Free Traffic Legal Advice

Hi
Received the below through the post today. The pictures are of my vehicle outside my own house, the vehicle had a permit displayed. Happy to fight this all the way. Would the suggested response be about the notice not being compliant, or the fact that a permit was displayed?

You mention that a permit was displayed - are you sure? The images from CPM show an empty windscreen


You mention this being a residential case - as a starting point, can you tell us exactly what your lease says about parking?

Lease, deeds, whatever. You will have something that mentions parking at your property. What it doesn't say about parking is equally important.

So, before we can advise properly, you need to let us know the terms of your lease/deeds or whatever says about your parking rights and whether any third party can override your supremacy of contract.

Yes, the NtK is not fully compliant with all the requirements of PoFA which means that they cannot transfer liability to you from the unknown driver.

I doubt they doctored the photos but you need to know whether you've are required to show a permit at all. In the majority of residential parking cases, the operator does not have a valid contract to issue PCNs at the location. Someone at the management company thought they could introduce a third part, unregulated private parking company, stick up some signs and start issuing PCNs without taking into account the legal ramifications of this.

If your lease/deeds make no mention of a requirement to display a permit or that a third party with nothing to do with the lease can simply issue speculative invoices for parking on land that you have demised right to park on, then they are operating unlawfully and can be challenged in court. Neither the management company nor the landlord can simply change the terms of a lease without going through the proper legal channels and complying with the Landlord and Tenant Act 1987.