PCN received for not displaying permit - residential parking - UKPC

[LifeInTheBusLane]

Hi there,

The driver received 2 PPCs for parking in a residential car park that "requires a permit". Driver is a new resident and was awaiting a permit.

I've now received the NTKs (No breach of POFA or anything) and am ready to get a POPLA code and appeal.

I just wondered if somebody would be kind enough to inspect the signage -

https://imgur.com/a/OBUQ0

It's very small and the "£100" charge is not displayed prominently at all.

There is signage at the entrance but it only says "No unauthorised parking" and there are no terms on this sign.

I'd like to appeal on grounds of insufficient signage and primacy of contract (however, I'm not the "leaseholder" as I'm privately renting through a letting agent).

Thanks for any advice you can give.

[LifeInTheBusLane]

Re: PCN received for not displaying permit - residential parking - UKPC

Sorry... I'm not sure why it's here - I tried to post this in the PPC forum

[Amethyst]

Re: PCN received for not displaying permit - residential parking - UKPC

I'll move it for you xx

[Kati]

Re: PCN received for not displaying permit - residential parking - UKPC

[MENTION=5553]charitynjw[/MENTION] [MENTION=101521]Gevans67[/MENTION] ... can you help??

[ostell]

Re: PCN received for not displaying permit - residential parking - UKPC

You may be just renting but your rental agreement/lease must say something about parking. This would take precedence over the signs etc. Get out your agreement out.

As for those conditions. You were authorised to park. If they think they were not authorised then there is no offer of a parking contract. The sign on the parking bay says residents only. You were and you complied with that sign.

[charitynjw]

Re: PCN received for not displaying permit - residential parking - UKPC

Do you have a written tenancy agreement?
If so, what does it say about parking?
Ditto 'quiet (or peaceful) enjoyment' of the premises?

X-Posts with [MENTION=39331]ostell[/MENTION]

[LifeInTheBusLane]

Re: PCN received for not displaying permit - residential parking - UKPC

I have a written tenancy agreement with the letting agency/landlord. But I don't have access to the lease between the landlord and managing agent/landowner.

There is literally only one mention of parking and it is this:


"To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors. "


That's it. Nothing else about parking anywhere in the contract.


Interesting clause here under "Landlord Obligations" that may be relevant -


"DECLARATION: The Landlord confirms that he is the sole or joint owner of the leasehold or freehold interest in the Property registered at the HM Land Registry and that all appropriate consents and permissions necessary for him to sign the Tenancy Agreement have been obtained. The Landlord also confirms that he is not aware of any works or development to any premises or buildings in the neighbouring area which may prevent the Tenant from his quiet enjoyment of the Property."

Thanks for reading!

[charitynjw]

Re: PCN received for not displaying permit - residential parking - UKPC

UKPC, so BPA member.

Make initial complaint to UKPC, invoking primacy of tenancy agreement.
This may help - http://parking-prankster.blogspot.co...rking.html?m=0

[LifeInTheBusLane]

Re: PCN received for not displaying permit - residential parking - UKPC

UKPC, so BPA member.

Make initial complaint to UKPC, invoking primacy of tenancy agreement.
This may help - http://parking-prankster.blogspot.co...rking.html?m=0

Thank you!

I'm thinking of going with this -

---

Dear Sir or Madam,

Ticket number:
Vehicle registration number:

I am writing to you as the keeper of the above vehicle. You issued me with a parking ticket on --- but I believe it was unfairly issued. I will not be paying your demand for payment for the following reasons:

• Primacy of Contract

My lease has primacy of contract over any restrictions you place on the land.

As my lease contains no clauses requiring a permit to park nor any clause requiring me to make payments to any third party who is a stranger to that lease, the issuing of the ticket is unlawful.

There is a large body of case law which establishes this. In Saeed v Plustrade Ltd [2001] EWCA Civ 2011 it was found the managing agent could not reduce the amount of parking spaces available to residents. In Jopson v Homeguard [2016] B9GF0A9E, on appeal it was found that the parking company could not override the tenant's right to temporarily stop near the building entrance for loading/unloading.

In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.



• There was insufficient signage

The signage in the carpark is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms can not apply to cars without a permit. This means no contract can be formed and all tickets are issued illegally. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

I’d also like to draw your attention to Link Parking v Mr L C9GF5875 [2016] where it was found that there was no entrance sign at a residential site and as a result the case was dismissed. Please see attached evidence (Photo1) showing a lack of signage at the entrance.

The signs also do not meet the minimum requirements in part 18 of the BPA code of practice. They were not clear and intelligible as required.

The BPA Code of Practice states under appendix B, entrance signage:
“The sign must be readable from far enough away so that drivers can take in all the essential text without needing to look more than 10 degrees away from the road ahead.”

For a contract to be formed, one of the many considerations is that there must be adequate signage on entering the car park and throughout the car park. I contend that there is not (again, please see attached evidence).

When with reference to the BCP Code of Practice, it actually states:
"There must be enough colour contrast between the text and its background, each of which should be a single solid colour. The best way to achieve this is to have black text on a white background, or white text on a black background. Combinations such as blue on yellow are not easy to read and may cause problems for drivers with impaired colour vision"

Your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Furthermore, the prominent “Residents Only” signage (without any terms or conditions) is confusing. This signage is very clear and upon seeing these signs, as a resident, one would reasonably conclude they are permitted to park there.



Please ensure that all points above are responded to and if you are choosing to pursue me further I will require a POPLA code for each PCN that has been issued.

I also demand that you provide me with a copy of the authorisation you have for the --- site.

[charitynjw]

Re: PCN received for not displaying permit - residential parking - UKPC

Ok.

Going in 'hard' for the initial 'soft' appeal may nip it in the bud.

Go for it, see how they respond.

[LifeInTheBusLane]

Re: PCN received for not displaying permit - residential parking - UKPC

I'll let you know how it goes.

Thanks everyone for your help and advice!

[faarah]

I hope this message finds you well. I am writing to seek your assistance with an issue that I believe to be unfair. I have recently received two Penalty Charge Notices (PCNs) from Parking Control UK (PDUK) despite having a valid parking permit, which I have been using correctly for the past four years as a resident of my flat.

The reason for the PCNs, as stated by PDUK, is that my permit was not clearly visible on the dashboard. While I understand the importance of displaying the permit correctly, I assure you that the permit was indeed on the dashboard. Unfortunately, due to unforeseen circumstances, such as wind or the positioning of the sticker, it may not have been fully visible at the time.

I have already appealed to PDUK, explaining the situation and requesting leniency, particularly given my consistent compliance with parking regulations over the years. Despite my appeals, PDUK has refused to waive the fines and is now demanding a payment of £200.

As a long-term resident who has always adhered to parking rules, I find this situation to be particularly distressing. The cost of living is already challenging, and an additional £200 fine is a significant burden on my family and me.

Given these circumstances, I am reaching out to you for your support in resolving this matter. I believe that PDUK should consider the mitigating factors and my history of compliance when reviewing these fines. I would greatly appreciate any assistance or advice you could provide on how to proceed.

Thank you for taking the time to consider my request. I look forward to hearing from you.

[des8]

faarah
Could you please start your own thread, and when doing so post up copies of all documents you have received,
A copy of your appeal might also be useful