London Parking Solutions Parking Ticket

[polly60]

Hi This is my first post and I'd love your input!!

 

I recently bought a flat and moved in 10 days later.

 

I noticed clear No Parking without a valid permit signs.

I had not been informed how to obtain a permit

and there was no information on the signage on how to do this.

 

I received a parking ticket from London Parking Solutions that day as I was moving furniture into the flat from my van.

I was given the phone number of the managing agents of the flat and called them.

 

They had not been informed by solicitors of my acquisition of the property so were unable to issue me with a permit.

They told me that my van would be exempted from parking tickets until I could be issued with a permit.

 

I appealed against the ticket but was rejected on the grounds that I did not clearly display a valid parking permit as per the warning signs.

 

I am reluctant to waste time with an appeal to IAS as I've heard they're not as independent as they should be

and publish no details of appeal outcomes.

 

My instinct is to ignore further invoices and wait for the Letter Before County Court Claim and then fight them there.

 

 

Would I have a case on the grounds of unfair contract since, as I am entitled to park there, they have incurred no financial losses???

 

 

I am allowed two permits for 2 cars, the first is free the second is £25 payable to the managing agents.

Edited August 1, 2015 by polly60

[honeybee13]

Hello and welcome to CAG.

 

It's fairly quiet today because it's the weekend, but please bear with us as the forum guys should be along later with advice for you. They'll know what to do.

 

My best, HB

[renegadeimp]

Is it a Parking charge notice or penalty charge notice?

[polly60]

Hi, thanks for your response, it's a parking charge notice

[renegadeimp]

So its private land. Means they cant do anything. Check your tenancy and see if it states that you are allocated a parking space. If so, then that will destroy ANY claim they have as your contract overrides anything they could possibly have with the landowner. Forget about permits. If your tenancy agreement says that you have a parking space, thats all you need.

[polly60]

Unfortunately the only mention of parking in the lease which is 25 years old says that no car is allowed to be parked on the driveway which I assume is the road which runs in and out of the "Estate", where I was parked . Obviously since then the managing agents have taken on LPS to manage parking for residents and parking is now allowed on this driveway but with a "valid parking permit" which we obtain from the managing agents.

[ericsbrother]

The managing agents, like the parking company, have no say or rights whatsoever. Your lease trumps all of their agreements so what that says is the final word. It says no parking on the driveway. If you werent parked there then wherever you were parked is allowed. This is called supremacy of contract so they cant alter that and their supposed rules are an administrative convenience (convenient for them that is ) and doesnt mean anything in law.

The IAS are ignorant of much of the law or choose to ignore it as that doesnt pay their bills so for the moment just ignore any demands that are not letters before claim or letter before action. You may get a threatogram from Gladstones solicitors but they are also the IAS in another hat and act as debt collectors (busy bees arent they). My advice for a letter from them is to create a paper trail by responding on the above and say that your lease is supreme to any claim by a company that doesnt have a contract with you or the landownwer and their claim is doomed to fail and so further correspondednce will be treated as harassment.

There are cases where people have sucessfully sued these parking co's for harassment so the result will most likely be silence after that. If you get any more tickets slapped on you vehicle then warn the managaing agents that they risk being sued by you for allowing the parking company to carry on without a licence to go anywhere near your vehicle..