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PCN for parking in my parking spot...
Alex87
post Fri, 22 Mar 2019 - 10:08
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Hi, I hope I can get some help. I was given a ticket because my permit fell from the dashboard, this is for a parking spot for where I live. I appealed saying I have a permit and sent a picture of it, but had a letter back saying I that my appeal was unsuccessful as I did not display my permit (typical from these private parking cowboys).
The letter says I can appeal to the IAS. Do they still need to serve a NTK? As the vehicle is a lease I know that private parking companies normally mess up on this part. I had to select on the appeal if I was the driver or registered keeper (no other option) so I selected driver, probably a mistake thinking of it now. But as I specifically didn't type that I was driving but clicked on a box can I be held liable? And what should my next steps be?

https://imgur.com/3UQ0rMk

This post has been edited by Alex87: Fri, 22 Mar 2019 - 10:36
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post Fri, 22 Mar 2019 - 10:08
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Jlc
post Fri, 22 Mar 2019 - 10:36
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If they know who was driving then PoFA/NTK's are no longer relevant.

You next step is to find out what your lease says about parking. They will almost certainly issue a court claim so needs to be taken seriously.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Alex87
post Fri, 22 Mar 2019 - 12:26
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QUOTE (Jlc @ Fri, 22 Mar 2019 - 10:36) *
If they know who was driving then PoFA/NTK's are no longer relevant.

You next step is to find out what your lease says about parking. They will almost certainly issue a court claim so needs to be taken seriously.


Hi thank you, I've read that apparently appealing to the IAS is pointless so I guess I wait for the endless letters etc and then court.

I got this after literally 2-3 weeks of moving in. Have a VERY tatty, massive permit that I don't want to stick to my windscreen as its a large square! So have it sitting on my dashboard and with the constant going back and forth with the move it was the last thing on my mind. I get that they have clear rules to display the permit, but it's not as if anyone is out of loss or I have taken someone elses spot ffs! So greedy!
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ManxRed
post Fri, 22 Mar 2019 - 12:42
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QUOTE (Alex87 @ Fri, 22 Mar 2019 - 12:26) *
I get that they have clear rules to display the permit, but it's not as if anyone is out of loss or I have taken someone elses spot ffs! So greedy!


They have rules for the precise reason that they can gouge money out of legitimate residents. No other reason. They could keep a white list of residents' registration numbers, that would be FAR easier, but that gives them no opportunity to scam money from people.

The lease will be key here, it takes precedence over the signs and their stupid rules, so dig that out, as advised.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Alex87
post Mon, 25 Mar 2019 - 12:20
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I checked my lease and the only mention of the parking is as follows:

RIGHTS FOR THE BENEFIT OF THE PROPERTY
These are sometimes called easements. These are contained in schedule 3 (page 41).
They ensure that you will have necessary rights of access to the premises and for the
supply of services to and from the premises. There are also rights of entry into other
parts of the building (upon giving appropriate notice) to carry out any necessary repairs.
There is, in particular, a right to exclusively use an allocated parking space which is
shown marked P24 on the plan attached to the lease.
There are also some rights which are reserved for the landlord and other tenants.
These are set out in schedule 4 (page 43).


There is nothing further in page 43 that mentions parking.

Bare in mind the spot my car is in, is one a neighbour has let me use since I moved in.
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ostell
post Mon, 25 Mar 2019 - 13:46
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So what does P24 show on the lease of the person letting you use the space?

If the space belongs to the flat then the parking company do not have any authority to operate in that space.
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Alex87
post Mon, 25 Mar 2019 - 14:55
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QUOTE (ostell @ Mon, 25 Mar 2019 - 13:46) *
So what does P24 show on the lease of the person letting you use the space?

If the space belongs to the flat then the parking company do not have any authority to operate in that space.

No, P24 is the number of the spot (mine). So it isn't referring to page 24 if that's what you mean.
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ostell
post Mon, 25 Mar 2019 - 16:27
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OK, there is an allocated space exclusive to the flat. So you need a letter from your neighbour confirmng that the has given you permission you use the space that he owns for parking. You've got to tie up where you are parking to having permission to park there. With having permission from the landholder to park there there is no need to enter and alleged contract to park with a third party stranger.
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