3. Landlord not provided Parking Permit, do I have to pay these tickets?
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Landlord not provided Parking Permit, do I have to pay these tickets?
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Good morning all,

I've recently moved out for the first time into a rented apartment in a block in Kent, South-East England. The apartment that I rent comes with a parking space in a private car park on the back of the property as set out in the tenancy agreement that was signed, this is maintained by a third party. When I first moved (30/04/25) in I called the Landlords Admin Assistant and explained that we were moving in and did I need a permit for parking in the car park she told me that she would check and get back to me. She got back to me on the 06/05/25 asking for my registration number in order to add me to the parking permit system which I provided minutes after the conversation on the phone.

Since this I have received 7 parking tickets for incidents dating from 30/04/25 to 12/05/25 six days after I provided my details to be put on the permit system, I have been trying to contact the Landlord or Assistants ever since and she keeps palming me off or saying she is on it, but meanwhile the fines are still not getting paid or cancelled? I tried to take matters into my own hands this morning and dispute all of the parking tickets through the email appeals as you can't appeal to these tickets over the phone. I have appealed all of the tickets, but when on the phone I asked if they had record of me being put on the system for a parking permit and he said he could not find my registration. The fines are £60 going up to £100 each if not paid within a certain amount of days but I do think I should be liable for this as it is set out in my Tenancy agreement that a car parking space is included.

Any advice would be much appreciated!
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #1 on: »
They are not “fines”, they are speculative invoices and in this case they’re completely speculative because if your tenancy agreement covers a parking space then someone else can’t pretend to offer you a contract to park somewhere you’re already entitled to use.

Just for completeness, what exactly does your agreement say in this regard.

It is very likely you have no obligation to show any kind of “permit”.
« Last Edit: May 21, 2025, 05:18:24 pm by jfollows »
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #2 on: »
Also, what was the wording of your appeals?

We really need something concrete to help you best.

https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Please also show us one of the PCNs you have received.
« Last Edit: May 21, 2025, 11:19:15 am by jfollows »
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #3 on: »
My appeals I wrote the following:
I moved into Merve Apartments on 30/04/2025 and have a signed tenancy agreement stating that I have an included parking space in my rent (page 2), I asked if I needed to do anything for a parking permit the day I moved in the landlords team said they would get back to me, they did on 06/05/25 asking for my registration which I supplied.

The tenancy agreement says:
THIS AGREEMENT IS MADE on the 30th April 2025
The Particulars
THIS AGREEMENT IS MADE BETWEEN
A. <names deleted> (“the Landlord”)
AND
B. <names deleted> (“the Tenant”)
Permitted Occupier(s):
<me and partners name>
AND IS MADE IN RELATION TO PROPERTY AT:
<address> and allocated parking space

there is no other mention of the parking space or parking permit.

The only other thing mentioned about parking are the following:
15. Cars and Parking
15.1. To park in the car parking space, garage or driveway allocated to the Property, if applicable.
15.2. To keep any garage, driveway, or parking space free of oil and to pay for the removal and
cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
15.3. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
15.4. Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #4 on: »
Apologies, see attached for a copy of one of the PCNs
« Last Edit: May 21, 2025, 12:51:14 pm by Povoas31 »
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #5 on: »
PPS will probably reject your appeals, but don’t take it personally, just about all parking companies reject just about all appeals anyway, but for each rejection you will get a POPLA code and we can help you construct a POPLA appeal. Even if POPLA reject your appeals (they may, but with guidance they may not) you’re not bound by their decision and PPS will lose in court if they want to try it on.

So follow the process and you’ll pay nothing.

You may want to “redact” your PCN post, especially since you did the same with your text earlier.
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #6 on: »
You can also write to your landlord that you hold them jointly liable for this inconvenience, and that if they ever get around to giving you a “permit” that you will only be displaying it as a courtesy and will not be bound to do so.

And that they should get these PCNs cancelled first of all. Not least because their incompetence led to their creation in the first place.
« Last Edit: May 21, 2025, 12:42:33 pm by jfollows »
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #7 on: »
You may want to redact all your personal details.

The lease excerpt implies you have primacy.  However, expect the parking company to reject all appeals and with 7 tickets in play, sue you (For a figure around £1,500).

You may wish to be assertive...
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #8 on: »
Thanks for all of the advice, the landlord is not forthcoming with anything but will try to get what you have said done.

Very frustrating, but thanks for putting me slightly more at ease.
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Re: Landlord not provided Parking Permit, do I have to pay these tickets?
« Reply #9 on: »
A very good example of why a phone call is not worth the paper it isn't written on!

Do you have to pay the "tickets"? No, you don't.  When you mention your "landlord", are you referring to the person who owns the property or their managing agent?

Your Assured Shorthold Tenancy (AST) grants you the right to park in the space without reference to any permit scheme. That right, being contractually agreed between tenant and landlord, overrides any subsequent signage or scheme introduced by the managing agent or a private parking company (as confirmed in Jopson v Homeguard [2016] and similar cases).

There’s no mention in your tenancy agreement that a permit must be displayed or that failure to do so incurs penalties. Therefore, you haven’t agreed to such terms, and you’re not bound by them.

Private parking companies rely on a driver accepting their terms by entering a contract through clear signage. But you, as a tenant with an allocated space, have not entered any new contract. Signs cannot unilaterally override your tenancy.

You have a legal right to “quiet enjoyment” of the property, which includes the parking space. Interference by third parties without lawful authority may be seen as a breach of that right.

Whilst you may have appealed each PCN individually, I advise you to send the following as formal complaint to the parking operator and to CC in your landlord/managing agent and also CC in yourself:

Quote
Subject: Formal complaint – unlawful PCNs and misuse of DVLA data

Dear Sirs,

This is a formal complaint regarding multiple Parking Charge Notices issued by your company between 30 April 2025 and 12 May 2025 to vehicle registration [YOUR REG] at Merve Apartments, Kent. I can confirm that I am the Registered Keeper of the vehicle.

I am the lawful tenant of [full address], with an Assured Shorthold Tenancy Agreement dated 30 April 2025 which includes an allocated parking space as part of the tenancy. That contractual right to park cannot be overridden by signage or any third-party scheme.

On the day I moved in, I contacted the landlord’s assistant and asked if anything needed to be done regarding parking. On 6 May 2025 I was asked to provide my vehicle registration number, which I did promptly. This was done purely as a courtesy and not because I was legally required to obtain permission to park in my own space.

Despite this, your company issued seven PCNs for the use of a parking space to which I have a legal right under contract. These PCNs are entirely without foundation. There has been no contravention. Your company has no lawful authority to impose terms or restrictions on a tenant’s demised premises. There is no contract between us.

Worse still, you have obtained my keeper data from the DVLA despite having no reasonable cause to do so. This is a clear breach of the KADOE agreement and the UK GDPR. A formal complaint has already been submitted to the DVLA and further action is under consideration. I reserve the right to bring a claim under Article 82 UK GDPR for unlawful use of my data.

Whoever contracted your company to operate at this location is jointly and severally liable for your actions. That includes the unlawful acquisition of my DVLA data, the misuse of that data, and any interference with rights granted under my tenancy agreement. No party had the authority to alter the terms of any tenancy or lease relating to demised parking without full compliance with the Landlord and Tenant Act 1987, in particular section 37(5).

You are now formally required to do the following:

• Cancel all Parking Charge Notices issued to [YOUR REG]
• Confirm in writing that my personal data has been erased under Article 17 UK GDPR
• Confirm that no further action will be taken

You have 14 days to resolve this complaint in full. If you fail to comply, this matter will be escalated to the Information Commissioner’s Office and any other relevant authority without further notice.

Yours faithfully,

[Your name]

You should also file a formal complaint with the DVLA which I will provide the template for shortly.
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