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

[KHarHar]

@KHarHar, yes, that answers the important questions and, importantly, I do not think you have identified the driver in either of those appeals.

You consistently describe yourself as the tenant/resident and refer to "my vehicle", but you never say that you were driving or that you parked it. Ownership/keeper status and driver identity are not the same thing. So, unless there is something else you have sent them which identifies the driver, I would continue on the basis that the driver has not been identified. Do not now volunteer that information.

The tenancy position is also rather better than I initially feared. The tenancy defines "the Property" by reference to the contents of the Inventory, and that Inventory expressly identifies Parking space [number]. You also have the agent's pre-tenancy confirmation that the property "comes with an allocated parking space within the complex". Taken together, that is useful evidence that use of that particular space formed part of what was granted with the tenancy.

What I would want to check next is the exact wording of the tenancy clause dealing with parking permits, particularly the clause requiring permits to be returned at the end of the tenancy. The crucial question is whether anywhere in the tenancy you are actually required to display a permit, comply with a third-party parking scheme, or pay parking charges for failing to do so. A clause merely requiring any permit to be returned when the tenancy ends is not the same thing.

I would also slightly temper some of the wording used in your original appeal. "No loss or breach has occurred" is not particularly helpful because private parking charges do not depend upon the operator proving financial loss. Likewise, I would not rest the argument solely on a broad assertion of "primary right of occupation". The stronger point is much more concrete: your tenancy documentation and inventory appear to grant you use of this specific allocated parking space, and we need to establish whether that grant contains any condition requiring display of P4Parking's permit.

So please post the full permit-related clause from the tenancy. Subject to what that says, you potentially have both the tenancy/parking-right argument and, because the driver appears not to have been identified, any applicable keeper-liability arguments still available.

That is certainly encouraging! Thanks for the insight and advice. I'll refrain from any sort of loss or breach language going forward, I perhaps got a bit ahead of myself with that  

Here are all of the mentions of a permit in my agreement:

Deposit return clause:

"Subject to The Deposit Protection Service (The DPS) terms and conditions, the Deposit  will be refunded, less any deductions, once the following have been completed:
1. the tenancy has ended and possession of the Property has been returned to 
the Landlord and
2. all keys, access devices, remote controls and parking permits have been 
returned and
3. both parties have confirmed their acceptance of any Deposit deductions"

Return of property:

"Not change the locks (or install additional locks) to any doors in the Property, nor make  additional keys for the locks without permission. All keys, access devices, remote controls  and parking permits are to be returned when possession of the Property is returned to the  Landlord."

Similar clause in Tenancy section:

"Return all keys, access devices, remote controls and parking permits for the Property, on  the last day of possession (or sooner by mutual arrangement)."

Notably, there is nothing in the tenancy agreement that states that I must display the permit, comply with any third-party scheme or pay any charges to do so. 

There is a clause that reads: 

"Perform and observe all valid obligations, a copy of which has been provided to the  Tenant, of any headlease or covenant on the Property, save for those relating to the  payment of rent or service charges, and to refund to the Landlord all losses, reasonably  incurred, in relation to any breach of these obligations."

However no such obligations were communicated to me in any way - including in the supporting documents that they sent after signing of the agreement (they were the inventory, gas safety cert etc etc).