Car Parking fine assistance

[RobK88]

Hi

I live in apartment block and have an allocated parking space. When I moved in I parked in this spot and was waiting for my permit to come through. During that time, I have received a parking ticket, the company is UKPC. I challenged this due to my parking in my spot and was awaiting for my permit to come through - this was subsequently rejected.

I firstly received letters from Zenith but this has now been passed to SCS Law saying I have 14 days to make payment - would you advise to look to challenge this further? I feel aggrieved to pay as I am parking in my spot and I had nowhere else to park whilst waiting for the permit, which has now arrived.

Any assistance or comments would be helpful.

Many thank

[ostell]

What does your lease say about parking? How do you know it is your spot ?

[RobK88]

Hi
So each car parking space is numbered and then each apartment is allocated one spot. This is in the contract. So when we moved in, I applied for the permit and my car was parked in the allocated spot. During the time I was waiting for the permit, I got a ticket.

It would have been helpful for the estate agents to inform me prior about having to apply for a permit prior to when I was moving in, but that's another story.

[luxardo]

You will get nowhere with the parking company, they will just keep saying you owe it. Let them take you to court, it will be laughed out by a judge. In fact they know this so won't bother.

[ostell]

So, again, what does your lease say?

Your lease has primacy of contract and so you have no need of another contract to park.* Does your leas say you have to display a permit otherwise you have to pay money to a third party stranger?

[luxardo]

So, again, what does your lease say?

Your lease has primacy of contract and so you have no need of another contract to park. Does your leas say you have to display a permit otherwise you have to pay money to a third party stranger?

I would argue it doesn't matter what his lease says about a permit scheme. He clearly has an allocated parking spot, it says so in his contract/lease/tenancy and as such he has the right to use it with or without a permit.
Even in the highly unlikely event (as you enquire) that a permit scheme forms part of the contract (and I have never seen this, it's always the freeholder's management company who instigate these schemes) I repeat my claim that any action would be laughed out of court given the circumstances.

[ostell]

That's why I asked what the lease says.