09 Mar 2015

A question about : VCS PCN strange circumstances/ appeal advice

Hello all

I have spent the last few hours checking forums as I got a PCN from VCS. Got the usual looking PCN Ј60 if paid within 14 days etc..

The situation is we was parked in our own allocated space for an apartment we own. Our permit has been through the washing machine so not in great condition but we have had no problems in 6 or so months.

I would like to appeal on the basis that although the permit was not readable no offence has occurred due to it being our own space for an apartment we own.

How do you guys think it would go? I contacted the building manager who said it was out fault due to the permit being unreadable but we are up for a fight. We got told VCS where being used to stop others using our car park not to charge us also!

I am at work currently but will provide any extra information needed asap.

Any help would be great!!

Best answers:

  • In what sense is it your space? Does something in your leasehold give you rights over it, and if so does it say anything about permits?
  • Explain how you own it and what proof you have to back this claim up.
  • I would have to drag up my copy of the leasehold but when purchasing the property it did say it came with a parking space which is numbered as the apartment number.
    I can check at home tonight for any specific wordings. Would it make much difference? In another post I noticed it said if they take you to court they would have to prove how parking there cost the land owner money?
    Cheers
  • It could make a huge difference.
    Google for UKPC v Davey ... your situation could be the same.
  • http://www.consumeractiongroup.co.uk...ss-**SUCCESS**
    And remember ANYTHING in your lease trumps anything the may say.
  • Just had a look. Good on him. I contacted my solicitor who says I dont own the space just exclusive rights to it. He has sent me my lease so I will have a look when I can.
    How do you guys think I stand at the moment?
  • Just had a look. Good on him. I contacted my solicitor who says I dont own the space just exclusive rights to it. He has sent me my lease so I will have a look when I can.
    How do you guys think I stand at the moment?
  • Not had chance to see the lease yet but if it says I am required to always show the permit is that game over?
  • Pretty good by the sound of it, depending on exactly what the lease says. You want it to say that you have an exclusive right to use the space as and when you see fit and...nothing else! Especially nothing about this being subject to stupid permit schemes.
  • Just had a quick look and from what I can see it doesn't mention anything regarding parking. Only has an image at the bottom showing my space.
    Will need to go over it again once at home as hard to see on a phone.
  • don,t forget to tell them that they are trespassing on your property , the next time they enter it , you will obtain an injunction and claim for damages
  • I can virtually guarantee that it will say nothing about permits.
  • The only caveat is whether it mentions managing agents and their ability to vary terms to enable the efficient running, management and maintenance of the complex. This might give some leeway to introduce a parking permit scheme.
  • Thanks for all the replies so far!
    I have found a small section regarding the parking but basically just says I have exclusive use of the space but cant put anything silly like a caravan etc there.
    You guys think I should appeal?
    I should also point out this is my partners car and registered to her so they will not have her details.
  • The exact wording of your lease word for word especially the bit on parking is important- as is any mention of rights to vary terms etc etc
    the exact wording as it is - no summaries shortenings edits abbreviations or deviations word for word only taking out personal identifying details such as location and replacing it with something generic such as Location X
    theres not enough information in your post
    Quote:
  • Soon as I am home I will type it up word for word and search for anything that might suggest that they can vary it.
    Thank you