Free Traffic Legal Advice

hi folks

There are parkings bays in block of flats which were unenforced earlier but now they started enforcement by issuing penalties to unauthorized drivers including those who live there but forget to display parking permit. Is there any way to appeal if you lives there but forget to display the permit. Also can these types of parking companies take you to court for registering CCJ against you if you contest the fines until the end but lost. The said parking company is registered under Approved registered scheme and can liaise with DVLA to access the driver details. According to the reviews about this parking company, that is their kneejerk approach to issue the penalties. Should this penalty be ignored after appeal rejection which most probably they will incline to do. Are they permitted to issue more than one penalties if the car remain there?

Its a rented property with periodic tenancy agreement and tenancy agreement is silent about this. But I have been parking there from 6 years in front of my ground floor flat and these parking bays are inherently belong to this block of flat. It has recently been started enforcing and the management company issues one permit per flat without specially enrolling the registration number of the vehicle. According to signage, the permit must be displayed at all times which implies that even if you forget then will be slapped with penalty. So, is there any way to challenge it because according to people reviews they always refuse your appeal and keep on sending you bailiff notices.

tenancy agreement is silent about parking but management did give notices few months ago of introducing the private parking company. And the management company is a freeholder of the block of flats and is private ltd perhaps comprise on couple of people. Worth mentioning that parking company is IPC affiliated and can take data from DVLA. Can these companies follow all the way to court after threatening letters.

By the way is there any cap on number of penalties which can be issued if the car is not moved. How about if private parking company registered with IPC try to issue multiple penalties then would not it violate the IPC code of practice when challenges.

The IPC code of practice is no longer in force. You may wish to consult the Private Parking Sector Single Code of Practice. Section 8.3 would seem relevant to your question about the issuing of multiple charges for a single parking event.

From PoFA:

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

[...]

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

As for your question "how to prove that the notice arrived considerably later than the assumed date that it should have been reached within 2 days from the date of dispatch", you'd need to consider what evidence you could present to demonstrate this. In practice, it can be rather difficult to rebut the presumed date of delivery - if it was as simple as just saying that it turned up later than expected, everyone would just say that.

It's real situation not hypothetical. If it is difficult to prove that you have received notice later than 14 days then how the parking company can prove that they have genuinely sent on the date that they printed on notice. These notices aren't sent by recorded delivery or even with the first class stamp but through cheapest means.