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Hello!
I live in a property that comes with an assigned parking bay. The parking bay is on leasehold land that we pay a management company to look after (hedge trimming, rubbish collection etc.).
In Summer 2018 I received a parking charge notice from CPMUK. There is clear signage in the parking areas that failure to display a valid permit will result in a PCN (£60 then going to £100 if not paid in the set time).
I have a valid permit for my parking bay, but I believe it must have slipped, either onto the floor or between the dashboard and windscreen. It was over a year ago so I can't quite remember, but in the photographs they provided there is a visible piece of paper that I can't tell if it could be the permit or not. Either way, the permit had slipped from clear view.
I wrote to them disputing the charge stating that I have a valid permit, providing photographic evidence of this, and informing them that I am the legal homeowner in possession of title deeds outlining that my property comes with that parking bay.
When we bought the house the parking scheme was already in place, but we were told we had one residential bay that was ours to exclusively use, and then left with a permit on the notice board when the previous owners move out.
I intend to fight this as I do not believe it is correct to uphold PCNs against residents in their own bay after ownership of a valid permit has been given.
I have done extensive research about this, and have read about whether there is an actual contract in place, whether the parking company has the right to pursue me for this money as they are not the land owners, and whether primacy of contract comes into play at all as this is a residents car park. But I am a little lost as to whether I have a chance with winning (or at least not paying the extortionate £250 they are claiming), and how to word my defence.
Many thanks in advance!
I live in a property that comes with an assigned parking bay. The parking bay is on leasehold land that we pay a management company to look after (hedge trimming, rubbish collection etc.).
In Summer 2018 I received a parking charge notice from CPMUK. There is clear signage in the parking areas that failure to display a valid permit will result in a PCN (£60 then going to £100 if not paid in the set time).
I have a valid permit for my parking bay, but I believe it must have slipped, either onto the floor or between the dashboard and windscreen. It was over a year ago so I can't quite remember, but in the photographs they provided there is a visible piece of paper that I can't tell if it could be the permit or not. Either way, the permit had slipped from clear view.
I wrote to them disputing the charge stating that I have a valid permit, providing photographic evidence of this, and informing them that I am the legal homeowner in possession of title deeds outlining that my property comes with that parking bay.
When we bought the house the parking scheme was already in place, but we were told we had one residential bay that was ours to exclusively use, and then left with a permit on the notice board when the previous owners move out.
I intend to fight this as I do not believe it is correct to uphold PCNs against residents in their own bay after ownership of a valid permit has been given.
I have done extensive research about this, and have read about whether there is an actual contract in place, whether the parking company has the right to pursue me for this money as they are not the land owners, and whether primacy of contract comes into play at all as this is a residents car park. But I am a little lost as to whether I have a chance with winning (or at least not paying the extortionate £250 they are claiming), and how to word my defence.
Many thanks in advance!
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