Yesterday, 09:21 PM
@KHarHar, before I can sensibly advise you any further, I need to know exactly what you said in the appeal to P4Parking.
The important issue is whether you identified yourself as the driver. If you appealed saying things such as "I parked", "I did not have a permit", "I was not given a permit" or otherwise made it clear that you were the person driving, then you may have shot yourself in the foot on one potentially useful defence. P4Parking would no longer need to rely on Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability from an unknown driver to the registered keeper, because they would already know who the driver was.
That would not make the charge automatically valid, because there is still a potentially much stronger tenancy/primacy argument here. If your tenancy or associated documents grant you the right to use that specific allocated space, and do not make that right conditional upon displaying a permit, then the later introduction of P4Parking and its permit scheme does not necessarily override the rights already granted to you.
The agent's response also rather misses the point. This is not simply a case of "you parked without displaying a permit". If a permit was necessary to exercise the parking right included with the tenancy, then somebody should have ensured that you were provided with one or at least told that one was required.
So, before going any further, please post:
Once I have those, I can tell you much more accurately where you stand.
The important issue is whether you identified yourself as the driver. If you appealed saying things such as "I parked", "I did not have a permit", "I was not given a permit" or otherwise made it clear that you were the person driving, then you may have shot yourself in the foot on one potentially useful defence. P4Parking would no longer need to rely on Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability from an unknown driver to the registered keeper, because they would already know who the driver was.
That would not make the charge automatically valid, because there is still a potentially much stronger tenancy/primacy argument here. If your tenancy or associated documents grant you the right to use that specific allocated space, and do not make that right conditional upon displaying a permit, then the later introduction of P4Parking and its permit scheme does not necessarily override the rights already granted to you.
The agent's response also rather misses the point. This is not simply a case of "you parked without displaying a permit". If a permit was necessary to exercise the parking right included with the tenancy, then somebody should have ensured that you were provided with one or at least told that one was required.
So, before going any further, please post:
- The exact wording of the appeal you submitted to P4Parking.
- The relevant tenancy wording dealing with the parking space, permits and any obligation to comply with estate regulations.
- The email or other document confirming that the numbered parking space was included with the flat.
Once I have those, I can tell you much more accurately where you stand.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
