Advice needed - no permit provided, ticketed while parked in allocated space.

[KHarHar]

@KHarHar, that is actually a useful development.

The agent's response does not really get them off the hook. Your tenancy expressly says that the landlord will provide any freehold or headlease conditions affecting your behaviour. If the permit scheme derives from such conditions, saying "we don't hold them, ask block management" is not an answer to that contractual obligation. I agree there is no need to push that point aggressively yet, but keep the email because it may become useful later.

More importantly, you have now achieved the practical objective going forward: the vehicle is whitelisted and you have a permit. Keep evidence of both, including the £10 payment.

As for the existing PCN, yes, I would now wait for the appeal response. You have already put the substantive grounds to P4Parking, and you have separately asked their representative to cancel it. There is little benefit in bombarding them with further argument before they decide the appeal.

If they reject it, we can then deal with the rejection properly and see exactly what basis they rely upon. At that stage the points remain:

• the driver has not been identified;
  
• the tenancy documentation supports an allocated parking right;
  
• there is no express permit-display obligation in the tenancy;
  
• any imported headlease/covenant obligation was apparently never supplied;
  
• and the landlord's own agent has now admitted that they do not even hold the material they were contractually supposed to provide.
  

For now, preserve all correspondence and wait for the appeal decision.

I'm happy to let you know that my appeal was actually accepted, and my fine was cancelled!

Thank you very very much for your assistance - I'll be a lot confident in any issues with my Estate Agent going forward (if any).

Can't thank you enough again for your assistance.

[b789]

@KHarHar, excellent result. That is the outcome we were aiming for.

Make sure you keep the cancellation confirmation, together with the whitelist confirmation and evidence that the replacement permit was issued. There should now be nothing further to do on this PCN.

The wider tenancy point is still worth remembering for the future: your documents showed an allocated parking space, there was no express obligation to display a permit, and the landlord/agent had not provided any separate headlease or covenant terms imposing one. That put you in a much stronger position than simply arguing that a permit had been forgotten.

Glad it was cancelled.