Author Topic: PCN in my own parking space  (Read 318 times)

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PCN in my own parking space
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Hi all,

I'm looking for a little advice after I was a bit dopey.

I have lived in a flat for 5 years now and I have a parking space assigned to me. I keep the permit in a sticky permit holder on the inside of my car windscreen. I have had no problems doing this until I stupidly put a windscreen shield over the top (on the outside) of my windscreen for a few days to keep the heat out of the car. As you can probably guess, the shield covered up the parking permit.

I have received my first PCN for this today, with the PCN dated 3rd June. I suspect I will get another two through over the next two days as I reckon I left the car there untouched for probably three days in total. Maybe more, I can't remember.

Do I have grounds for appeal by way of actually living in the flat?! The PCN was sent through the flat door for which the parking space and permit is attached to, which proves I live there at least!

Many thanks,

S

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Re: PCN in my own parking space
« Reply #1 on: »
What does your lease or equivalent say on the subject of parking and your assigned parking space?

If it doesn’t say that you need to display a permit, then you don’t. Someone else can’t invent a requirement that you do, and can’t enforce anything against you when you don’t.

However the exact words could be important, please let us know what you have signed which defines how you use your parking space.

Re: PCN in my own parking space
« Reply #2 on: »
What does your lease or equivalent say on the subject of parking and your assigned parking space?

If it doesn’t say that you need to display a permit, then you don’t. Someone else can’t invent a requirement that you do, and can’t enforce anything against you when you don’t.

However the exact words could be important, please let us know what you have signed which defines how you use your parking space.

Thanks for your reply!

AS it happens, when I moved into the flat (renting) I never actually signed anything. It's a long story but I was essentially due to buy the flat but the cladding wouldn't allow a mortgage, so I've rented it off them in the meantime whilst the cladding is assessed.

So I don't actually have any paperwork regarding the leasehold I'm afraid.

Re: PCN in my own parking space
« Reply #3 on: »
To whom do you pay rent? You may need to ask your landlord to provide you with a copy of their lease. Once you get that, tell us what it says about parking. What it doesn't say about parking is equally important.

It would help if you showed us the PCN. READ THIS FIRST - Private Parking Charges Forum guide

You’ve lived in the flat for five years, and that parking space is assigned to you. Even if you don’t have a written lease, your long-term use of the space and the permit system supports your right to park there. This right can override the rules of an unregulated private parking company.

The permit was inside your car as normal. It was only covered temporarily by a sunshield on the outside of the windscreen. You didn’t remove it or try to hide it, and this was clearly accidental. That’s not the same as parking without authorisation.

Even if the operator claims there was a breach of rules, it was minor and unintentional. It doesn’t justify a £100 charge, especially when you were parked in your own space anyway. That makes the charge disproportionate and unfair under consumer law.

Don’t appeal anything yet. Wait to see how many you receive. If you were parked there for three days, you might receive three PCNs. Once you know how many there are, you can deal with them together.

Take photos of the signs in your parking area. This will help show whether the signs clearly warn about displaying permits and what the charges are. It can also help prove that the operator didn’t act fairly.

Be prepared to appeal each PCN using the same explanation. You’ll appeal each one and explain that you are a resident, that the space is yours, the permit was in place but covered by a sunshield, and that this was a genuine mistake.

You should also complain to the managing agent or your landlord. Ask them to step in and tell the parking company to cancel the PCNs. As the resident, you have a valid reason to park there.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain