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Derby Council Issued Resident Permit Mistakenly Then Resind it without Notice


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Hi first time poster after advice and assurance !

 

 

My daughter is a student in Derby and moved into a rented city centre flat in July 2016.

There are no parking spaces allocated to the flats but the roads around the area state they are 'pay at machine' or 'permit holders'.

 

 

She visited the local authority with her tenancy agreement and proof of car ownership and was issued a residents permit, which she was charged for, valid until July 2017.

 

 

She has parked regularly in these streets without problems

 

 

19th Jan 2017 when she received a PCN.

She then received a letter dated 20th Jan stating that her flats were not included in the permit area and that the Permit was issued by mistake.

 

 

She queried this with the Authority and was told on 9th Feb 2017 that her permit was no longer valid and she would be liable for any further PCNs ( they have cancelled the one dated 19th Jan ).

 

 

However to find an alternative private parking space took time

- she eventually secured one on 12th March 2017,

 

 

in the meantime she received a further four PCNs which we contested and they have refused to cancel.

 

My argument is that they issued the permit

- albeit mistakenly

- and should either let the permit run to expiry or at least cancel it with sufficient notice to allow suitable alternative arrangements to be made.

 

 

Our next step is to go to trafficpenaltytribunal.gov

 

 

any help or advice would be gratefully received !

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To be honest I don't think you have a good case.

 

It would seem fair for the council to honour the permit, but in all likelihood they would not be able to - there will be legal definitions on how the permit scheme is supposed to be run and staff in the office can't override them. It sounds like they did the correct thing in advising that the permit was being withdrawn and they did cancel the prior PCN.

 

From there your daughter woud have continued to park in the permit bays knowing she did not hold a valid permit. There's presumably nothing faulty with the PCNs, so they would stand.

 

Costs nothing to go to the adjudicator. Is your only grounds of appeal that you needed time to find another parking space? It's not a strong hand.

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where the outstanding tickets issued before they notified her of the cancellation of the permit?

 

parking is all about contract law so there was offer and acceptance of a contract involving a parking permit. the council then found out that she is not eligible for one in the terms of the schemes so the contract and it was then annulled.

 

Until this has been notified there is an expectation of performance of the contract so they cant just say it was an error and you now have to pay some backdated fines.

 

However it appears as though the PCN's were issued after she was notified that the contract didnt exist so there can be no performance to that contract by one party ( council) even if your daughter continued to show the permit. However, they should have given her the money back she paid for the permit as they cannot keep their side of the bargain.

 

No they shouldnt have allowed her to continue to use it and they gave notice-albeit 1 day. If someone knows something is wrong why would they expect a different result each time they did it

Edited by honeybee13
Paras.
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