Free Traffic Legal Advice

SNAFUing this up! DO NOT conduct ANY communication by phone. Anything agreed or denied on the phone is not worth the paper it isn't written on!!!!! They are relying on you being low-hanging fruit on the gullible tree who is likely to pay up out of ignorance and fear!

Are you the lease/tenancy holder? If so, what EXACTLY does the lease say about parking? What it doesn't say about parking is equally important. For example, does the lease say anything about requiring a permit to park in your assigned space or car park?

What on earth do you mean by "other registered driver"? Where is this "register of drivers"? There is only a Registered Keeper and the only way anyone would know who the drover was on any one occasion is the driver themself or the Keeper. The Keeper is under no legal obligation to identify the driver to an unregulated private parking firm. So please try to understand the terminology.

There is the vehicle. The vehicle is registered (only for tax purposes) to either an individual or a company. There can be any number of drivers that can drive a vehicle. They do not have to be related to the vehicle or the Keeper in any way. For example, my own car insurance also insures me with third party cover to drive any other vehicle with the owners permission. If there a millions of people who have that type of insurance, then there could be millions of possible drivers for any particular vehicle.

All you need to know is that only the driver can be liable for the PCN, assuming it is a valid one, unless the PCN is fully compliant with ALL the requirements PoFA 2012, in which case, they could transfer liability from the driver, if unidentified, to the keeper.

Right now, you have received two Letters of Claim (LoC), One is for two PCNs and the other is for a single PCN. Are these for the same vehicle at the same location, just different dates? You are not obliged to respond to an LoC but it ay be useful, as they will be required to show what evidence they rely on to prove their allegation that the driver breached a contract with them.

Before you respond to any LoC, show us or at least tell us EXACTLY what the lease says about parking. We can then advise on how to move forwards.

I didn’t ask what the lease says about “the car park”. What EXACTLY does the lease say about parking? What it doesn’t say about parking is equally important. Just because you have a badge isued by the management company does not mean that a third party firm can contract you to pay them just because they were allowed to put up some signs.

Your lease has supremacy of contract, which is why I keep asking you about it. You can either try to overthink this with your misguided conception of what you rights are or aren’t or you can give me the information requested so that I can tell you what rights you have and why you have most likely been stitch3d up by both the management company and the unregulated private parking firm.

In the vast majority of these cases, neither of those parties has any right to override your lease rights to quiet enjoyment of your demised parking rights.

I won’t go on about it any more until you tell or shows us exactly what your lease or tenancy agreement says specifically about parking.

What kind of lease do you have? With who is your lease? The landowner, landlord, or their agent?

A third-party operator can’t impose terms that derogate from granted rights. If the tenancy (or the landlord’s headlease, through which your tenancy derives) grants a right to park in a specific bay, the permit is identification only; failure to display shouldn’t create a debt.

What the lease/tenancy doesn’t say can matter. Silence can favour you if the right to park is part of the demise/context (e.g. the flat was let “with space 12” from day one).