Parking Charge Notice but no ticket Options

[crashbandicoot]

Hello all. This is my first post here.

So we visited my sister's flat and the parking outside had recently changed to no longer being free guest parking (she was not made aware of this and the ).

New Generation Parking Management have since sent me a letter that I received yesterday. There was not a ticket on the car and there is not one on the car in the pictures they sent to me either. Not sure if this helps my case or not?

The date of notice was 15.06.2018 and I received the letter on 20.06.2018. I have 0-7 days to pay £35. 8-14 days to pay £60 or £100 after.

Reason given was 'No permit displayed' (it was previously a non-permit area).

Her building's concierge informed her that the parking was not changing to permit only, but I understand that this isn't New Generation Parking Management themselves and therefore may not help my case.

So I'm contemplating appealing (but then I lose my opportunity to only pay £35) but would really appreciate some advice on if it is worth doing so and what may help my case.

Thanks in advance!

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[kommando]

This will rest on what your sisters lease says are her rights to parking and by inference any guest, so get hold of the lease and read it, it will also have other sections on her rights to non interference and maybe the rights of the managing agents to change conditions (very limited if at all) .

[ManxRed]

Although the fallback position on this may well be that the 'offence' as described by the OP sounds like trespass rather than contract, so that might well also scupper them.

The lease should be your first port of call here though.

[Jlc]

There was not a ticket on the car and there is not one on the car in the pictures they sent to me either. Not sure if this helps my case or not?

The date of notice was 15.06.2018 and I received the letter on 20.06.2018. I have 0-7 days to pay £35. 8-14 days to pay £60 or £100 after.

Many companies have taken the less confrontational way of issuing tickets via post only. They don't have to issue a PCN on the car. Take a few snaps of the car and hey presto! (And it even might be a resident themselves with a 'self ticketing' operation via smartphone)

However, for keeper liability they have to deliver within 14 days. They have done this and I presume it quotes protection of freedoms act and/or the keeper can be liable?

Pictures of signage important too.

This post has been edited by Jlc: Thu, 21 Jun 2018 - 16:06

[crashbandicoot]

Hello all, thanks for your responses. So my sister's rental agreement says nothing about guest parking
And I have no photos of signs.

Starting to think might not have a case here tbh. Shall I just pay the fine while it's cheap(er)?

[nosferatu1001]

Are you absolutley sure? Did you just look for the term "parking", or did you look at - communal, facilities, pass and repass, etc?

Leases are not documents you can search for a single word on and htink youve covered the topic
If unsure send bits through here.

get pictures! Your sis can take some, surely...

[ManxRed]

Hello all, thanks for your responses. So my sister's rental agreement says nothing about guest parking
And I have no photos of signs.

Starting to think might not have a case here tbh. Shall I just pay the fine while it's cheap(er)?

What do the signs say? Can you get a pic?

There's a good chance that the sign is incapable of forming a contract with the driver, and if so, you owe them nothing.

[crashbandicoot]

Photo attached of sign.

Worth adding that my sister did spot the visitor parking permit part of the sign, however it wasn't clear how to obtain one and they didn't respond to her calls or emails. Not sure if that helps my case or just hers though.

Attached thumbnail(s)

 

[ManxRed]

As I thought, the sign is not making any offer of parking to someone without a residents permit. So it cannot form a contract with the driver of any vehicle that doesn't have a permit. If no contract is formed then there cannot be a breach (and the associated charge).

This is a Trespass issue, which they are trying to dress up as a contract breach issue, but the sign fails to do that.

For Trespass, only the Landholder can take action, and only for actual damages (of which there are none in this case) or nominal damages (say, a £1). The PPC cannot take action in their own name for a Trespass issue.

This post has been edited by ManxRed: Fri, 22 Jun 2018 - 10:34

[crashbandicoot]

But the top of the sign claims it is a contractual agreement?

Do you suggest I appeal?

[ManxRed]

I claim to be a George Clooney lookalike, but that doesn't make it true!

Under contract law, to form a contract there needs to be Offer, Consideration, and Acceptance. In this case, if you are a non-permit holder, there is no offer. The sign effectively says to you 'you cannot park here'.

There's no offer. It fails at the first hurdle.

[crashbandicoot]

Hmm okay. So how should I structure the appeal?

1) Under contract law, to form a contract there needs to be Offer, Consideration, and Acceptance. In this case, as we were non-permit holders, there is no offer.
2) No ticket on car (or is this not a defence?)
3) Not clear on how to get visitor pass and my sister asked concierge as well as trying and failing to get hold of New Generation Parking Management by phone or email (or is this not a defence?)

Just want to ensure my appeal is structured well so I have the best chance of success. Would hate to skip paying £35 and then have to pay £60.

[Jlc]

Personally I don't think this is a clear-cut forbidding sign.

There's no mileage in no PCN on the car.

I also think the instructions about visitor passes are clear. Trying to contact them does help but doesn't give an absolute defence.

They don't issue many court claims so if you're not going to take the lowest cost option you will need to be prepared to attend a hearing should they choose to raise a claim.

...and then have to pay £60.

You don't have to pay anything unless a court orders it.

[crashbandicoot]

So are you saying that I shouldn't appeal or pay? I can't be bothered with any hearings.

[Jlc]

They will reject any appeal you make. Such appeals are for the benefit of a later court claim should they be so inclined.

[crashbandicoot]

Okay, I'll consider your advice and take the appropriate action. Thank you to all that have advised