowledge that there may have been mitigating circumstances, it remains the responsibility of the
driver to comply with the parking terms and conditions and properly display a valid permit at all times. Failure to do
so can inconvenience others and disrupt the overall parking arrangements. The circumstances outlined in your
appeal do not negate you from the terms and conditions in place on the site. As you have parked without a
registered permit, you have breached the terms and conditions and therefore the PCN has been issued correctly.
Attached, you will find photographic evidence showing the vehicle parked at the location mentioned above.
We have extended the opportunity for you to pay the reduced amount of, Ł60.00, until 02/01/2026, after this date,
the full amount of Ł100.00 will be due.
Regards,
Appeals Team

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (''IAS''). In
order to appeal, you will need your Parking Charge Reference and your vehicle registration. Appeals must be
submitted to the IAS within 28 days of the date of this response. Please note if you make an appeal with the IAS
then the discounted rate is no longer available.
Please visit their website www.theias.org
Complaints
If you wish to complain, you MUST complain to us directly in the first instance by writing to us at the address at the
top of this letter. If you are not satisfied with our response, then you may refer your complaint to the IPC. Further
details can be found at www.theIPC.info

5
No luck with the property manager, seems to be passing on responsibility to the landlord & tenancy agency. I’ll continue with the appeal with UKCPS anyway but might consider lodging a formal complaint about the property manager to their head office.

Reply from property manager:

Please note that it is the responsibility of your landlord or letting agent to advise you of the parking arrangements within the development, as our legal relationship is with the leaseholder of the property and not the subtenant.

If you believe your tenancy agreement has not been issued correctly, we recommend raising this with your letting agent. We are unable to share the lease for this development, as it is a legal document that we can only discuss with the leaseholder, who will have a copy.

There is clear signage in the basement car park indicating that parking enforcement is in place. All bays are clearly numbered with the corresponding flat numbers. You would have passed this signage and seen the marked bays upon entry. The parking company regularly patrols the facility and has not taken advantage of the shutter currently being out of operation.

Please note that we cannot cancel any tickets issued for genuine reasons, such as parking in an incorrect bay on multiple occasions. If you believe the tickets have been incorrectly issued, you or your agent will need to liaise directly with the parking company to resolve this matter.



6
Amazing, thank you. I will email the managing agent later today and keep you updated regarding their response.

7
Regarding your point of:

4. Parallel approach to the landlord/agent
Separately from UKCPS, it is worth a short, firm email to the managing agent/landlord along these lines:

   – You are a tenant with a right to quiet enjoyment;
   – The AST contains no parking/permit clauses and you were never given any building regulations about the basement scheme;
   – The gate has been broken for a month so the area has been effectively open to all;
   – You have now been hit with five Ł100 charges while simply using the lift access to move heavy items to your flat, in an otherwise empty bay;
   – Their contractor’s behaviour is disproportionate and undermines your quiet enjoyment;
   – You require them, as principal, to instruct UKCPS to cancel all five charges.

If you want help drafting that, say so and I can put something suitable for you to adapt.


I would appreciate assistance in drafting something to the property manager again regarding cancellation of PCNS if you think this is still suitable? Please see more 
background context below:


On an unrelated manner a few months ago I emailed the property manager about the possibility to use the basement car park. I did this as my allocated parking which is a privately run multi story car park had continually malfunctioning barriers when I tried to exit, causing me consistent delays exiting.  He responded

‘’The basement car park is allocated to flats 8th floor and above therefore under the terms of the lease we wouldn’t be able to let you park there as they pay an additional service charge for the maintenance of this area’’


Is the points you have replied with still valid taken this into consideration? :

So, even if the headlease somewhere talks about parking/permits, you are only bound to those covenants and any “building regulations” if they were:

   – Given to you in writing, or
   – Notified to you in writing.

From what you have said, nobody has ever provided you with any estate rules or written regulations about the basement permit scheme, who may park there, or how residents below the 8th floor should deal with unloading, moving items, etc.

Below was my recent email to property manager after getting the PCNs:

Unfortunately I've just received PCNs for using the underground car park on a few separate occasions, and I wanted to reach out for your help.

I normally park in my allocated multi story car park, but on these occasions I used the underground car park as
as I had some heavy items to carry from my car to my apartment. I noticed the barrier gates into this car park are no longer present so I thought I could make use of the close lift access with the underground car park.

I'm aware that only residents on the 8th floor and above have parking permits as part of their lease.
As a resident on floor 2, I've never been issued an underground permit, and also my tenancy has no clause about allocated underground parking or permit requirements. 

Could you please ask the parking company to cancel these PCNs? I'd really appreciate your support given my situation as a resident of the complex being faced with these expensive penalties. 
Also could you confirm the access policy to the underground area for situations like this? 

Property managers response:

Thank you for your email. As you’ve stated in your email previously, the basement car park is designated for residents on the 8th floor and above. Since your flat is on the 2nd floor, you do not have a legal right to park in the basement car park. This is why you have received parking tickets, as you do not hold a valid permit for that area.

Your allocated parking is in the offsite multi story car park.

Please note that the roller shutter on the basement car park door is currently awaiting a replacement part and will be repaired shortly. If you ever need to lift anything heavy into your apartment you will need to use the external access outside of your block and leave someone with your vehicle whilst you do this.

Unfortunately, we are unable to cancel any fines that have been correctly issued by the parking enforcement company, as you have parked in a car park for which you are not eligible.


Based off all this if you think it’s worthwhile to respond to the property manager, then I would appreciate assistance on what to respond with.

Many thanks

8
Thank you very much this comprehensive response.

I have submitted 2 appeals on the online portal so far and plan to do the remaining 3 now.

My Assured short hold tenancy agreement says absolutely nothing about parking as far as I am aware:

1. TENANT OBLIGATIONS
The Tenant agrees with the Landlord that throughout the Tenancy the Tenant will:
1.1. General
1.1.1. Any obligation upon the Tenant under this Agreement to do or not to do anything shall also require the Tenant
not to permit or allow any licensee or visitor to do or not to do that thing.
1.1.2. To be responsible and liable for all the obligations under this Agreement as joint and several Tenant if the
Tenant forms more than one person, as explained in the Definitions.
1.2. Pay Rent
1.2.1. Pay the Rent and any other sums due to the Landlord in the manner set out in this Agreement, whether
formally demanded or not.
1.3. Pay Interest
1.3.1. Pay interest on any amounts of Rent due and in arrears by in excess of 14 days at the rate of 3% above the
Bank of England annual base rate calculated on a day to day basis from the date that the same shall become due
until payment in full is made.
1.4. Pay for Council Tax
1.4.1. Unless the Rent is expressed as being inclusive of council tax, to pay the council tax (or any similar charge
which replaces it) in respect of the Property either directly to the local authority, or by paying that sum to the
Landlord where the Landlord has paid that sum to the local authority (whether legally required to do so or not) within
14 days of receiving a written request for such monies.
1.5. Pay for Utilities
1.5.1. To pay all charges falling due for the following services used during the Tenancy:
Council Tax, Water (which includes any systems utilised for the heating or cooling of water, within the
Property), Sewerage, Gas, Electricity & Other Fuel, Telephone, Broadband, Satellite Television, Cable Television,
and TV Licence
1.6. Care for Property
1.6.1. Not cause or allow any damage or loss to the Property or Contents, fair wear and tear excepted, and use the
Property and Contents in a proper and tenant-like manner.
1.6.2. The Tenant is liable to change, replace or renew at his/her own cost all light bulbs, batteries, and extractor fan
filters, and dishwasher and water softener salt.
1.6.3. To inform the Landlord immediately in writing when it comes to the notice of the Tenant of any repairs or other
matters falling within the Landlord's obligations to repair the Property.
1.7. Replace Broken Glass
1.7.1. Promptly replace all **** or broken glass with the same quality glass, where the crack or breakage is
caused as a result of any action or misuse or negligence of the Tenant, a third party, any family or visitors, whether
invited or not.
1.8. Smoke Detectors and Carbon Monoxide Detector
1.8.1. Ensure that all smoke and carbon monoxide detectors are kept in good working order by ensuring that they
are kept free from obstruction, tested regularly and replacing batteries when necessary.
1.9. Good Repair
1.9.1. Keep the Contents including all electrical gas and other appliances equipment and apparatus in good repair
and condition, fair wear and tear excepted.
1.9.2. Take care not to cause an overload of the electrical circuits by the inappropriate use of multi-socket electrical
adaptors or extension cables when connecting appliances to the mains electric system.
1.10. Preserve Interior Condition
1.10.1. Keep the Property and the Contents in good order and in a clean condition as at the commencement of the
Tenancy, fair wear and tear excepted.
1.10.2. Permit the Landlord to give the Tenant notice in writing of any necessary works of repair, cleaning,
restoration, or replacement which is the obligation of the Tenant to be undertaken within a reasonable time agreed
between the Tenant and the Landlord.
1.11. Clean Windows
1.11.1. Clean the inside and outside of the easily accessible windows regularly and at the end of the Tenancy.
1.12. Prevent Obstructions
1.12.1. At all times take all reasonable precautions not to cause blockage to the drains and pipes in or about the
Property and keep gutters, gullies and downpipes free of debris. In the event that a blockage is caused as a result of
misuse or negligence of the Tenant, his/her family or visitors, the Tenant shall be liable to clear, or arrange the
clearance of, the blockage or debris.
1.13. Protect from Freezing
1.13.1. At all times, to ensure that all reasonable precautions are taken to protect the Property against freezing and
burst pipes, provided the pipes and other installations are kept adequately insulated by the Landlord. To reimburse
the Landlord in respect of any damage caused to the Property as a result of frozen or burst pipes due to the Tenant
failing to take reasonable precautions.
1.14. Keep Ventilated
1.14.1. Keep the Property adequately ventilated and make good use of extractor fans (where provided) so as to
reduce the occurrence of condensation and wipe away any occurring condensation to prevent any resultant mould
and damage to the Property and the Contents.
1.15. E-bikes or E-scooters
1.15.1. The Tenant agrees not to store or charge an E-bike or E-scooter in or about the Property or permit any other
resident in the Property nor to allow his invited guests or visitors to do so without the Landlord's prior written
consent which will not be unreasonably withheld or delayed. If in breach of this clause, the Tenant will be liable for or
to compensate the Landlord for any damage caused and to restore the interior and/or exterior of the Property to the
condition described in the Inventory.
1.16. Fuel Storage
1.16.1. Any coal/logs stored at the Property must be stored in an appropriate and suitable receptacle in such a place
as will not cause damage to the Property or the Contents.
1.17. Prevent Infestation
1.17.1. Not keep any refuse or rubbish in the Property and regularly dispose of the same in a suitable receptacle to
maintain acceptable levels of hygiene and prevent outbreaks of any infestations such as pests or disease. In the
event of an infestation, to clean, arrange, or compensate the Landlord for the cleaning of the Property with de-
infestation cleaner to a professional standard at the end of the Tenancy if de-infestation is necessary.
1.18. Maintain Gardens
1.18.1. Keep any gardens and grounds including any pond, terrace or patio included in the Property in a neat,
unobstructed and tidy condition and free from litter and weeds. Keep the grass cut and reasonably maintain any
lawns, trees and shrubs in a proper manner as seasonally required. Not to cut down or remove any trees, shrubs or
plants (other than annual plants) or otherwise alter the existing design content or layout of the said garden or
grounds without the prior written consent of the Landlord, which will not be unreasonably withheld.
1.19. Not Alter Property
1.19.1. Not alter or in any way interfere with the construction or arrangement of the Property. Not to carry out any
redecoration or make any alteration in or addition to the exterior or interior of the Property without the previous
consent in writing of the Landlord, which will not be unreasonably withheld.
1.20. Not Remove Contents
1.20.1. Not remove or allow the removal of the Contents from the Property or store the Contents in any way which
may lead to the condition of the Contents to be damaged or deteriorate at a quicker pace than they would if they
remained in the places recorded in the Inventory.
1.21. Not Affix Items to Walls
1.21.1. Not to hang pictures other than with a reasonable number of commercially available picture hooks or
fastenings without the prior written consent of the Landlord, which will not be unreasonably withheld.
1.22. Not Post Signs
1.22.1. Not to display or allow to be displayed any notice, sign, banner or placard visible from outside the Property
without the prior written consent of the Landlord, which will not be unreasonably withheld or delayed. The Landlord
reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any consent previously given.
1.23. Not Affix or Erect Aerial or Satellite Dish
1.23.1. Where not already provided or available at the Property, not to affix or erect outside the Property any
television or radio aerial or satellite dish or install any cable television or cable telephone without the prior written
consent of the Landlord, which will not be unreasonably withheld or delayed but may be subject to conditions. Where
granted such consent will be detailed under Special Tenancy Conditions or as an Addendum to this Agreement. The
Landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any consent previously
given.
1.24. Pets
1.24.1. The Tenant agrees not to keep any animals or birds (whether domestic or otherwise) in the Property without
the Landlord's prior written consent which will not be unreasonably withheld or delayed.
1.25. Smoking Prohibition
1.25.1. Not to smoke or allow any other person to smoke any cigarettes cigars pipes or other forms of tobacco or
other substances, including vapes, within the Property without the prior written consent of the Landlord. Where
granted such consent will be detailed under Special Tenancy Conditions or as an Addendum to this Agreement. The
Landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any consent previously
given. In the event of any breach of this clause then the Tenant shall pay such costs to the Landlord for making good
any resultant staining, discolouration, burn marks or odour present at the Property at the end of the Tenancy.
1.26. Changing Locks
1.26.1 Not alter, change or install any locks on any doors or windows in or about the Property or have any additional
keys or remote control devices made, except in the case of an Emergency, without the prior written consent of the
Landlord, which will not be unreasonably withheld or delayed.
1.26.2. Where consent to change locks is granted, one set of the new keys must immediately be made available to
the Landlord and at the end of the Tenancy the Tenant must provide the same number of sets of keys, fobs and
other devices for the new locks as were provided by the Landlord at the commencement of the Tenancy.
1.26.3. Where any keys the Tenant is responsible for are either lost or stolen, the Tenant shall be liable for the cost
of having the relevant lock/s changed for the Property, one set of the new keys must immediately be made available
to the Landlord and at the end of the Tenancy.
1.27. Use of Burglar Alarm (if applicable)
1.27.1. Take every precaution to ensure the correct use of the burglar alarm system to the Property and pay any call
out charge or costs for the repair or for re-setting of the system necessary as a result of misuse or negligence by the
Tenant, his/her family or visitors.
1.27.2. Not change any burglar alarm code without the prior written consent of the Landlord, which will not be
unreasonably withheld or delayed. Where such consent is granted the Tenant will promptly provide the Landlord
with the details of the new code.
1.28. Secure Property
1.28.1. Not leave the Property unattended or unoccupied for any period whatsoever without locking and securing all
deadlocks and other locks and bolts fitted to the doors and windows permitting access to the Property and ensuring
the burglar alarm (if any) is activated.
1.29. Notify & Action if Unoccupied
1.29.1. Not leave the Property vacant, unattended or unoccupied for a period of more than 14 consecutive days
without first giving reasonable notice to the Landlord of the intention to do so.
1.29.2. After leaving the Property unattended for any period of 7 days or more, to flush through the water systems
by running all taps and showers for 20 minutes and by flushing all toilets to reduce the risk from exposure to
legionella bacteria.
1.30. Landlord's Insurance
1.30.1. Not to do, permit to be done, or fail to do anything that may render void or invalidate any policy of insurance
on the Property or the Contents nor anything that may cause an increased premium to be payable, provided that a
copy of the relevant sections of the policy has been given to or shown to the Tenant at the start of the Tenancy or
within a reasonable time thereafter. To pay the Landlord all reasonable sums paid by the Landlord for any increase in
premiums and all reasonable expenses incurred by the Landlord incurred as a result of a failure by the Tenant,
his/her family or visitors to comply with this clause.
1.31. Tenant's Personal Possessions
1.31.1. For the avoidance of doubt, there is no cover provided by any insurance policy maintained by the Landlord
for any personal possessions introduced into the Property by the Tenant. The Tenant is strongly advised to insure
his/her own belongings with a reputable insurer.
1.32. Permit Access
1.32.1. Permit the Landlord or anyone with the authority of the Landlord at reasonable hours by no less than 24
hours prior written notice (save in the case of an Emergency) to enter the Property to view the state and condition
thereof or to undertake any necessary repairs in compliance with obligations placed on the Landlord by law, or other
necessary repairs or redecoration of the Property or require access to effect work to a neighbouring property or
boundary divide. Should the Tenant agree that the Landlord, Agent or authorised contractor can have access relating
to any of the above mentioned circumstances with the Landlord or anyone with the authority of the Landlord and
access is denied/not possible due to the Tenant refusing or restricting access, The Tenant will be responsible for
default costs incurred by the Landlord associated with this breach.
1.33. Permit Viewing
1.33.1. Permit the Landlord or anyone with the authority of the Landlord by reasonable prior appointment to show
the Property:
a. To potential tenants or purchasers during the last two months of the Tenancy or other period of notice; or
b. To potential purchasers in the event of the Landlord wishing to sell or otherwise deal with the reversion of the
Property with the benefit of the Tenancy at any time during the Tenancy.
1.34. Permit Notices
1.34.1. Permit the Landlord to affix a notice of re-letting or selling on the Property during the last two months of the
Tenancy or other period of notice, or a notice of selling in the event of the Landlord wishing to sell the Property with
the benefit of the Tenancy at any time during the Tenancy.
1.35. Take Remedial Action
1.35.1. In an Emergency to take appropriate reasonable remedial action to prevent further damage to the Property
and give immediate notice to the Landlord.
1.36. Give Notice of Defects
1.36.1. Notify the Landlord immediately in writing upon becoming aware of:
a. Any damage, defect or want of repair of any nature affecting the Property or any of the Contents, whether or
not caused by any act, default or neglect of the Tenant, or any invitee of the Tenant; or
b. Any burglary or attempted burglary upon the Property.
1.36.2. And the Tenant shall be liable for all reasonable consequential excess loss and expense arising from any
failure to give such notice.
1.37. Forward Correspondence
1.37.1. Pass to the Landlord as soon as is reasonably practicable following receipt, any notice or other
communication left on or delivered or posted to the Property that are addressed to the Landlord with the exception
of obvious circulars or marketing material.
1.38. Leasehold (Lease) or Freehold Covenants and Restrictions
1.38.1. Where applicable and provided that prior to the signing of this Agreement the Tenant is notified in writing or
given a copy of the relevant documents, the Tenant agrees to observe and not breach or contravene any terms in
the Lease or any Deed under which the Landlord holds the Property.
1.38.2. The Tenant will comply with all and any new regulations relating to the building which may be introduced
from time to time and which are notified to the Tenant in writing and protect the Landlord from loss arising from any
claim in respect of any breach or non-observance of the same.
1.39. Deed of Covenant (if applicable)
1.39.1. If requested and at the Landlord's expense the Tenant will enter into a Deed of Covenant or such other Deed
as the superior landlords may reasonably require.
1.40. Communal Areas (if applicable)
1.40.1. Not to obstruct any common passageways, hallways and staircases nor keep or store or place any item or
package or bicycle or pushchair in any communal area of the Property.
1.40.2. Not to hang or permit to be hung or exposed any clothes or other articles in any communal or shared garden
or upon the exterior of the Property except where expressly permitted by the Landlord in writing.
1.41. Not Assign or Sublet
1.41.1. Not to assign this Agreement without the prior written consent of the Landlord, which will not be
unreasonably withheld or delayed. Where the Landlord grants consent this may be subject to reasonable conditions
and the Tenant will be liable for the reasonable fees and expenses incurred by the Landlord in granting such consent
or arranging such assignment.
1.41.2. Not to mortgage or charge the benefit of this Agreement;
1.41.3. Not to take in or receive paying guests or lodgers without the prior written consent of the Landlord.
1.41.4. Not sub-let, part with or share possession or occupation of the Property or any part of the Property with any
person not named as Tenant in this Agreement without the prior written consent of the Landlord, which will not be
unreasonably withheld or delayed. Where granted, the Landlord may impose reasonable conditions of consent and
the Tenant will be liable for the reasonable expenses incurred by the Landlord in granting such consent.
1.42. Not Cause Nuisance
1.42.1. Not use the Property or allow others to use the Property in a way which may cause damage or a disturbance,
nuisance, annoyance, or inconvenience to neighbouring adjoining or adjacent property or to the owners or occupiers
of them.
1.43. Music and Noise
1.43.1. Not play any musical instrument, music player, radio or television or cause or permit any undue loud noise to
take place in the Property so as to cause disturbance annoyance or inconvenience to the occupiers or owners of any
neighbouring adjoining or adjacent property or so as to be audible outside the Property between the hours of 11.00
pm to 7.30 am.
1.44. Permitted Use
1.44.1. To use the Property for no other purpose than that of a strictly private residence for the occupation of the
Tenant and occasional guests only; and
a. Not carry on at the Property or allow the Property to be used for any profession trade or business and not to let
rooms or apartments or receive paying guests or lodgers in the Property;
b. Not hold or allow to be held any large meeting or gathering upon the Property or any sale by auction thereon;
c. Not use or permit the Property or any part thereof to be used for any illegal or immoral purposes;
d. Not to register a business or company at the address of the Property.
1.45. Combustible Matter
1.45.1. Not take into or keep at the Property any combustible, offensive or dangerous fluids, fuels or materials or any
gas, paraffin or other liquid fuel unless required for normal household use and fully comply with all fire precautions
or fire regulations made by the Landlord or the appropriate Fire Authority.
1.46. Own Gas Appliances
1.46.1. Immediately notify the Landlord if any gas appliance is brought into the Property by the Tenant and ensure
that it is properly connected to the appropriate pipework by a suitably qualified Gas Safe registered engineer and is
safe to use. The Tenant will immediately stop using and remove any such gas appliance which is unsafe or
dangerous to either the occupants or the Property.
1.47. Prohibited Substances
1.47.1. Not to use or consume in or about the Property at any time any of the drugs mentioned in the Misuse of
Drugs Act 1971 or any other controlled substances the use of which may hereinafter be prohibited or restricted.
1.48. End of Tenancy
1.48.1. At the expiration or sooner termination of the Tenancy:
a. Clean the Property to the same standard as received on Check In. Contents including the washing or dry
cleaning (including ironing and pressing) of all bedding, linen, towels, carpets, curtains, upholstery and soft
furnishings and other articles set out in the Inventory or articles substituted for the same which shall be shown
by reference to the Inventory to have been soiled during the Tenancy;
b. Make good and/or pay for the repair of or replacement of any of the Contents that are broken, lost or damaged
during the Tenancy, save for fair wear and tear;
c. Notify all utility and council tax authorities of the date of termination of the Tenancy and pay all outstanding
accounts with the service providers up to and including the last day;
d. Arrange for the return to the hire company prior to the check-out of any hired or rented television or other
equipment or appliance which the Tenant has hired or rented for his use at the Property;
e. Deliver all keys and remote control devices to the Landlord and pay to the Landlord all reasonable costs
incurred by the Landlord in replacing the locks or devices where such keys or devices are missing;
f. Remove all personal items from the Property before the end of the Tenancy. The Tenant will be responsible for
meeting all reasonable removal costs and/or storage charges for items left in the Property after the end or
earlier termination of the Tenancy. The Landlord will remove and store such items for a maximum of one
calendar month, and take all reasonable steps to contact the Tenant in this regard and, where possible, will
notify the Tenant at the last known address. If the items are not collected within one calendar month the
Landlord may dispose of them and the Tenant will be liable for the reasonable costs of disposal, which may be
deducted from the Deposit or from any sale proceeds and if there are any costs remaining they will remain the
Tenant's liability; and
g. Provide the Landlord with a forwarding address where the Tenant may be contacted after the Tenant has
vacated the Property and permit the Landlord to give the forwarding address to the suppliers of gas, electricity,
fuel, water, telephone services, environmental services or other similar services incurred at the Property for
which the Tenant is liable and Council Tax authority.
1.49. Breach of Tenancy
1.49.1. The Tenant shall pay the Landlord's reasonable legal costs and expenses (including VAT) incurred by the
Landlord in enforcement or remedy of any breach of the Tenant obligations under this Agreement, whether or not
the same shall result in court proceedings.
1.49.2. The Tenant shall pay the cost of any bank or other reasonable charges incurred by the Landlord if any
standing order payment or cheque submitted by the Tenant is withdrawn or dishonoured by the Tenant's bank.
2. LANDLORD OBLIGATIONS
The Landlord agrees with the Tenant that the Landlord will:
2.1. Deliver Up Property
2.1.1. At the commencement of the Tenancy deliver:
a. The Property and Contents in a tidy condition and cleaned;
b. Any working chimney swept and clean; and
c. All appliances, smoke and carbon monoxide detectors in proper working order.
2.2. Allow Quiet Enjoyment
2.2.1. Permit the Tenant to quietly possess and enjoy the Property during the Tenancy without any unreasonable or
unlawful interruption.
2.3. Pay Outgoings
2.3.1. Pay all taxes, insurance, service charge assessments, impositions and other outgoings in respect of the
Property, save for those expressly stated as the Tenant's responsibility in this Agreement.
2.4. Maintain Property
2.4.1. Carry out those repairs to the Property the liability for which is imposed upon the Landlord by Section 11 to 16
of the Landlord & Tenant Act 1985. This liability obliges the Landlord to repair and keep in good order:
a. The structure of the Property and exterior (including drains gutters and pipes);
b. Certain installations for the supply of water, electricity and gas;
c. Sanitary appliances (including basins, sinks, baths and sanitary conveniences); and
d. Appliances for space heating and water heating; but not other fixtures fittings and appliances for making use of
the supply of water and electricity.
2.4.2. This obligation arises only after written notice has been given to the Landlord by the Tenant in accordance
with the terms of this Agreement;
2.5. Maintain Appliances
2.5.1. Put and keep in repair and proper working order the central heating system, electrical appliances and other
equipment provided by the Landlord for the use of the Tenant provided that the Tenant shall be responsible for the
cost of such repair or replacement if it is necessary as a result of damage sustained through misuse or negligence by
the Tenant or his/her family, any visitor or guest.
2.6. Burglar Alarm (if applicable)
2.6.1. Maintain in proper working order the burglar alarm system (if any) provided to the Property save that any call
out charge or costs for repair necessary as a result of misuse or negligence by the Tenant, his/her family, any visitor
or guest shall be payable by the Tenant.
2.7. Title and Consents
2.7.1. The Landlord confirms that all necessary consents have been obtained to enable the Landlord to enter into
this Agreement.
2.8. Safety Regulations
2.8.1. The Landlord warrants that:
a. Where applicable all upholstered furniture, soft furnishings, beds, bed bases, mattresses (and mattress
toppers), pillows, cushions and seat pads supplied to the Property comply with the provisions of The Furniture
and Furnishings (Fire) (Safety) Regulations 1988 and The Furniture and Furnishings (Fire) (Safety)
(Amendment) Regulations 1993;
b. All gas appliances within the Property comply with the Gas Safety (Installation & Use) Regulations 1998 and
that all gas appliances will be checked for safety annually in accordance with The Gas Safety (Installation and
Use) Regulations 1998. A copy of the Gas Safety Check Record will be provided to the Tenant at the start of the
Tenancy and within 28 days of the annual check undertaken during the Tenancy;
c. All mechanical and electrical equipment in the Property are in good repair and working order and that all
electrical equipment supplied to the Property complies with The Electrical Equipment (Safety) Regulations 2016
and the Plugs and Sockets etc (Safety) Regulations 1994; and
d. The Property is in a habitable condition.
2.9. Smoke Detectors and Carbon Monoxide Detectors
2.9.1. The Premises are compliant with The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 at the
start of the Tenancy.
3. NOTICES
3.1. Address and Service
3.1.1. The provisions for service of notices are that if either party send any document in relation to this Agreement to
the other, it shall be deemed to have been validly and sufficiently served delivered to the receiving party's address
or last known address by hand; sent by first class post or by registered post or recorded delivery to [Address Redacted], or if sent by email; to the email address provided by the Tenant at
the start of the Tenancy, and which has been confirmed as being their own: [Tenant Email 1 Redacted], and
[Tenant Email 2 Redacted], or by email from the Tenant to the Landlord: [Landlord Email Redacted].
Where notice is served by first class post, the notice shall be deemed to have been served two working days
after the date of posting.
Where notice is served by hand or email before 16:30 on a working day then the notice will be deemed served
that day. If it is served after 16:30 on a working day, or served on a non-working day, then it will be deemed
served on the next working day.
If the email provided above should no longer be appropriate for the service of notices then the other party must
be notified of an alternative email address for this purpose.
3.1.2. Any notice or document to be served on the Tenant may be served by the Landlord or by the Landlord's Agent
on behalf of the Landlord.
3.1.3. For the purposes of Sections 47 and 48 of the Landlord and Tenant Act 1987 the address of the Landlord is as
stated on page 2 of this Agreement. Where this address is in England and Wales notices on the Landlord (including
notices in proceedings) may be served to this address. Where the Landlord's address is not in England and Wales,
the address of the Landlord as detailed in this Agreement under Definitions may be used as an alternative address
for the service of notices on the Landlord (including notices in proceedings). If either of these addresses should
change during the Tenancy the Tenant will accordingly be notified in writing.
4. MISCELLANEOUS
4.1. Stamp Duty Land Tax (if applicable)
4.1.1. The Tenant shall be responsible for assessing his liability, if any and at any time, for Stamp Duty Land Tax
relating to this Tenancy, and for submitting the appropriate forms and payment to HM Revenue & Customs. Further
information may be obtained from the HM Revenue & Customs enquiry line on 0845 6030135 or from their website
Stamp Duty.
4.2. Agent of the Tenant
4.2.1. Any payments in respect of or on account of Rent made by or drawn on accounts other than those of the
Tenant named in this Agreement will be accepted by the Landlord as payment made by or on behalf of the Tenant
only and in no circumstances shall constitute the creation of a new tenancy to any other person.
4.3. Data Protection & Confidentiality
4.3.1. The personal information of both the Landlord and the Tenant will be retained by the Landlord in accordance
with the terms of the Landlord's Agent's privacy policy ('the Policy') which both parties will have been served with
and which is also available to view on the Landlord's Agent's website. In addition to the information provided to the
Landlord about the Tenant in accordance with the Policy, the Tenant agrees that the Tenant's personal information
can be forwarded to the Landlord. Such information may have been provided before, during or after the Tenancy.
The Landlord thereafter may share details about the following:
a. Details of performance of obligations under this Agreement by the Landlord and the Tenant;
b. Known addresses/details of the Tenant and any other Permitted Occupiers; or
c. Any other relevant information required by the parties listed below.
4.3.2. This personal information can be shared with the following:
a. Utility and water companies;
b. The local authority;
c. Authorised contractors;
d. Credit and reference providers;
e. Mortgage lenders;
f. Legal advisors; or
g. Any other essential third party.
4.3.3. This information can and will be provided without further notice only when the Landlord is authorised to do so
under the Policy.
4.3.4. Section 45 Flood & Water Management Act 2010 The above Act places a legal obligation on the Landlord
to provide the water authority when requested with a forwarding address for the Tenant following the end of the
Tenancy.
4.4. Habitation
4.4.1. If the Property or part of the Property is destroyed or made uninhabitable by any insured risk, and provided
such damage is not as a result of any action or misuse or negligence of the Tenant, a third party, any family or
visitors, whether invited or not.
a. The Rent will cease to be payable until such time as the Property is reinstated and rendered habitable;
b. The Landlord shall not be responsible for re-housing the Tenant; and
c. In the event that the extent of the damage is such that the Property is not made habitable within one month,
either party may terminate the Tenancy by giving immediate written notice to the other party.
4.5. Right to Rent
4.5.1. All adults named as the Tenant or who reside at the Property as a Permitted Occupier, whether named in this
Agreement or not, must provide a valid passport and visa or work permit to the Landlord prior to taking occupation
of the Property either before or during the Tenancy. If any person fails to comply, the Landlord may take any
necessary legal action to have the person evicted from the Property.
4.5.2. If any person forming the Tenant or any Permitted Occupier changes or any additional occupant moves into
the Property during the Tenancy, the Tenant agrees to ensure that any new or additional persons complies with the
legal requirements of the Right to Rent conditions under the Immigration Act 2014 prior to moving into the Property.
This will involve meeting the Landlord in person to provide valid documents to be checked and copied.
4.6. Rent Increase (if applicable)
4.6.1. The Landlord can increase the Rent every twelve months on or after the anniversary of the date on which the
Tenancy began ("Rent Increase Date"). For the avoidance of doubt this means that the Rent may increase on or after
20th March 2026. The Rent may be reviewed again on or after the anniversary of the previous Rent Increase Date.
The increase is to be calculated according to the rise in the Retail Prices Index from the start of the Tenancy, or the
previous Rent Increase Date, whichever is the later, to the month with the most recent available Retail Prices Index
data. To avoid doubt if the Landlord does not increase the rent in any year this will not affect the Landlord's rights to
increase the Rent in subsequent years.
5. INVENTORY
5.1. Preparation of the Inventory
5.1.1. If the Landlord chooses to obtain an Inventory at the start of the tenancy then the Landlord will be responsible
for providing a fully comprehensive Inventory for the Property at the beginning of the Tenancy.
5.2. Attendance
5.2.1. If applicable the Tenant will attend, or appoint a representative to attend the appointment at which time the
inspection which informs the Inventory will take place. In the event that the Tenant does not keep a prearranged
appointment, the Landlord reserves the right to carry out the Check In without the Tenant in attendance and send a
copy to the Tenant once prepared. The Tenant will within seven days of the commencement date of the Tenancy
respond with any written amendments or notes.
6. AST
This Agreement is intended to create an Assured Shorthold Tenancy as defined by Section 19A of the
Housing Act 1988 and shall take effect subject to the provisions for the recovery of possession set out
in Section 21 of that Act.
6.1. Provision for Re-Entry
6.1.1. If at any time:
a. The Rent, or any part of it, remains unpaid for 14 days after falling due, whether formally demanded or not;
b. If any agreement or obligation of the Tenant is not complied with; or
c. If any of the grounds set out in Schedule 2 of the Housing Act 1988 be made out.
6.1.2. The Landlord may give written notice to the Tenant that the Landlord seeks possession of the Property. If the
Tenant does not comply with that Notice, the Landlord may gain possession of the Property by complying with
his/her statutory obligations; obtaining a court order; and re-entering the Property with a court approved bailiff. This
clause does not prejudice any other rights that the Landlord may have in respect of the Tenant's obligations under
this Agreement.
7. DEALING WITH THE DEPOSIT
7.1. The Landlord shall lodge the Deposit with the Deposit Protection Service ('DPS') in a nominated client account
as soon as reasonably practicable. Any interest earned on the Deposit will be retained by The Deposit Protection
Service at the end of the Tenancy and any agreed balance of the Deposit (subject to the clauses below) will be
returned to the Tenant.
7.2. After the Tenancy the Landlord is entitled with the written consent of the Tenant, to deduct from the sum held
as the Deposit any monies referred to in this Agreement. If more than one such deduction is to be made by the
Landlord, monies will be deducted from the Deposit in the order listed.
7.3. The Landlord shall notify the Tenant in writing of any deduction to be made under this Agreement. That notice
shall specify the amounts to be deducted and the reasons for any deductions to be made. No deduction will be made
from the Deposit without the written consent of both parties. In the event there is no agreement between the
Landlord and Tenant then either party may refer the matter to the DPS for adjudication. This process is set out in the
Prescribed Information.
7.4. At the end of the Tenancy the Landlord shall return the Deposit (subject to any deductions made under the
Agreement) within 30 days of the end of the Tenancy except in the case of dispute. If there is more than one Tenant,
the Landlord may return the Deposit by cheque to any one Tenant, at his sole discretion, at his/her last known
address. That person forming part of the Tenant will hold the Deposit in trust for all others forming the Tenant.
7.5. If the amount of monies that the Landlord is entitled to deduct from the Deposit under the Agreement exceeds
the amount held as the Deposit, the Landlord may require the Tenant to pay that additional sum to the Landlord
within 14 days of the Tenant receiving that request in writing.
7.6. The Landlord may deduct monies from the Deposit to compensate the Landlord for losses caused for any or all
of the following reasons:
any damage to the Property and/or the Contents caused by the Tenant or arising from any breach of the terms
of this Agreement by the Tenant;
any damage caused or cleaning required as a result of any pets occupying the Property (whether or not the
Landlord consented to its presence as set out in this Agreement;
any sum repayable by the Landlord to the local authority where housing benefit or Local housing Allowance has
been paid direct to the Landlord by the local authority;
any other breach by the Tenant of the terms of this Agreement;
any instalment of the Rent which is due but remains unpaid at the end of the Tenancy;
any unpaid account or charge for water including sewerage and environmental charges, electricity gas or other
fuels used by the Tenant in the Property;
any unpaid council tax; or
any unpaid telephone charges.
7.7. The Tenant shall not be entitled to withhold the payment of any instalment of Rent or any other monies payable
under this Agreement on the ground that the Landlord holds the Deposit or any part of it.
7.8. If the Landlord sells or transfers his interest in the Property the Tenant shall consent to the transfer of the
Deposit (or the balance of the Deposit) to the purchaser or transferee. The Landlord shall then be released from any
further claim or liability in respect of the Deposit or any part of it.

Much appreciated!

9
Situation

Keeper received 5 PCNs in the post, which arrived to the keepers address between 1st and 8th December. PCNs issued for being on private land ‘without a valid permit’ on 23rd,26th,27th,28th,30th Nov.

The keeper of the vehicle is a resident of the apartment block where the private land PCN has been issued for. The keeper’s tenancy agreement makes no mention of parking rights or restrictions.

Property manager has informed that permits are only issued to residents on 8th floor and above, keeper resides on the second floor. Property manger will not ask UKCPS to cancel the PCNs as in their view the charges have been applied correctly. The parking area is located in the basement area of the apartment complex, where access is usually gained via a remote controlled shutter gate. The shutter gate has been out of action the last month and the area is now accessible to anyone. The vehicle entered the parking area to gain easy access to the basement elevator so that heavy items could be moved easier to the flat of the resident.
The vehicle used the same numbered bay each time, which is unoccupied.

Keeper has appealed 2/5 PCNs via UKCPS’s portal as of time of posting this, choosing ‘other’ as the option for appeal.

From reading of a similar case on this fourm, keeper has used the text at the end of this post on the first 2 appeals. Looking for advice on what has been appealed already and any guidance on future actions please.



Appeal sent already:
Dear Sir/Madam,

I am the registered keeper of vehicle xxx and I am appealing all Parking Charge Notices issued at the basement car park at St James Gate, Newcastle upon Tyne, for “without a valid permit”.

1. No permit entitlement / no contract with me

I am a resident of this private land, residing in Apartment x, The Bar, St James Gate. My tenancy agreement grants me no right to the basement car park and contains no clause requiring me to obtain or display a permit there. I therefore have no entitlement to a permit and no contractual relationship with you regarding basement bays. and I cannot be in breach of a permit requirement that does not and cannot apply to my flat. On that basis, no contract can have been formed between UKCPS and I as the registered keeper, for this parking area.



2. Inoperative gate – open access, poor management

At the time the vehicle was parked, the gate was not functioning and the area was effectively open‑access from street level. Despite this, UKCPS is enforcing it as if it were a controlled, gated residents’ facility.

Enforcing a residents‑only permit scheme against someone who (a) is a genuine resident, (b) cannot obtain a basement permit at all, and (c) is able to enter via a broken, non‑functioning access gate, is unreasonable and contrary to the spirit of the private parking Code of Practice requiring clear, fair and transparent terms.

3. Prohibitive signage – incapable of creating a contract

The signage in the basement is prohibitive. The wording is along the lines of “Parking is permitted for permit holders only when parking wholly in their allocated bays and displaying a valid permit.” That wording does not offer parking to a non‑permit holder at all; it simply forbids it. A sign which merely states that parking is only for permit holders cannot create any contractual liability with someone who is not and cannot be a permit holder. At most, it might allege trespass, and only the landowner (not UKCPS) could pursue such a claim.

Because the sign is prohibitive and makes no offer to a 2nd‑floor resident with no permit entitlement, there can be no contract and therefore no contractual parking charge.

4. Inadequate information about any scheme

There is no clear or prominent information anywhere on site, or provided to me as a resident, explaining how non‑entitled residents or visitors could obtain any permission to use the basement, nor any process for temporary use when moving heavy items, deliveries, etc. I was never informed that the basement remained under strict enforcement while the shutter was broken, nor warned that UKCPS would issue multiple postal PCNs to a resident who has no basement rights.

The lack of clear, tailored information for residents like me is contrary to the BPA/IPC standards of clarity and transparency.

5. No keeper liability under the Protection of Freedoms Act 2012

As registered keeper, I also challenge UKCPS’s attempt to rely on Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) to transfer any liability from the unknown driver to me.

The Notices to Keeper received:

Do not specify any clear “period of parking”; they only show a single “time of issue” rather than a period of parking, which does not satisfy PoFA Schedule 4 para 8/9’s requirement to “specify the period of parking”. A moment in time is not a period.
Do not evidence any parking duration beyond the initial consideration/grace period allowed under the industry Code, during which a driver is entitled to enter, locate a space, read the terms and decide whether to stay.
Because the statutory wording has not been met, UKCPS cannot hold the keeper liable. I will not be identifying the driver, and there is no legal obligation upon me to do so.

6. Reasonable, de minimis use by a resident

The vehicle used the basement only on a small number of occasions, in empty bays, for a brief period, in connection with the movement of heavy items via the lift that serves my flat. There was no obstruction or damage. This was reasonable, de minimis use by a resident, in an open‑access car park, where the operator has chosen to pursue multiple high charges instead of ensuring clear information and fair management.

 



Notices received

https://ibb.co/Ps700WZB
https://ibb.co/M5Vm0p9g
https://ibb.co/gFmPqQcT
https://ibb.co/1JJ6RGTB
https://ibb.co/Y4FJpdqW
https://ibb.co/xqKBDdMG
https://ibb.co/sdY0Gtmb


Entrances to car park and signage

https://ibb.co/ZzpWDpMn
https://ibb.co/zHXmzTqM
https://ibb.co/ZzpWDpMn

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