Free Traffic Legal Advice

Hi everyone.

I've got three PCN's from VCS for failing to display a parking permit.

I live in student accommodation that has an underground car park, and my tenancy agreement entitles me to the use of a parking space.

The tenancy is through a lettings company that contract VCS to enforce the parking restrictions.

I was provided an access fob to the car park when my tenancy began but was told a permit was on its way through the post, it never arrived.

I made two attempts over the phone (no proof i know) to get the permit and was told it was on the way, it didnt arrive again.

I also have an email with the then building manager for the tenancy company, replying to my email request for a permit stating - 'your apartment includes parking bay 3, you are ok to park there without a permit however, please let us know if you ever receive a ticket so we can cancel this for you'.

Based on their word, i parked without a permit for a few months, i received a few tickets which they did have cancelled for me. However, the staff turnover at the lettings company is like nothing else and i currently have three tickets that are being ignored by the lettings company, or people i've contacted have played dumb/ passed the buck/ ignored me.

I've accepted its now me against VCS who have obviously rejected my two appeals as it's in their interests to do so, i've not appealed through IAS as i've read this is pointless.

There are signs in the car park, permit holders only, permits must be displayed etc.

My tenancy agreement does state permits must be displayed, but makes no mention at all of enforcement from a third party for failing to do so, they also failed to issue me a permit for the space im entitled to and instructed me to park without one, insinuating they could have the tickets cancelled (which they have apart from the recent three, but ive exhausted this option with them now and i do not believe they'll have these tickets cancelled).

VCS are stating its my responsibility to obtain a permit - again, i have evidence that i made attempts to do this and was denied one, told to park without one.

This is everything my tenancy agreement says about parking -

'15. Cars and Parking
15.1. To park a private vehicle only at the Premises, if applicable
15.2. To park in the car parking space, garage or driveway allocated to the Premises,
 if applicable.
15.3. To display a valid permit in your vehicle whilst parking in the car parking space, garage or
driveway allocated to the premises, if applicable.
15.4. 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.
15.5. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
15.6. Not to park any vehicle at the Premises that is not in road worthy condition and fully taxed.

The tenancy shall include the use of one parking space. This will include an additional Ł50 deposit for
the parking fob, which will be refunded to the tenant on the basis that the fob be returned in full
functioning order at the end of their tenancy.'


It makes no mention of their obligation to issue me with the permit, and also no mention anywhere about third party enforcement relating to breaches.

I'm concerned that I've accepted the lettings companies complacency, parked on their word and now they've let me down, im not sure where i stand.

Any advice would be massively appreciated, thank you!

Thanks for your response, i've uploaded pictures of the sign (i think)

Please show the Notice to Keeper (NtK) with ALL dates and times unredacted.

It looks like you have a solid case to argue against the enforcement of these PCNs based on several factors. These are the key points that will be useful for your defence when the time comes:

Lack of Permit Delivery: You made reasonable efforts to obtain the permit, as evidenced by your phone calls and emails. The fact that the lettings company failed to deliver the permit places the burden on them, not you. You can argue that this failure resulted in a situation beyond your control.

Tenancy Agreement: Although your tenancy agreement requires the display of a permit, it doesn't specify third-party enforcement or charges for failure to comply. This absence weakens VCS's claim that you are responsible, particularly since the agreement is with your landlord, not VCS.

Estoppel by Representation: The email from the previous building manager, stating that you were okay to park without a permit and that tickets would be cancelled, is critical. This can be used as evidence of reliance on a clear representation made by the lettings company. The lettings company's inability to cancel the recent tickets due to their staff turnover is not your fault.

Prior Cancellations: Since the lettings company previously had PCNs cancelled for you, it shows that VCS's claims were voidable. The sudden refusal to assist indicates inconsistency in enforcement and negligence on the part of the lettings company.

Responsibility for Permit: VCS claims it was your responsibility to obtain the permit, but you have clear evidence (emails) showing that you were instructed by the lettings company to park without one. This undermines VCS's argument.

There will be other points too but this is just an example of points for a defence when the time comes. There are a few other things you should do in the meantime.

You should send the following complaint to the letting company ASAP. Send it as a PDF attachment in an email and also CC in yourself. Fill in all the necessary details in the letter:

[Your Name]
[Your Address] 
[Date]

[Lettings Company Name]
[Lettings Company Address]

Subject: Formal Complaint Regarding Unresolved Parking Charge Notices (PCNs)

Dear [Lettings Company Contact],

I am writing to formally lodge a complaint regarding the three outstanding Parking Charge Notices (PCNs) issued by Vehicle Control Services Ltd (VCS) for my vehicle in the underground car park at [Student Accommodation Name], where my tenancy entitles me to the use of a parking space.

It is my understanding that [Lettings Company Name] contracted VCS to enforce parking restrictions at the property. Despite multiple attempts on my part to obtain the required parking permit, none has been issued. Furthermore, I was explicitly informed by [former building manager’s name] via email that I could park in my allocated bay without a permit and that any PCNs issued would be cancelled. Based on this assurance, several PCNs were indeed cancelled in the past. However, I now find myself with three outstanding PCNs, and my attempts to resolve the matter with your office have been ignored or deflected.

As the contractor of VCS, [Lettings Company Name] bears responsibility for VCS’s actions at this location. Your company has failed to provide the necessary permit despite my tenancy agreement entitling me to one and has failed to ensure that the outstanding PCNs were cancelled as previously indicated.

Legal Precedent 
I would also like to highlight the case Jopson v Homeguard Services Ltd [2016] B9GF0A9E, which established that a residential tenant’s right to peaceful enjoyment of their property cannot be overridden by third-party parking enforcement unless clearly stipulated in the tenancy agreement. Given that no such enforcement provision is explicitly stated in the tenancy agreement, I believe that VCS’s actions and the PCNs issued against me are without legal standing, and your company’s failure to issue the required permit has contributed to this situation.

Additionally, the email correspondence in which I was instructed to park without a permit and that PCNs would be cancelled establishes an estoppel by representation. I relied on your company’s assurances, which previously resulted in the cancellation of similar PCNs. Therefore, it is not reasonable for [Lettings Company Name] to allow VCS to pursue these PCNs now, given your company’s failure to fulfil its own obligations.

Consumer Rights Act 2015 
Furthermore, I wish to draw your attention to several key sections of the Consumer Rights Act 2015 that are applicable in this case:

- Under Section 49, your company is required to provide services with reasonable care and skill. The failure to issue a parking permit despite multiple requests, coupled with prior assurances that PCNs would be cancelled, is a clear breach of this obligation.
 
- According to Section 50, pre-contractual information provided by a trader or service provider is binding once agreed. The statement made by your former building manager that I could park without a permit and that PCNs would be cancelled forms part of the contractual terms. Your company’s failure to act in accordance with this agreement constitutes a breach of the contract.
 
- Under Section 62, terms in consumer contracts must be fair. Requiring tenants to display a permit that you have failed to provide is an unfair term, as it places me at a significant disadvantage, which has resulted in financial penalties.

Should [Lettings Company Name] not be the party that contracted VCS, I still hold you accountable for your obligations under the tenancy agreement and your failure to prevent this situation. In this case, I expect you to inform me who is responsible for contracting VCS at this location, as they too are jointly and severally liable thanks to the failures by your company morphed above.

Failure to act and ensure these PCNs are cancelled, as previously done, will result in my taking further legal action, including holding [Lettings Company Name] liable in any subsequent litigation should VCS escalate the matter to court.

If the recipient of this complaint does not fully understand the legal implications of your company’s liability in this matter, I urge you to forward it to your legal advisors. Any continued failure to address this situation will result in further legal consequences for your company.

I expect to receive a formal response within 14 days, confirming the cancellation of these PCNs or providing the information requested regarding VCS’s contracting party. If I do not receive such confirmation, I will pursue all available legal avenues to protect my rights as a tenant.

Yours sincerely, 
[Your Full Name] 
[Your Contact Details]
Tenant at [Student Accommodation Name]

Enclose copies of the three outstanding NtKs. This will put them on notice that you fully intend to fight this and that they are going to be involved in any litigation should they let VCS escalate this to a court claim. It will also, hopefully, show the different players involved and their relevance to this, such as who contracted VCS.