redcated the details that cant be posted online but the actual form has these and the images needed.
The dates on the notice to keep do match the dates if that's what you meant ? wasn't too sure on that one
edit : forgot to mention we have a 3 day video from our camera in the flat as it points to the parking bays, very convinient as it shows a vehcile parked in the space for 3 days, no permit (images to prove this) and no fine issued yet they were also parked in bay 5, this is one of the same vehciles that has been caught taking our space. Would it be possible as part of the defence to request the number of fines VCS have issued to vehciles from the move in day to present to show an inconsistent enforcement of the rules ? it doesnt relate to my fines enterily however it shows inconsitent treatment of people delibertly breaking the rules and not being fined where we were legitematly waiting for the landlord to sort the permit
This document outlines the facts and circumstances supporting my defense against the parking charges issued by Vehicle Control Services (VCS). It demonstrates that the charges are unfounded and unfair due to factors outside my control and the failure of the claimant to act reasonably.
Summary
We had paid for a parking permit, but a delay in receiving it, which was beyond our control, prevented us from accessing our designated parking space within the garage. As a result, we were compelled to park in spaces owned by the landlord. We were assured by the landlord that any fines incurred during this period would be voided while we awaited the updated permit. However, this has not occurred, resulting in a claim by VCS. Our actions were not deliberate attempts to breach parking rules; we had no alternative but to park in Bay 5 temporarily.
Timeline of Events
Move-in Date (01/06/2024):
I moved into the property on 1st June 2024, while my roommate had moved in a month earlier.
Prior to moving in, I requested and paid for a parking permit, including a £75 deposit and the first month’s payment.
On the day of my move-in (a Saturday), the office was closed, meaning the permit and access to the garage could not be obtained until Monday.
Landlord's Assurance:
The landlord managing the property assured us that any fines issued while waiting for the permit would be voided. We were allocated Bay 6 inside the garage as our designated space.
Initial Parking Charges:
Upon receiving the Parking Charge Notices (PCNs) in the mail, we forwarded them to the landlord, who successfully had some fines voided. For example:
An email from the landlord stated: “Would you please cancel these 3 tickets as the tenant is still waiting for the updated permit?”
However, fines related to Bay 5 remained unresolved. VCS claimed they could not void these PCNs because Bay 5 was not under the landlord’s ownership. Despite repeated attempts, VCS refused to disclose the actual owner of Bay 5.
Permit Received (23/06/2024):
On 23rd June 2024, we finally received the permit and garage key. However, on entering the garage, another vehicle was occupying our designated Bay 6.
The landlord later confirmed that Bay 6 had been sold years ago, and the current owner of Bay 14 had been informally using Bay 6 due to a design flaw. This issue rendered Bay 6 unusable.
Email from the landlord:
“The developer made a mistake with planning Bays 6 and 14, and the current owner of Bay 14 has been using both spaces due to their layout. Unfortunately, Bay 6 is effectively unusable.”
As a result, we were reassigned to Bay 6 outside the garage.
Further Issues with Reassigned Space:
On 06/07/2024, we found another vehicle occupying our new outside space. This situation forced us to park elsewhere, resulting in another PCN.
We reported this to the landlord, who responded: “Please send me the ticket, and I will ask the parking company to cancel it.”
Despite this assurance, the ticket was not canceled and remains part of VCS’s claim.
Key Issues
Delay in Access to Permitted Parking:
We paid for a parking permit and were assigned a space. However, due to administrative delays beyond our control, we could not access the garage or use our space until 23/06/2024.
During this time, we were told we could park elsewhere without penalty, yet PCNs were still issued.
Confusion Over Bay Ownership:
Bay 5 is adjacent to spaces owned by the landlord. The lack of clear signage regarding ownership led us to reasonably believe it was owned by the same landlord.
VCS has not disclosed the ownership of Bay 5, leaving us unable to resolve the issue.
Reassignment of Space:
Once we received the permit and garage key, we discovered that the designated space (Bay 6) was unusable. This was confirmed by the landlord as a long-standing issue.
We were reassigned to an outdoor space, but this was frequently occupied by unauthorized vehicles, resulting in further PCNs despite our efforts to use the space we had paid for.
Failure to Consolidate Claims:
VCS has failed to consolidate all PCNs into a single claim, issuing separate claims for the same underlying issue (parking without a valid permit). This is inefficient and an abuse of the court process.
Conclusion
The parking charges issued are unjust and unreasonable. The delays and access issues were beyond our control, and the landlord assured us the fines would be voided. VCS’s refusal to consolidate claims and provide clarity on ownership further demonstrates a lack of good faith.
We request that this claim be dismissed, as the fines were issued under circumstances beyond our control, and we made every effort to comply with the rules once a permit and clear parking arrangement were available.
Attachments:
Proof of permit payment
Correspondence with landlord
Photos of spaces (images removed for protection)
