Yesterday, 09:41 PM
(Yesterday, 09:21 PM)b789 Wrote: @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:
- 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.
Again, many many thanks for your help
1. The text of my appeal is as follows:
"Dear Sir/Madam,
I am writing to formally appeal the above Parking Charge Notice issued to my vehicle while parked in Space x.xx
I am the legal tenant of Flat xxx, having recently moved into the property. Space xxx is allocated exclusively to my property, as confirmed in writing by my letting agent prior to move-in (see attached email confirmation). Furthermore, my tenancy agreement explicitly references the requirement to return parking permits at the end of the tenancy, confirming that parking rights are attached to this property.
As a newly moved-in resident, I was not handed the physical permit by the letting agent upon handover, an administrative error that is currently being rectified. As the contractually authorized occupier of this allocated space, I hold primary right of occupation, and no loss or breach of contract has occurred to the landowner.
Please find attached:
Written email confirmation from the letting agent confirming Space x is allocated to my tenancy.xx
The relevant section of my tenancy agreement referencing parking permits.
Proof of my tenancy/residency.
Given that I am the legitimate resident with rights to Space xxx, I request that this Parking Charge Notice be canceled with immediate effect, and that my vehicle registration be whitelisted while my physical permit is reissued.
Yours faithfully,"
They then sent an email asking for more evidence, which I responded to with:
"Thank you for your correspondence requesting evidence regarding my appeal for Space 169.
As stated in my initial appeal, I am the new legal tenant of Flat XXX (Space XXX). As a newly moved-in resident, the physical permit was omitted at handover by the estate agent [ESTATE AGENT] and is currently being reissued via Building Management.
As evidence that I am the contractually authorized user of Space 169 and hold primary right of occupation, please find attached:
Written Pre-Tenancy Confirmation: Email from [ESTATE AGENT] explicitly confirming Space XXX is allocated to my property.
Tenancy Agreement: Copy of my tenancy agreement showing my residency at Flat XXX and the parking permit return clause.
Building Management Case Ref: Proof that a ticket has been opened with Building Management to issue the replacement permit and authorize cancellation.
Given that I am the verified resident with exclusive rights to Space XXX, I ask that this charge be canceled or placed on hold while Building Management completes the permit reissue."
2. The relevant tenancy wording dealing with the parking space, permits and any obligation to comply with estate regulations
This is where it gets somewhat tricky, as there isn't an explicit statement that I am renting the space and my flat. Parking permits are mentioned in my tenancy agreement, but not explicitly in relation to the flat. The parking space is mentioned in the inventory document sent over by the Real Estate agent however, which I will include details of. Please find below the clauses from my tenancy agreement that are relevant (possibly) or refer to parking:
Tenancy agreement:
"*The Property, shall mean the property situated at [ADDRESS] , together with the fixtures, fittings, furniture and effects therein, and more particularly specified in the Inventory signed by the Tenant, and all grounds. It shall include the right to use, in common with others, any shared rights of access, stairways, communal parts, paths and drives."
Relevant Inventory:
"Keys Issued: Pedestrian door code .................................................................................. (CODE)
Car Park gate code ..................................................................................... (CODE)
Flat entrance ............................................................................................... 2 Yale – 2 Chubb
Miscellaneous .............................................................................................. 1 Chubb
FB2 key ....................................................................................................... 2
FB1 key……………………………………………………………………………..1
Parking space ............................................................................................. (PARKING SPACE NUMBER)"
3. The email
The email thread in question is me asking for confirmation that the space is included with the flat, to which the agent responded:
"Regarding parking, I have been informed the property comes with an allocated parking space within the complex."
I hope that this helps. Thank you very much.
