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Advice needed - no permit provided, ticketed while parked in allocated space.
#7
(Yesterday, 11:43 PM)b789 Wrote: @KHarHar, that is useful and actually helps. On what you have quoted, there is nothing in the tenancy requiring you to display a permit, participate in P4Parking's scheme, or pay a third-party parking charge for failing to display one.

The clause about complying with headlease/covenant obligations also appears qualified by the words "a copy of which has been provided to the Tenant". If no such parking-related obligations were ever provided to you, that clause does not obviously assist the landlord or P4Parking in imposing some undisclosed permit regime after the event.

However, I still need you to check the tenancy agreement for all references to parking, not merely references to "parking permits".

Please search the agreement for terms such as parking, car, vehicle, motor vehicle, space, garage, bay, estate regulations, regulations, communal areas, common parts, management company, headlease, covenant and allocated space.

What I am trying to establish is whether there is any clause anywhere which:
  • expressly grants or restricts parking rights;
  • identifies a particular parking space or bay;
  • requires vehicles to display a permit;
  • requires compliance with parking regulations or a managing agent's rules;
  • permits the landlord/managing agent to introduce or vary such regulations during the tenancy; or
  • makes parking conditional upon compliance with any third-party scheme.

So far, the documents you have quoted are favourable: the inventory identifies a specific parking space, the agent expressly confirmed before the tenancy that the property came with an allocated parking space, and the tenancy contains no permit-display obligation that we have yet seen.

But I want the complete parking-related picture before drawing a firm conclusion.

Thanks - I'll run through each of the terms that you have mentioned 
  • Parking - All of the references to parking are above - there are no others.
  • Car - None
  • Vehicle -  the only clause relates to not keeping a variety of non-roadworthy vehicles on the property:
     "Not keep any vehicle that is not validly licensed for use on the highway, any commercial  vehicle, boat, caravan, trailer, hut or shed on the Property."
  • Motor Vehicle - none
  • Space - only refers to loft space and space heater
  • Garage - only one clause referring to keeping bikes within agreed spaces:
    "Not keep motorcycles, cycles, e-bikes, e-scooters or other similar machinery in any  communal areas, or inside the property, except in any defined outside area or garage."
  • Bay - None
  • Estate Regulations - None
  • Regulations - Only references are to Gas Safety regulations, electrical device regulations, and home businesses under the Tenant act (or as defined by regulations made under it).
  • Communal Areas - only the above note on cycles and e-scooters.
  • Common Part - Obstruction to 
     "Not cause obstruction in any common areas of any building of which the Property forms  a part. The Landlord reserves the right to remove or have removed any such obstruction  and, at their discretion, to charge the reasonable costs, payable on demand, to the Tenant  for so doing."
  • Management Company - No mention of management company, only mention of 'company' is insurance related, and no mention of 'management'.
  • Headlease - Two mentions. One is the above:

"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."

Then one really interesting one (potentially) 

"The landlord agrees with the tenant as follows: ... To provide a copy of the insurance and any freehold or headlease conditions affecting the  behaviour of the Tenant."

I don't know if this is the case - but if the parking scheme constitutes a condition of a freehold or headlease, have the Real Estate agent then breached the contract by not providing it to me? Which has then caused me damage through the parking ticket? (possibly getting ahead of myself here).

  • Covenant - only the above clause
  • Allocated space - none.


Thanks again for your help and prompts!


Messages In This Thread
RE: Advice needed - no permit provided, ticketed while parked in allocated space. - by KHarHar - 5 hours ago

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