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Permit not clearly displayed even though it was - Printable Version +- Private Parking Ticket Legal Advice (PPTLA) (https://pptla.uk) +-- Forum: Legal advice forum (https://pptla.uk/forumdisplay.php?fid=3) +--- Forum: Parking Charge Notices forum (https://pptla.uk/forumdisplay.php?fid=4) +--- Thread: Permit not clearly displayed even though it was (/showthread.php?tid=81) Pages:
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Permit not clearly displayed even though it was - SDC.99 - 05-12-2026 This case concerns a Parking Charge Notice (private parking firm) issued by Countrywide Parking Management Ltd, relating to an alleged contravention on Saturday, 25 April 2026. The notice itself is dated Tuesday, 28 April 2026, and I first became aware of it via received initial notice. The notice appears to have been issued as Other. Issue method detail: Warden took photos of the permit and vehicle. The PCN was then arrived through post .. Driver identified status: NO. Equality Act considerations: No. The location is stated as The Chapel Estate, SO14 5GL. A preliminary Protection of Freedoms Act (PoFA) assessment indicates NOT_APPLICABLE: PoFA timing check is unavailable for 'Other' issue method. Route applied: Not specified. The notice is treated as given on Thursday, 30 April 2026 (5 days after the alleged event). Current stage: - Notice responded to: No - Debt recovery letters: No - Letter of Claim: No - County Court claim: No I’m a resident at The Chapel Estate and I’ve received a PCN from Countrywide Parking Management. I’m looking for advice on how to handle this, as today (May 12th) is the final day of the 14-day discount period. I thought I had 28 days to appeal. The Incident: I was actively cleaning my car in my usual spot. The warden actually encountered me while I was cleaning; I told him I was just finishing up. He then went away to check other cars in a nearby location. In the time it took me to go up to my flat to put the vacuum and extension lead away, he circled back. From my balcony, I saw him taking photos and issuing the ticket immediately. It appears he waited for the exact moment the vehicle was unattended to "pounce," despite knowing I was the resident attending to the car minutes prior. I still had to come back out and sort the car out like the dashboard and therefore would have fixed the permit. The Location Error : The PCN lists the location as Chapel Estate SO14 5GL. However, I was parked in a completely different area of the estate at SO14 5FJ (the street down from the location listed). Since the notice specifies a different street/postcode than where the car was actually located, is this helpful ? The Permit: I have a valid resident permit, I’ve been a resident for 20 years. In their evidence photos, the permit is visible. Although the "heading" was slightly obscured, every vital piece of information is clearly legible. Previous History: I have had 3 or 4 tickets from this company here before for the same issue (permit visibility). I ended up paying those after appealing and I likely identified myself as the driver in those previous appeals. Will this affect my ability to appeal as "Registered Keeper" now? Please can I have advice on the strongest next steps and defence points for this case. https://ibb.co/album/zsYqrd RE: Permit not clearly displayed even though it was - b789 - 05-12-2026 Welcome to the forum @SDC.99. I should first advise you that you should ignore the 14 day "mugs discount". That is simply a bribe to make their life easier and to obscure the defects in their "invoice". Just because you have mistakenly paid these in the past has no bearing whatsoever on this case. That's a pity, because there are many flaws in this one. Do not imagine for one minute that you are dealing with a proper firm with any rights. They are simply ex-clampers who are quite happy to scam anyone for money. First of all, let's consider whether they have any right whatsoever to issue a charge for parking at your own property where you have lived for 20 years. You need to show me the section of your lease that covers parking. Anything about parking. Also, what your lease doesn't say about parking is equally important. For example, does your lease mention any requirement to display a permit? If you've lived there for 20 years, I doubt it. Even if it does, it must be very specific, which I doubt it was 20 years ago. Your lease overrides any later parking regime that is not documented in your lease. If your lease says you can park a vehicle but does not mention anything about being liable to third party for charges, then you are not liable. These rogue firms know that most people have no idea about their rights and are quite happy fleecing unsuspecting mugs out of their hard earned money. The gullible tree is ripe with low-hanging fruit who are easily intimidated into paying out of ignorance and/or fear. A Parking Charge Notice (PCN) is simply a speculative invoice from an unregulated private parking firm for an alleged breach of contract by the driver. These firms have no powers to issue fines. They are not a local authority. Also, there are problems with the dates on the Notice to Keeper (NtK) you received. If you're really worried abut the 14 day "mugs discount", they PPSCoP requires them to offer it for 14 days from "receipt" of the notice, not the date of the notice. If the NtK was issued on Tuesday 28 April, it is deemed received 2 working days later, Thursday 30 April. Therefore the discount must be offered until Thursday 14 May, not the 12th. The immediate priority is to stop identifying the driver. Your account currently says “I was cleaning my car”, “I told him”, “I saw him”, etc. You, the Keeper, must only refer to the driver in the third person. No "I did this or that". Only "the driver did this or that". Understand? Also, there is a serious problem with their sign. The only relevant displayed term appears to be: “All vehicles must display a valid parking permit clearly within the front windscreen.” That is the term they would need to rely on for “Permit Not Clearly Displayed”. However, the permit was in the front windscreen, and their own photo shows a Countrywide resident permit was visible. If the permit number and location ID were readable, then the practical purpose of the term was satisfied: the operative could identify that a resident permit existed and could verify it. A minor obstruction of the heading or top part of the permit is not automatically a contractual breach. The question is not whether the permit was perfectly displayed. The question is whether it was displayed sufficiently clearly for the operative to determine that it was a valid permit for that site or area. On the evidence you have described, that is the key argument. There is also an ambiguity problem. The sign does not define what “clearly” means. It does not say that every part of the permit must be fully visible, nor that the heading must be visible, nor that a permit is invalid if slightly obscured despite the permit number and location ID being readable. Any ambiguity in a consumer-facing parking term should not be interpreted in the most punitive way possible. The sign also appears to create a permit-holder parking regime. It is not really an open contractual offer to anyone to park for £100. It says vehicles must display a valid permit, green permit holders must park in green-lined bays, red permit holders in red-lined bays, and vehicles must be within a marked bay. For a resident with a valid permit, the question becomes whether there was any material failure to comply with the permit display requirement. If the permit was identifiable and the operative could read the key details, the alleged breach is weak. The residential angle remains the stronger point. Even if the sign is capable of creating terms for visitors or unauthorised vehicles, Countrywide still need to prove that they can impose a £100 contractual charge on a long-standing resident whose parking rights may come from a lease, tenancy, licence or estate arrangements predating their scheme. A sign alone does not automatically override existing residential rights. As for not identifying the driver, the NtK fails PoFA 9(2)(a). As you have already pointed out, it fails to specify the relevant land. Even more importantly, if fails to specify the period of parking. A single date/time stamp of 25/04/2026 17:44 is NOT a "period of time". There is plenty of persuasive case law to get that thrown out in court. Also, without identifying a minimum period of consideration by the driver, no contract could have been formed. Yet another breach of the PPSCoP. The list goes on. This rogue firm is easily beaten if they try to take it to court. They are members of the IPC, a corrupt organisation that exists solely to protect its members. Any initial appeal is futile and as they are IPC, any secondary appeal to the IAS (also owned by the IPC) has little to zero chance of success. An anonymous Walter Mitty pretending to be a qualified solicitor will reject the appeal. In the extremely rare instance that one is successful, I always advise the appellant to go buy a lottery ticket. Where this would be successful is at a small claims hearing in the county court. The odds of this actually reaching that stage is slim to none. Most of these cases are eventually discontinued by the claimant once they realize that they have little chance of being successful in court. A District Judge is the only tru arbiter of these disputes and of the very few that ever get as far as an actual hearing, they are won because these rogue firms and their incompetent bulk litigators are easy to defeat. So, for now, I suggest you ignore the "mugs discount" deadline. Show me the relevant section of your lease that concerns parking. Once I know what that contains or does not, I will be able to tell you exactly how strong your case is. Whilst any appeal is futile, we will go through the motions, for the record. This will take about a year or more to complete but I an assure you that if you follow the advice, you will not be paying a penny to these scammers and you will learn a lot about your rights and how to defend them. RE: Permit not clearly displayed even though it was - SDC.99 - 05-24-2026 Firstly thanks b789 for the detailed response, appreciate it. So i’ve got a tenancy agreement from 2007 and I’ve been renting here ever since. I've attached what the agreement says on anything to do with cars and parking, and I’ve also attached another document from them that says something about parking. Since I first came here in 2007 I was given a permit. If the permit wasn’t displayed they would clamp the car (as the document says). Now they’ve changed it to a warden doing patrols and checking if the permit is displayed, and if not, they send a parking ticket in the post. Also, since then I’m not aware of any updated tenancy agreement documents or does that not matter? Also, I’ve just had another look at their evidence of the permit, and all the information that the warden needed is literally clear. We both can see it’s visible. The permit number is clearly readable The location number is clearly readable And even though that heading isn’t readable, the colour of the bay is readable; you can see it says “Green”. The warden is actually taking the mick. https://ibb.co/album/Wg4zCT RE: Permit not clearly displayed even though it was - b789 - 05-24-2026 @SDC.99, I'm reviewing the documents you provided. I just want to clarify what document the "Car Parking" one about permits is from. Is it from the Tenants Handbook or from the actual Lease? RE: Permit not clearly displayed even though it was - SDC.99 - 05-24-2026 So i’ve attached 3 documents. The tenancy agreement - 4 pages (That mention parking/cars) The tenants handbook - 3 pages (That mention parking/cars) The occupier information pack - 2 pages (That mention parking/cars) The “Car parking” document is from the occupier information pack These are all the documents I was given back then that mention parking/cars. The Tenancy agreement document is the main thing but do the other document do was given with it weigh the same ? If that makes sense,let me know if it doesn’t RE: Permit not clearly displayed even though it was - b789 - 05-24-2026 @SDC.99, that makes sense. The tenancy agreement is the main contractual document. The tenants’ handbook and occupier information pack may not carry exactly the same contractual weight unless they are expressly incorporated into the tenancy, but they are still useful evidence. They show what the parking arrangements were when you moved in, what you were told at the time, and that parking was already governed by the landlord/housing association’s residential arrangements before Countrywide’s current PCN regime. The documents appear to support the following broad position. You have been a resident since 2007. Parking was already regulated through the estate arrangements. Permits were issued as part of those arrangements, not as the source of a new contract with Countrywide. The documents refer to residents using proper/designated parking spaces and displaying permits. The old stated consequence for not displaying a permit was clamping/release fee, not a £100 postal parking charge from a third-party parking company. That does not automatically become an agreement to pay Countrywide £100 for an alleged permit display issue. There is a clear difference between the landlord/housing association setting estate parking rules for residents, and a third party private parking contractor later claiming that its signs create a separate financial liability against a tenant. The fact that there has been no updated tenancy agreement matters. If the 2007 tenancy has simply continued, then that remains the starting point unless the parking arrangements were properly varied. A later change from clamping to postal PCNs is not merely administrative. It changes the nature of the alleged liability. The old clamping provision cannot simply be treated as if it automatically became a right to issue £100 contractual charges. Countrywide would need to prove more than the mere presence of signs on site. This is residential land occupied under a tenancy which has existed since 2007, with parking arrangements already governed by the tenancy documents and estate information provided at the start of the tenancy. A third-party parking company cannot unilaterally override those residential arrangements, derogate from the tenant’s existing rights, or impose a new £100 contractual liability simply by erecting signs. If Countrywide says the tenant became bound by its later parking charge regime, it must prove the legal basis for that, including the landholder’s authority, the relevant tenancy term or estate regulation relied upon, and any valid contractual or statutory variation mechanism. The permit evidence is also important. Countrywide’s own photograph shows a resident permit in the windscreen. If the permit number, location ID and “Green” bay/area identifier were readable, the operative had the information needed to verify the permit. The allegation is not “no permit displayed”. It is “Permit Not Clearly Displayed”. A minor obstruction of the heading is weak where the essential identifying details were visible. The initial appeal should not be turned into a full witness statement. Countrywide will probably reject it anyway, and the IAS is a kangaroo court, corrupted by the fact that they only look out for their IPC members. The purpose of the initial appeal is simply to put the key issues on record, avoid identifying the driver, and preserve the position if this ever reaches a county court claim. That is where this would be properly defendable. Use this as the initial appeal: Quote:I appeal as the registered keeper. No admission is made as to the identity of the driver and I am not obliged to identify the driver. RE: Permit not clearly displayed even though it was - b789 - 05-24-2026 @SDC.99, there is one additional point I would make if I were you. In parallel with the initial appeal to Countrywide, you should make a formal complaint to the landlord/housing association. The point is not simply “please help me with a parking ticket”. The point is that the landlord/housing association introduced or permitted a third-party parking contractor to operate on residential land where you already had long-standing tenancy/estate parking arrangements dating back to 2007. They cannot simply appoint Countrywide and allow Countrywide to impose a new £100 contractual liability on an existing tenant unless there is a proper legal basis for doing so. I would frame it along these lines: Quote:Dear [Housing Association / Landlord], That should be enough at this stage. The purpose is to put the landlord/housing association on notice that Countrywide is their problem, not just your problem. If they authorised Countrywide, they should be told to instruct their agent to cancel. RE: Permit not clearly displayed even though it was - SDC.99 - 05-24-2026 Thanks b789 I will send this appeal to countrywide and I will send the complaint to the housing Association. So basically the point is, I have been given free parking by the housing Association because i’m a resident , a long standing one and therefore Countrywide can’t give me pcns, is that correct ? RE: Permit not clearly displayed even though it was - b789 - 05-24-2026 @SDC.99, broadly yes, but I would not phrase it as “free parking” because that slightly misses the legal point. The stronger point is that your right or permission to park comes from your tenancy and the estate parking arrangements that have existed since 2007. Countrywide did not grant you that right. They are only a later parking contractor brought in to patrol the estate. So Countrywide cannot simply override those existing residential arrangements by putting up signs and claiming you now owe them £100, unless they can prove that your tenancy or estate terms were validly varied to make you liable for those charges. Also, this is not a case where no permit was displayed. Their own evidence shows a resident permit in the windscreen, and the important details were readable. So even on the permit issue, they are trying to turn a minor alleged display point into a £100 charge against a long-standing resident. That is why the housing association should also be put on notice. If they appointed Countrywide, they should instruct their agent to cancel this PCN rather than allowing their contractor to interfere with existing tenant parking arrangements. RE: Permit not clearly displayed even though it was - SDC.99 - 05-27-2026 Update Landlord contacted me by phone today, saying that I need to follow up directly with Countrywide to resolve this matter. I told them that my appeal has already been submitted to Countrywide. I also told the landlord that they should not be issuing PCNs to long-standing residents, especially when a valid permit was clearly displayed. |