Author Topic: BaySentry Solutions Ltd - No parking permit  (Read 2089 times)

0 Members and 37 Guests are viewing this topic.

BaySentry Solutions Ltd - No parking permit
« on: »
Hi all,

Vehicle was parked in a gated residential car park in Hull, only accessible by homeowners and guests with passcode for said car park, so obviously everyone that parks here has the required permit provided.

A driver returned to the car one day to find it had been ticketed overnight by BaySentry Solutions Ltd for having no permit. The car does have a permit, although when checking the vehicle it had blown/fallen into the footwell (could still be seen from the exterior of the vehicle if you knew where to look!).

Tenant, not necessarily the driver or vehicle owner, contacted the landlord/housing agent to see if they could rectify as a valid permit was in place, was told had to appeal directly to BaySentry Solutions Ltd.

BaySentry Solutions Ltd was contacted and situation explained, images of the valid parking permit were also attached. BaySentry Solutions Ltd acknowledged the appeal and the valid permit and still demanded £20 for no reason at all.

Tenant has now received another letter from Direct Collection Bailiffs Ltd (DCBL) today (9th August), but dated 31st July, demanding £170 for an unpaid parking charge (https://ibb.co/ym4DPk8G). The letter states we have 14 days to respond but only arrived today, giving us only 5 days.

All help sincerely appreciated in squashing this ridiculous claim when we clearly have the right to park here with a valid permit.

Many thanks,
Dan

Share on Bluesky Share on Facebook


Re: BaySentry Solutions Ltd - No parking permit
« Reply #1 on: »
Your lease or equivalent says or doesn’t say what about car parking?

Have nothing to do with DCBL; if DCB Legal (not the same company) write to you then please let us know.
« Last Edit: August 09, 2025, 05:37:11 pm by jfollows »

Re: BaySentry Solutions Ltd - No parking permit
« Reply #2 on: »
Hi,

Thanks for the response - I can check with the tenant and what the lease/equivalent says about parking.

But I agree, nothing to do with them or anyone else really.
As said, it's a private gated community anyway that is not accessible to the general public, so only people with a right to park there can actually access it.

Is the best course of action to reply to them or ignore?

Many thanks,
Dan
Optimistic Optimistic x 1 View List

Re: BaySentry Solutions Ltd - No parking permit
« Reply #3 on: »
Have nothing to do with DCBL, but respond appropriately to anything from Bay Sentry or DCB Legal. Ignoring totally is generally not advised. If a housing agent or similar has introduced a third party then they are also responsible, assuming agreement hasn’t been indicated by amending the lease.

These cases often go to a court claim because everyone else involved ignores the primacy of the lease, but knows that a court won’t, so discontinues the case when they see you’re serious.

Subsequently you may want to write to them all saying that you will display the permit for convenience but restate you have no obligation to do so.
« Last Edit: August 10, 2025, 07:26:04 am by jfollows »

Re: BaySentry Solutions Ltd - No parking permit
« Reply #4 on: »
Just tell us what the lease says about parking. No need to try and second guess anything. In the majority of these cases, there is nothing in the lease that allows a third party to override what is in the lease.

Once we know what the lease says, we can advise further.

DO NOT say that the permit was displayed as a "convenience"!!! If you have to mention it, then the permit is displayed as a courtesy!
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: BaySentry Solutions Ltd - No parking permit
« Reply #5 on: »
We need to see exact wording for the lease when you find it. Anything it says about parking, including any defined terms such as things that defines where any allocated bays are etc.

Re: BaySentry Solutions Ltd - No parking permit
« Reply #6 on: »
Just tell us what the lease says about parking. No need to try and second guess anything. In the majority of these cases, there is nothing in the lease that allows a third party to override what is in the lease.

Once we know what the lease says, we can advise further.

DO NOT say that the permit was displayed as a "convenience"!!! If you have to mention it, then the permit is displayed as a courtesy!

We need to see exact wording for the lease when you find it. Anything it says about parking, including any defined terms such as things that defines where any allocated bays are etc.

Hi all,

I've finally managed to get the recent signed copy (18 June 2025) of the lease from the tenant. I've anonymised the data and attached it here.

The only 3 specific mentions of parking that I can see, are as follows:

1.8.4 Subject to The Deposit Protection Service (The DPS) terms and conditions, the Deposit will be
refunded, less any deductions, once the following have been completed:
1.8.4.2 all keys, access devices, remote controls and parking permits have been returned

4.3.14 Not change the locks (or install additional locks) to any doors in the Property, nor make additional
keys for the locks without Permission. All keys, access devices, remote controls and parking permits are
to be returned when possession of the Property is returned to the Landlord.

4.6 END OF TENANCY
4.6.2 Return all keys, access devices, remote controls and parking permits to the Property on the last
day of possession (or sooner by mutual arrangement).


I presume no specific mention of Bay-Sentry or parking spaces etc work in our favour here - what would be the next step(s)?

Appreciate all your help and advice.

Many thanks,
Dan

Re: BaySentry Solutions Ltd - No parking permit
« Reply #7 on: »
I have reviewed the tenancy agreement and here are the key points relevant to whether the landlord, their agent, or a third-party parking company could require the display of a parking permit and issue PCNs:

1. No express clause about parking permits or parking enforcement

• The agreement does not contain any clause authorising the landlord, their agent, or a third party to require the display of a parking permit, nor does it mention parking charges, penalties, or PCNs.

2. References to "parking permits"

• Clause 1.8.4.2 requires the tenant to return "all keys, access devices, remote controls and parking permits" at the end of the tenancy.
• Clause 4.3.14 repeats that all "keys, access devices, remote controls and parking permits" are to be returned at the end of possession.

These references only confirm that a parking permit may exist; they do not create an obligation to display one, nor do they authorise enforcement action for non-display.

3. Tenant obligations and covenants

• The agreement obliges the tenant to observe covenants in any headlease (Clause 4.3.25) but specifically excludes rent and service charge payments.

Unless the headlease itself requires permit display and empowers third-party enforcement, this clause does not grant such rights.

4. Third party rights

• Clause 1.9 explicitly states that “no clause of this agreement may be enforced by any third party, other than the Landlord’s Agent, pursuant to the Contracts (Rights of Third Parties) Act 1999.”

This prevents a third-party parking company from relying on the tenancy agreement itself to enforce PCNs.

5. Quiet enjoyment

• Clause 5.2 guarantees the tenant “quiet enjoyment of the Property during the tenancy without any unlawful interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord.”

Any third-party enforcement interfering with parking rights could be challenged as a breach of this covenant, unless clearly authorised.

Conclusion

The tenancy agreement does not grant authority for the landlord, their agent, or a third-party parking operator to require permit display or issue PCNs for failure to display.

• The only mentions of “parking permits” are administrative (returning them at tenancy end).
• Enforcement rights by a third party are explicitly excluded.
• Unless the headlease (not provided here) contains a parking enforcement covenant, no lawful basis exists in this agreement for a third-party operator to impose or enforce PCNs.

So, without seeing the headless, it is not conclusive. However, you should be aware of the following points:

• Your tenancy imports headlease covenants only if provided, and they exclude rent/service charge obligations. If you haven’t been given the headlease, you cannot be bound by unnotified permit obligations.
• Even if the headlease says “subject to regulations”, courts require regulations to be reasonable and consistent with the grant. A right to park is not extinguished by a failure to display a flimsy permit.
• Contracts (Rights of Third Parties) Act 1999 exclusion (Clause 1.9) blocks a parking company from claiming direct enforcement rights under this tenancy.
• Any PCN regime imposed on a lawful tenant with parking rights is likely to be an unlawful derogation from grant and/or breach of quiet enjoyment.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: BaySentry Solutions Ltd - No parking permit
« Reply #8 on: »
I think it would be wise to try and get sight of the headlease.

b789 correctly notes that there aren't any clauses that would seem to create any agreement with BaySentry. The only thing that gives me some reservation is that none of what you have shown us would seem to conclusively provide a right to park. The mention of parking permits would certainly allude to parking being included in your lease, but ideally something confirming that parking is provided would do no harm.

Are the bays numbered, or are there just a series of spaces, of which any may be used? If the latter, the references to use of 'common parts' might be of relevance.

Re: BaySentry Solutions Ltd - No parking permit
« Reply #9 on: »
Thanks for your detailed responses, both.

I didn't even know what a headlease was, I had to Google it. I'll ask the tenant to request it from the Letting Agent so we have more information.

Yeah, the bays are numbered with one bay assigned to each house or flat.


Best wishes,
Danny
Like Like x 1 View List

Re: BaySentry Solutions Ltd - No parking permit
« Reply #10 on: »
Hi all - happy Friday!


So the tenant reached out to their Letting Agent who then had to request the headlease from someone else (unknown except abbreviation "PBM" in reply). Once the Letting Agent received a reply from "PBM" they've forwarded it to the tenant:

I am presuming they means their lease rather than the Head Lease, we don’t hold individual copies but their lawyer will have access to the land registry site and all leases will be able to be downloaded.


Is this an acceptable response, should they be providing the headlease? It seems like something they should provide upon request, plus it looks as if the tenant would have to purchase their own lease from Land Registry otherwise?


Thanks for all help as always.
Cheers,
Dan

Re: BaySentry Solutions Ltd - No parking permit
« Reply #11 on: »
I have reviewed the tenancy agreement and here are the key points relevant to whether the landlord, their agent, or a third-party parking company could require the display of a parking permit and issue PCNs:

1. No express clause about parking permits or parking enforcement

• The agreement does not contain any clause authorising the landlord, their agent, or a third party to require the display of a parking permit, nor does it mention parking charges, penalties, or PCNs.

2. References to "parking permits"

• Clause 1.8.4.2 requires the tenant to return "all keys, access devices, remote controls and parking permits" at the end of the tenancy.
• Clause 4.3.14 repeats that all "keys, access devices, remote controls and parking permits" are to be returned at the end of possession.

These references only confirm that a parking permit may exist; they do not create an obligation to display one, nor do they authorise enforcement action for non-display.

3. Tenant obligations and covenants

• The agreement obliges the tenant to observe covenants in any headlease (Clause 4.3.25) but specifically excludes rent and service charge payments.



Unless the headlease itself requires permit display and empowers third-party enforcement, this clause does not grant such rights.

4. Third party rights

• Clause 1.9 explicitly states that “no clause of this agreement may be enforced by any third party, other than the Landlord’s Agent, pursuant to the Contracts (Rights of Third Parties) Act 1999.”

This prevents a third-party parking company from relying on the tenancy agreement itself to enforce PCNs.

5. Quiet enjoyment

• Clause 5.2 guarantees the tenant “quiet enjoyment of the Property during the tenancy without any unlawful interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord.”

Any third-party enforcement interfering with parking rights could be challenged as a breach of this covenant, unless clearly authorised.

Conclusion

The tenancy agreement does not grant authority for the landlord, their agent, or a third-party parking operator to require permit display or issue PCNs for failure to display.

• The only mentions of “parking permits” are administrative (returning them at tenancy end).
• Enforcement rights by a third party are explicitly excluded.
• Unless the headlease (not provided here) contains a parking enforcement covenant, no lawful basis exists in this agreement for a third-party operator to impose or enforce PCNs.

So, without seeing the headless, it is not conclusive. However, you should be aware of the following points:

• Your tenancy imports headlease covenants only if provided, and they exclude rent/service charge obligations. If you haven’t been given the headlease, you cannot be bound by unnotified permit obligations.
• Even if the headlease says “subject to regulations”, courts require regulations to be reasonable and consistent with the grant. A right to park is not extinguished by a failure to display a flimsy permit.
• Contracts (Rights of Third Parties) Act 1999 exclusion (Clause 1.9) blocks a parking company from claiming direct enforcement rights under this tenancy.
• Any PCN regime imposed on a lawful tenant with parking rights is likely to be an unlawful derogation from grant and/or breach of quiet enjoyment.

I think it would be wise to try and get sight of the headlease.

b789 correctly notes that there aren't any clauses that would seem to create any agreement with BaySentry. The only thing that gives me some reservation is that none of what you have shown us would seem to conclusively provide a right to park. The mention of parking permits would certainly allude to parking being included in your lease, but ideally something confirming that parking is provided would do no harm.

Are the bays numbered, or are there just a series of spaces, of which any may be used? If the latter, the references to use of 'common parts' might be of relevance.


Hi both/all,

Along with the Letting Agent not supplying the head lease (as detailed in post above) the tenant has now received a letter from DCBL (Direct Collection Bailiffs Ltd) with a "final reminder".

What are the appropriate next steps?

Many thanks,
Dam

Re: BaySentry Solutions Ltd - No parking permit
« Reply #12 on: »
You can safely ignore all debt recovery letters. Debt collectors are powerless to actually do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: BaySentry Solutions Ltd - No parking permit
« Reply #13 on: »
You can safely ignore all debt recovery letters. Debt collectors are powerless to actually do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

Okay that's a relief to know, thank you for the response.

Should the tenant be paying for the headlease from land registry at this point or should this be something the Letting Agent has to supply?
We're still stumped on who has what obligations.

To be clear also regarding this case, the tenant is not the owner of the vehicle.

Re: BaySentry Solutions Ltd - No parking permit
« Reply #14 on: »
In England and Wales a tenant has no automatic right to a free copy of the head lease from the letting agent, and the agent has no general statutory duty to supply it. However, if your tenancy agreement purports to bind you to comply with terms of the head lease (or the parking rules arise under that head lease), it is reasonable to request the relevant extracts. Many agents/landlords will provide those parts (rights granted, regulations, plans).

If they won’t, the practical route is to obtain an official copy from HM Land Registry yourself. It’s inexpensive and avoids delay.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain