Author Topic: Parking permit  (Read 290 times)

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Offline jonesy

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Parking permit
« on: 10 February, 2018, 05:47:40 PM »
Mr DW lives in a flat where residents have to display a parking permit. He mistakenly failed to display the permit one day and received a PCN from UKPC parking enforcement. He tried to appeal but as he believed it was his fault and a lawfully issued see his original comment on FB below


I need some advice. The car park of my flat is patrolled by parking wardens, who will ticket you if you don't display your permit. Back in November they ticketed me in a misunderstanding, and as part of that appeal process I had to post them my parking permit as proof I had one. Weeks have passed, and they haven't posted my permit back to me. Since then the parking wardens have been given a code to the gate and have started coming around every few days. I've gotten 3 tickets in the past week for not displaying my permit... but I literally cannot display it because these fuckers have it!! I don't know what to do. They have no phone number to call, and the online appeals process takes 40 days to be acknowledged. I could receive 30 more tickets in that time! Does anyone have any suggestions?


as a result I then ask him some questions

1, who is the management company
2, the parking enforcement firm
3, did they cancel your first ticket when you appealed and sent back the permit,
4, who did you send the permit too and who asked you to do that,
5,Did you a letter from the managed company informing you that enforcement was going to place and later informing you that access would be provided to the warden via the key code
6 are flat occupiers visitors provided a permit for short time visits
7 Do you have to pay for permit.
8 How many other residents have been given tickets( if known)
9 Roughly how many non residents get tickets any idea?
Have ever spoken to a warden if so what was said.
Cheers
he replied

1) SDL Bigwood

2) UKPC

3) No, because their ticket was valid. The rules state you have to display a permit and I wasn't displaying my permit at the time.

4) I sent my permit to UKPC, and UKPC asked me to do that as part of the appeal process. I have the email from them where they ask for it.

5) No, no letters or anything from the management company. There are signs in the car park and my estate agent told me I needed the permit when I moved in, but no letters. Also nothing in my tenancy agreement.

6) No, there are no visitor permits issued. I guess from now on I can't have guests in my car park, they will have to pay for one of the multi stories in town, which will be hugely expensive. That being said, the wardens only seem to come at around 7am in the morning so it will only be a problem for guests staying overnight.

7) Not the initial one, that was free. I did lost it at one point and had to pay #5 for a replacement.

I've heard of at least one other getting one, but I'm sure there are more. I don't really know anyone else here so I wouldn't have heard about it.

9) No idea, sorry. Anyone who isn't displaying a permit when a warden shows up will get one, so I imagine a few.

10) No, they only come at about 7am, and I'm getting ready for work then. I've never seen one at a different time.

NoTOMOB comments and advice would be apprceaited
cherers all
Jonesy


Offline Kill Switch

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Re: Parking permit
« Reply #1 on: 11 February, 2018, 02:03:40 PM »
Firstly, speak to the council to get a temporary permit, I live in Hackney, and currently have a temp permit for a courtesy car, and wa able to get this via the council website, admin fee is applicable.  If this can be done via the council website in question, you may be able to print a temp permit, i was!

In the mean time try these numbers:
UKPC: 0870 218 3579
Dial the UKPC contact number to request information regarding the parking services provided. Individuals should also contact UKPC custmer service if they need help with resolving an issue related to outstanding parking tickets. Specific business hours for support via the UKPC phone number are not provided.

UKPC Contact Number
0870 218 3579
UK Parking Control Limited is a popular company that is well-known for offering cutting-edge parking solutions to small companies, medium-sized companies, and large corporations. These services are ideal for companies interested in establishing a safe environment for employees, patrons, and motor vehicles. With over twenty-five years of experience in the industry, UK Parking Control Limited continues to excel when it comes to implementing state-of-the art parking tactics that provide positive results. Camera parking control is one of UKPC’s most popular services. Camera parking control monitors parking lots closely throughout the entire day. This form of parking control reduces crime, and it gives patrons a peace of mind.

UKPC: 0870 280 6804
Helpline   Contact Number
Customer Services   0870 280 6804
Make A Complaint   0333 220 1030
International Number   +44 333 220 1030
A word to the wise ain't necessary - it's the stupid ones that need the advice


Offline Kill Switch

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Re: Parking permit
« Reply #2 on: 11 February, 2018, 02:12:27 PM »
Contact number source: http://www.hiddencontactnumber.uk
A word to the wise ain't necessary - it's the stupid ones that need the advice


Offline jonesy

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Re: Parking permit
« Reply #3 on: 11 February, 2018, 02:30:58 PM »
Thanks for the info Killswitch, one point though, it’s private property rental accommodation and not local council

Offline Coco

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Re: Parking permit
« Reply #4 on: 11 February, 2018, 03:22:04 PM »
If the only indication that a parking permit was a requirement was a verbal indication from the estate agent the lease agreement will have primacy,

For more information about primacy please see the following exact from Alex Shipp's website (Parking Prankster) it can be seen in context here

Primacy of Contract

The idea behind primacy of contract is that a contract cannot be unilaterally altered by one party without the permission of the other. In the case of residential parking, the lease is the key document. If this gives the resident the unfettered right to park then this cannot be altered later, for instance by requiring a permit to park.

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.

Offline Ewan Hoosami

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Re: Parking permit
« Reply #5 on: 13 February, 2018, 11:42:35 PM »
 <Yeahthat>

Also, make sure matey hangs onto that email requesting that the permit be sent in. Obviously the only reason UKPC wanted this is so that they could hang onto it while their weasel hands out charges galore. This introduces the doctrine of 'frustration of contract'. Our man wanted to abide by the rules and display his permit but was unable to because the parking company had it. I'll wager that unless our man sent it recorded then the letter will have likely been, ahem, 'lost in the post'  <Whistle>

Additionally, forbidding signage = no contract, as discovered in PCM (UK) -V- Bull,
https://bmpa.zendesk.com/hc/en-us/articles/211845529-Forbidding-Signs-PCM-UK-v-Bull-B4GF26K6-
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline jonesy

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Re: Parking permit
« Reply #6 on: 15 February, 2018, 11:02:04 AM »
Ok with your help  it seems this issue has now been resolved. The property management company have got UKPC to put a exemption marker on his car and are working to try and get the "fines " cancelled. The owner of the car is making som sort complaint but I told him not to hold his breath !!!!!
Cheers all
Jonesy

 


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