UKPC PCN for parking outside of my home Options

[KingUlti]

Good Evening All,

just posting for advice regarding a PCN i have received parking in a bay outside my new home.

I have recently moved to this area in central Birmingham(on 9/12) and while doing my viewing and on two occasions after having moved i was assured that the parking outside of this property was available to residents and i was fine to park here.
this morning i received a PCN for being parked in a permit area without displaying a valid permit, i was not aware i needed a specific permit as my agency/landlord didnt say i needed it, they just said i have parking outside of my home.

doing some googles today i found on the Birmingham website that there is a permit i do need(which i have now applied for) but was wondering if there is any way i can deal with this PCN as i honestly didn't know and wasn't made aware by my landlord that i needed a specific permit.

also, if you look at the images the ticket guy took, you will see the sign he took a picture of and also the view of it from my car(which is as non existent as the images show, especially at night when other cars are there)

This post has been edited by KingUlti: Fri, 22 Dec 2017 - 18:00

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[Jlc]

The picture of the sign - that's your Golf around the corner, yes? Can you see around corners?

The picture of 'private parking' is meaningless.

What does your lease say about parking?

[KingUlti]

The picture of the sign - that's your Golf around the corner, yes? Can you see around corners?

The picture of 'private parking' is meaningless.

What does your lease say about parking?

"19 Car Parking
To park private vehicles only at the premises
19.1 To park in the private space allocated to the premises, if tenant is allocated a car parking space
19.2 To park in the garage or the driveway to the premises if applicable
19.3 To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the tenant, his family, contractors or visitors.
19.4 To Remove all Vehicles belonging to the tenant, his family or visitors at the end of the tenancy."

that is what is written on my tenancy agreement, nothing too specific about location

[Jlc]

Are you allocated a space?

[KingUlti]

Are you allocated a space?

all i was told is that i can use the parking outside of the house which is what i have done, its part of the reason i chose this place, i did apply for a permit on the council website this evening and my address is listed on the site(but no specific parking space is mentioned there either)

[Umkomaas]

Are you allocated a space?

all i was told is that i can use the parking outside of the house which is what i have done, its part of the reason i chose this place, i did apply for a permit on the council website this evening and my address is listed on the site(but no specific parking space is mentioned there either)

Why would you be applying to the Council for a parking permit for a private residential estate?

[KingUlti]

Are you allocated a space?

all i was told is that i can use the parking outside of the house which is what i have done, its part of the reason i chose this place, i did apply for a permit on the council website this evening and my address is listed on the site(but no specific parking space is mentioned there either)

Why would you be applying to the Council for a parking permit for a private residential estate?

I simply googled "parking permit" as i was trying to find who managed the permits for my area and i found it under the residential parking section(my road is listed, where the bays are located), i assume they allocate the parking for residents only as i am based basically in the city centre so everywhere is double yellowed.

This post has been edited by KingUlti: Fri, 22 Dec 2017 - 20:07

[Umkomaas]

I simply googled "parking permit" as i was trying to find who managed the permits for my area and i found it under the residential parking section(my road is listed, where the bays are located), i assume they allocate the parking for residents only as i am based basically in the city centre so everywhere is double yellowed.

If the Council are offering parking permits for your road, you need to contact them to determine whether the road is a public highway.

[KingUlti]

I simply googled "parking permit" as i was trying to find who managed the permits for my area and i found it under the residential parking section(my road is listed, where the bays are located), i assume they allocate the parking for residents only as i am based basically in the city centre so everywhere is double yellowed.

If the Council are offering parking permits for your road, you need to contact them to determine whether the road is a public highway.

I assume that has an effect on the pcn?

[Umkomaas]

I assume that has an effect on the pcn?

A private parking company has no rights to be issuing tickets on a public road.

[KingUlti]

I assume that has an effect on the pcn?

A private parking company has no rights to be issuing tickets on a public road.

And if it isn't a public highway?

Are the circumstances enough to get this stupid ticket binned?

[nosferatu1001]

Have you found out if it is?
You can’t get it binned if it’s private land, without getting th landowner to cancel

[Broadsman]

Have you found out if it is?
You can’t get it binned if it’s private land, without getting th landowner to cancel

I doubt he's found anything out as the council wouldn't have been open since 2054 on Friday.

You can't get it binned, that doesn't mean to say you have to pay it though.

[whjohnson]

You need to find out if the land is council or privately owned first.

If it is council owned, a private parking company cannot issue tickets on it.
If it is private land which is part of the building you live in, then your lease does not say you need a permit to park, so they cannot enforce any dodgy tickets.

Either way, they cannot enforce this. So you owe these crooks nothing.

[KingUlti]

Yeah I haven't found anything out yet as im waiting for a reply on my permit application and I don't think the offices are open.

I received another present from a ticket person this morning which I'll be sure to keep as a souvenir. The most amazing thing is that my room literally faces my car and I never hear when this person comes

[SchoolRunMum]

You do know what to do and when though? Appeal as keeper on day 26 (no sooner, and not talking about who parked, no 'I did this'). All explained here, including the reason to deliberately delay till day 26 - no later though:

http://forums.moneysavingexpert.com/showthread.php?t=4816822

Don't ask about the 14 days, that's also mentioned there.

[hcandersen]

For goodness' sake.

You are a tenant; you chose the property because it provided a car parking 'place' and yet you have still not contacted your landlord for advice. Forget the council, this is a red herring at present.

Contact your landlord who at present is out of the loop and bring them in - wrap it round their neck if you wish - but don't just sit back and wonder, do something. This is not to do with where signs are located and what they say, these are second-order issues, it's about the fundamental relationship between tenant and landlord and their rights and obligations.

I'm bemused because to me this would be the first thing I'd imagine a tenant would do, maybe there's more to the story???

This post has been edited by hcandersen: Wed, 27 Dec 2017 - 09:31

[Half_way]

From reading previous "own space" incidents ( and there are many) its absolutly critical that yo are pro active in dealing with this.
You must make sure that you have a right to use the space/land and tat pre dates any rubbish a parking company can invent.
then you MUST be proactive in protecting this right, complain to management company's/agents, landlord(s) and the parking company.
you must make them know that the parking company's behavior is completely unacceptable and they have no right to either access your personal data from the DVLA ( setting you up to potentially put a claim in against the management company and the parking company ) or to pursue charges, and you want them to pay you for your wasted time if they continue.

Sit on your backside and do nothing and things can go wrong

[KingUlti]

I have now received a reply to the 1st of 4 appeals for this nonsense 21 days after I sent it.

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[ManxRed]

Ooohhh, what's that smell?







Yes, it's b*llsh*t.

You are under no obligation whatsoever to provide them with the name and address of the driver, and you most definitely shouldn't. They can certainly pursue the registered keeper in respect of any liability they believe sits with the driver, as long as they fully comply with the act (good luck with that, UKPC), and that includes instigating legal proceedings after a period of 28 days, but don't be fooled into thinking that the 28 days are some kind of limit for naming the driver. They could issue proceedings after 228 days if they like, and you could still name the driver on day 227, and remove any liability against the registered keeper.

They are full of sh*t.