So, assuming that no other addendum are applicable to that AST, this is what your rights are under that Tenancy Agreement:
As the tenant and registered keeper of the vehicle, your tenancy agreement grants you the exclusive right to park in your allocated space. Specifically:
• Clause 2.15 of your AST confirms you may “only park in the space allocated to you.”
• This means you already have the right to use that space by virtue of your tenancy. No further permission, permit, or contract is required.
• Your AST is a legally binding contract between you and your landlord. It gives you stronger rights than any signs or demands posted later by a third party.
What your AST does not do:
• Your AST does not require you to display a permit. There is no such clause.
• Your AST does not authorise the managing agent or any third party (such as VCS) to impose additional conditions like parking charges, penalties, or permit rules.
• Your AST does not incorporate the terms of any signage or private parking scheme into your tenancy.
Why VCS cannot override your tenancy:
• A third party like VCS cannot create a binding contract with you just by putting up signs in a car park when you already have rights under your AST.
• You cannot be bound by terms (such as displaying a permit or paying a charge) that you did not agree to and are not in your contract.
• Your right to park in your allocated space arises from your tenancy agreement and is not conditional on accepting the terms of any third-party signage, including that of VCS. As such, no separate contract with VCS can be formed or enforced in relation to your use of that space.
So, your AST grants you the right to park in your allocated space. It does not require you to display a permit or agree to any third-party terms. VCS cannot impose additional requirements on you or override your tenancy rights using signs or photos. If they issue a Parking Charge Notice, you can challenge it on the basis that no contract was formed, because you already have parking rights under a separate, superior contract.
Is there a management company that handles the day to day running of the buildings? If so, have you asked them to get the PCN cancelled?
For now, appeal with the following:
Subject: Formal Appeal against PCN Ref [INSERT PCN REF] – VRM: [INSERT VRM]
To: Vehicle Control Services Ltd
I am the registered keeper of the vehicle referenced above and I write to formally challenge the Parking Charge Notice issued at Signal Court Residential Car Park, Chester.
The alleged contravention is stated as: "Parked without displaying a valid ticket/permit."
1. No Breach of Terms – Pre-Existing Right to Park
I am a lawful tenant at Signal Court and have an Assured Shorthold Tenancy Agreement (AST) that grants me exclusive use of an allocated parking space. The agreement includes the right to park in that space but does not require the display of any permit or acceptance of any third-party terms. Therefore, your signage cannot override the rights granted to me under my tenancy.
Any previous display of a permit was done entirely out of courtesy, not because of any requirement to do so under the terms of my tenancy agreement.
This position is supported by Saeed v Plustrade Ltd [2001] EWCA Civ 2011 and Jopson v Homeguard [2016].
2. No Contract Was Formed with VCS
Even if a permit was not clearly visible, which is denied, your own photographs do not show that a permit was absent. Furthermore, no contract was formed between the driver and your company. The driver did not accept your terms, nor was any consideration given. The car was parked under existing rights granted by a tenancy agreement.
You have also failed to show that the vehicle was parked for longer than the minimum consideration period, during which the driver is entitled to review the terms. Without this, no contract could have been formed in any event.
3. Non-Compliance with PoFA 2012 – No Keeper Liability
Your Notice to Keeper fails to comply with Schedule 4, Paragraph 9(2)(a) of the Protection of Freedoms Act 2012, as it does not specify a “period of parking.” A single timestamp is insufficient. As a result, no keeper liability can arise, and I am under no obligation to identify the driver.
Conclusion
There was no breach of contract, no legal basis for your charge, and no consent to your terms. As the registered keeper and lawful occupier, I require that you cancel this PCN immediately.
If you reject this appeal, I require:
1. A full explanation and the evidence you rely on;
2. A copy of your contract with the landowner showing your legal standing.
I am fully familiar with your modus operandi. You may choose to be as vexatious as you like with your predictable rejection and empty debt collection threats, but we both know how this plays out. You will eventually attempt to litigate, as is your standard business model. Be assured: if you are foolish enough to push this far, you will be met with a full and detailed defence exposing the illegitimacy of this charge, the absence of any contractual authority, and your failure to comply with statutory requirements. You have no hope of success in court, and I will pursue a costs order under CPR 27.14(2)(g) for unreasonable conduct.
