Free Traffic Legal Advice

I live in a flat with private parking with designated car park spaces for each flat. I stupidly forgot to display my ticket this week and have received a PCN for not displaying a valid permit.

Do I have any leg to stand on to make an appeal? It's also my first offence if that matters.

They want £60 within 14 days which is just a joke 

Thanks in advance.

Why do you think it is an "offence"? Have you broken the law?

What exactly does your AST/lease say about parking at your property? What it doesn't say is equally important.

For example, if your AST/lease mentions that you must display a permit and are liable to pay speculative invoices from an unregulated private parking company contracted by the landowner or their agent, then you may be bang to rights. Then again, if there is no mention of any retirement to display a permit or mention of you being liable pay a third party's speculative invoices, you have a valid defence. Maybe you only display a permit as a courtesy.

If your lease allows you to park with no other restrictions regarding third parties, you should be asking why are your rights being fettered. Your AST/lease cannot simply be amended by anyone, including the landlord or their agents. There is a whole legal process that has to be strictly adhered to which you can read up on in the Landlord and Tenants Act 1987, section 37 5(a) or (b) applies.

@simon_11, what makes you think that just because a management company contacts an unregulated private parking company to manage the car park and put up some signs and order you to display a permit, that any of that can override your rights under your AST/lease?

The wording (or lack of it) in your AST/lease will define your liability or not for the PCN. You have not yet told us about it.

"Parking Space" being capitalised suggests that it may be a defined term... Is there anything in your contract (usually at the start) that provides a list of defined terms, and therefore defines the parking space (ie where it is etc.).

Either way, that lease seemingly provides you the right to park a car in your space - that right isn't removed because a third party puts up some signs and sends out some permits.

As well as an appeal to PCM (which we can help with) you should also speak to your landlord and/or their managing agents, and ask why they are permitting a third party company who are a stranger to your lease, to issue £100 charges for parking in a space your lease already grants you use of.

"Parking Space" being capitalised suggests that it may be a defined term... Is there anything in your contract (usually at the start) that provides a list of defined terms, and therefore defines the parking space (ie where it is etc.).

Either way, that lease seemingly provides you the right to park a car in your space - that right isn't removed because a third party puts up some signs and sends out some permits.

As well as an appeal to PCM (which we can help with) you should also speak to your landlord and/or their managing agents, and ask why they are permitting a third party company who are a stranger to your lease, to issue £100 charges for parking in a space your lease already grants you use of.

Yes, it's defined in the interpretations section where "Parking Space" is the parking space edged red and numbered 700 & 700A on Plan 2.

These are my allocated parking spaces and I was parked well within the parking space and lines of bay 700.

I also should mention that this lease was provided just before completion date by the property developer who are also the Landlord to the managing agent (same for estate and block company) and to myself. I've not received any further amendments to this to my knowledge. 

I will ring up the managing agent to see what is happening..

Thanks for both your help on this so far.

Communicate by email is best as this provides proof of sending and receipt.

What the lease doesn't mention is equally important as what it does say. In the absence of any requirement to display a permit mentioned in the lease, not displaying one is not a breach.

You may have displayed one in the past as a courtesy, but doing so, does not imply any obligation to do so. Additionally, as there is no mention on your lease that a third party, unregulated private parking company, contracted by the landlord, can issue you with speculative invoices for an alleged breach of their third party contract, therefore, you cannot be liable for those alleged debts.

PCM are notorious for trying this on in residential car parks. Sadly, the vast majority of residents at these PCM managed car parks are ignorant of their rights and how they are protected by their leases. PCM rely on their income from low-hanging fruit on the gullible tree who have been failed by the failure of the education system to give them even a basic understanding of civil law.

Simply put, your lease has supremacy of contract over anything that is later introduced. A landlord cannot simply change or alter what is in the original signed lease. They have to go through a whole legal process involving a Tribunal and the requirements of the Landlord and Tenant Act 1987. Just have a read of section 37 5(a) or (b) to understand.

What's to dislike?

Personally my main gripe with these setups is that they are often implemented without the resident being consulted or approving of their introduction, and are managed by parking companies who will continue to pursue a resident even when they are informed that the tenant has a right to park there.

That said, given PCM will reject any first appeal, if the managing agent doesn't intervene, a "pleasant" appeal like the one proposed might well serve a useful purpose of showing the appellant to be a reasonable persons seeking to resolve the matter, whilst still achieving the goal of showing they are well informed (and demonstrate PCM to be the opposite, when they continue their pursuit).

Many leases will contain a clause something like:

"The Landlord may from time to time make and vary regulations for the management, safety, convenience, and benefit of the common parts and the Development. The Tenant must comply with all regulations made by the Landlord, provided they are reasonable and served upon the Tenant in writing.”

A PPC, or the management company, may use whatever clause is in the lease to argue a right to engage a PPC.

Checking might be worthwhile for if/when rebuttal is needed.

In this case it would appear to fail due to the parking spaces not being common areas and it not being notified anyway.