PCNs issued on own rented Residential Parking Space |
PCNs issued on own rented Residential Parking Space |
Sat, 15 Sep 2018 - 15:58
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#1
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New Member Group: Members Posts: 9 Joined: 15 Sep 2018 Member No.: 99,898 |
My son received 4 PCNs on consecutive days from VCS for parking in his allocated parking space at the apartment he rents. The PCNs were only seen at the end of the week as he didnt use the car at all during the week. He did actually have a permit in the vehicle but it was only partially displayed.
My sons lease and associated headlease clearly indicates he has a right to the exclusive use of the space. The space allocated can be varied from time to time by the Management Company responsible for the shared areas. We appealed the PCNs on the basis that the primary contract doesn't require the displaying of any permit. The appeal was dismissed by both VCS and the IAS so I now anticipate court action. I intend to fight this as I dont think that they have any legal right to raise a PCN and the concept of counter claiming for Tresspass is something that I am now also considering. (Pearlofwisdom's thread on an identical process has increased my confidence in this area). I am not familiar with the specific court process associated with this matter but hopefully the guidance documents will be reasonably easy to follow. Any support or advice available as I work through this matter will be very much appreciated. Is it wrong to be actually quite looking forward to the fight? |
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Sat, 15 Sep 2018 - 15:58
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Fri, 5 Oct 2018 - 17:54
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#21
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New Member Group: Members Posts: 9 Joined: 15 Sep 2018 Member No.: 99,898 |
By email on the 29th Sep and post on the 1st October
Mjmkfm |
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Thu, 18 Oct 2018 - 20:53
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#22
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New Member Group: Members Posts: 9 Joined: 15 Sep 2018 Member No.: 99,898 |
I have received a reply from the new Management Company advising that they will speak to VCS. This is encouraging but I suspect that I will ultimately receive the same reply as Lynne R. They have also asked some question on whether my son is currently displaying a permit or not. I propose to reply to them and encourage them to form their own opinion on whatever VCS tell them. They have also asked a question as to whether my son is currently displaying a permit or not. He is , in order to avoid any further PCNs being issued, but doe snot accept that he is obliged to. I would propose to state this in reply. Any thoughts on this approach.
mjmkfm. |
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Thu, 18 Oct 2018 - 21:12
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#23
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
QUOTE They have also asked a question as to whether my son is currently displaying a permit or not. He is , in order to avoid any further PCNs being issued, but doe snot accept that he is obliged to. I would propose to state this in reply. Any thoughts on this approach. Yes, do that and state that no driver who has used the permit(s) related to this flat has ever accepted any contract or obligation foisted at residents unilaterally by VCS, and indeed VCS are unable to interfere with the rights in a lease agreement that they are not a party to. Point out the Landlord & Tenant Act and state to your belief/knowledge that no leaseholders have every been consulted and voted to vary their leases to allow this onerous 'private nuisance' and what VCS are doing is a serious matter of derogation from grant. Same sort of advice as here on this MSE thread: https://forums.moneysavingexpert.com/showth...d.php?t=5905605 See the Landlord & Tenant Act section about having to get 75% agreement (and not more than 10% objections) as a consensus to vary the leases, as mentioned in this thread where a scumbag PPC was beaten: https://forums.moneysavingexpert.com/showth...3306&page=2 QUOTE “The DJ's opening remarks were ''Mrs Cross, you may have some difficulty with this. The Defendant has a lease which grants her a right to park. I will hear any submission you wish to make on whether that term has been varied''.
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