Hi all,

I have received 2 Parking Charge Notices (for different contraventions) that are at different stages. I have received the NTK for infringement 1 while infringement 2 occurred on August 31st so I still have a few days before the NTK is sent.

I am looking for some advice as I feel both have been administered unfairly. Please let me know if it's advisable to open a new thread for the second PCN to avoid confusion.

PCN 1

For a windscreen ticket (Notice To Driver) please answer the following questions....

1 The date of infringement?

04/08/2017

2 Have you yet appealed to the parking company yet? No

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

If you haven't appealed yet - ,.........

have you received a Notice To Keeper? (NTK) - YES

what date is on it - 05/09/2017

Did the NTK provide photographic evidence?

YES

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) NO

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

5 Who is the parking company?

Millennium Parking Services

6. where exactly [Carpark name and town] did you park?

Live in a rented flat in Cardiff,

returned from holiday on August 3rd to find out the car park (private parking) was to be regulated by Millennium Parking Services starting on August 1st.

We were unaware they were being brought in.

Each flat has one allocated space but I live with my partner, both have cars so when the building management company provided us with permit we had one for a permanent resident (my partner uses) and one visitor pass

- I used the visitor pass and placed it in the windscreen.

Now the contravention Millennium Parking Services have said is that it wasn't displayed clearly.

As I wasn't provided with the plastic pocket I placed it in the corner of my windscreen.

The photos that Millennium have taken are from an angle where you can't see the expiry date or that it states Visitor permit.

The PCN was issued 3 days after they began regulating and you can clearly see it is the permit we have been provided.

What advice would you give for this contravention?

I have attached an image of the permit,

the permit displayed on the day and the image the NTK has provided.

PCN 2

For a windscreen ticket (Notice To Driver) please answer the following questions....

1 The date of infringement?

31/08/2017

2 Have you yet appealed to the parking company yet? No

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

If you haven't appealed yet - ,.........

have you received a Notice To Keeper? (NTK) - NO

what date is on it - N/A

Did the NTK provide photographic evidence?

N/A

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) N/A

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

5 Who is the parking company?

Millennium Parking Services

6. where exactly [Carpark name and town] did you park?

As mentioned in PCN1 we have private parking, and although we have 2 cars unfortunately there's only 1 car parking space allocated but there are 4 visitor spaces specifically for the building apartment.

However upon moving into the flat I asked the estate agent what the process was for residents who had 2 cars and the response was that it's "first come first serve" for the visitor spaces and that other residents use them to park their car in.

The contravention on PCN 2 is that I was parked for longer than the prescribed time.

I have attached an image of the signage around the car park which does advise 'visitors' can only park for 24 hours and there's no return for 24 hours

I work in Cardiff and walk back and forth to work

my car will often be left for 2/3 days without use at a time

I don't want this ticket to be the first of many.

I have written to the building management who it seems don't want to get involved

feel at a bit of a lose end as I can't see the point of appealing.

Any help for either will be very much appreciated

- please let me know if it's easier to start a second thread for the second PCN.

I will be back on here around 5pm tomorrow evening

so will respond to any questions or queries then.

Thanks in advance guys!

IMG_2700.pdf

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IMG_2940.pdf

I would suggest supremacy of contract you win here??

Might be worth getting together with other tenants to have a pop at the Management Agents to try to boot the fleecers out, is there an issue with chancers parking in Resident bays at the site?

Otherwise as per DX your Tenancy/Lease conditions would trump Millennium anyway if 2 spaces allocated to your property in the tenancy documents.

I wouldnt be in a hurry to appeal to them, they are members of the IPC and their appeals system is crooked by their own admission so not worth entering into.

The signage says they are BPA members when they are not, this is against the law so makes the contract void anyway but that wont stop them trying their luck

You had an agreement with the managing agents who hired them that trumps their claim so this rubbishes the first ticket.

As for the second one, wait for the NTK and then it may we worth writing to them ONCE just to create a paper trail to show you are reasonable and they are not should they want to take things further.

You can also sue them for breach of the DPA in obtaining your keeper details when they had no reason to do so, contrary to their KADOE contract. Again, worth considering later.

Your tenancy has the legal force of the lease to protect you from these bandits applying any conditions on parking in your own spot.

They should know this but again either try their luck (and succeed quite often or they wouldnt go near residential parking) or are badly advised (Will and John at the IPC are the worlds most brilliant legal minds as they are Gladstones solicitors so that cant be the case!) and may blunder on regardless of logic.

In the meanwhile you can ask the council to instruct them to remove the signs as thery are in breach of the advertising display regs of the 2007 Town and Country Planning Act

Sorry for the delay

- I've gone through the tenancy agreement and there's nothing in black and white confirming the parking situation,

we've just had verbal communication with the estate agents while the building management have never mentioned anything about parking to us.

As per reply from brassnecked I've left notices around the building asking for information from other residents regarding any potential PCN's they may have received and any grievances they may have.

I've also emailed the building management asking who owns the land which the car park is on but I'm waiting for them to get back to me.

Message timed out before I completed it. In short, sit tight and wait for them to get in touch but just build up evidence against them?

Thanks for taking the time to reply, it's much appreciated.

the tenancy agreement wont say anything,

it is the LEASE that will.

the tenancy passes over those rights to you.

the building management wont help you,

they pocket a backhander for introducing these bandits to the site

so you will have to rely on what you have already in that part

read other posts on residential parking so you get to know your enemy