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#Post#: 112388--------------------------------------------------
Re: Parking fine at my own home
By: DWMB2 Date: March 7, 2026, 1:41 pm
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The reason I and other posters have been somewhat labouring the
point around the lease is because if PCM eventually sue you in
the County Court, primacy of contract would have been by far
your strongest arm of defence. There is still likely a decent
amount of time before they do take you to court (if they decide
to), which should be more than enough time for your parents to
obtain a copy of their lease from the landower. But, if they are
unwilling to help you out by doing this we will have to explore
other options.
Ok, to recap where we are:
[list]
[li]You live in a property, but have no contractual agreement to
be there, as you have been allowed to live there by your
parents[/li]
[li]Your parents likewise cannot provide you with any documents
to prove that they have any contractual agreement to be
there[/li]
[li]As a result of not being able to locate a lease, they
likewise cannot prove that they have a space(s) demised to them
via said lease[/li]
[li]You mentioned at one point "All the agreement mentions is
that the car park requires a permit", but as yet we do not know
what agreement this is, how it came into your possession, nor
which parties said agreement is between[/li]
[li]You have 2 tickets in play. 1 is for parking in a bay that
is allocated to you (via the missing lease), and 1 is for
parking in a bay allocated to a third party (the housing
association).[/li]
[/list]
For the parking charge you have received for parking in your own
bay, the following potential arguments:
[list type=decimal]
[li]Primacy of contract. The parking spot is demised to your
parents, who granted you permission to park in it. A difficult
argument to run without evidence.[/li]
[li]No contractual offer - we have not yet seen photos of the
signage (this would be useful), but if it requires the
displaying of a permit, there is an argument to be made that the
signage is prohibitive, insofar as it doesn't make a contractual
offer to those without a permit to park. The downside here is
that you do have a permit, it simply wasn't displayed.[/li]
[li]No commercial justification - you had a permit, but simply
forgot to display it, and as such now they are aware you have
one, there is no commercial justification for continuing to
pursue you. The counter argument here might be that there is a
commercial justification for penalising non-diplay, on the basis
that the wardens who patrol need to be able to identify who is
entitled to park where, so that they can effectively manage
parking. This argument could potentially be overcome.[/li]
[/list]
For the parking charge you have received for parking in the
Housing Association's spot, the 'No contractual offer' argument
would seem to be the best fit, again, subject to what the signs
say.
#Post#: 112396--------------------------------------------------
Re: Parking fine at my own home
By: luke2397 Date: March 7, 2026, 4:12 pm
---------------------------------------------------------
[quote author=DWMB2 link=topic=10077.msg112388#msg112388
date=1772912470]
The reason I and other posters have been somewhat labouring the
point around the lease is because if PCM eventually sue you in
the County Court, primacy of contract would have been by far
your strongest arm of defence. There is still likely a decent
amount of time before they do take you to court (if they decide
to), which should be more than enough time for your parents to
obtain a copy of their lease from the landower. But, if they are
unwilling to help you out by doing this we will have to explore
other options.
Ok, to recap where we are:
[list]
[li]You live in a property, but have no contractual agreement to
be there, as you have been allowed to live there by your
parents[/li]
[li]Your parents likewise cannot provide you with any documents
to prove that they have any contractual agreement to be
there[/li]
[li]As a result of not being able to locate a lease, they
likewise cannot prove that they have a space(s) demised to them
via said lease[/li]
[li]You mentioned at one point "All the agreement mentions is
that the car park requires a permit", but as yet we do not know
what agreement this is, how it came into your possession, nor
which parties said agreement is between[/li]
[li]You have 2 tickets in play. 1 is for parking in a bay that
is allocated to you (via the missing lease), and 1 is for
parking in a bay allocated to a third party (the housing
association).[/li]
[/list]
For the parking charge you have received for parking in your own
bay, the following potential arguments:
[list type=decimal]
[li]Primacy of contract. The parking spot is demised to your
parents, who granted you permission to park in it. A difficult
argument to run without evidence.[/li]
[li]No contractual offer - we have not yet seen photos of the
signage (this would be useful), but if it requires the
displaying of a permit, there is an argument to be made that the
signage is prohibitive, insofar as it doesn't make a contractual
offer to those without a permit to park. The downside here is
that you do have a permit, it simply wasn't displayed.[/li]
[li]No commercial justification - you had a permit, but simply
forgot to display it, and as such now they are aware you have
one, there is no commercial justification for continuing to
pursue you. The counter argument here might be that there is a
commercial justification for penalising non-diplay, on the basis
that the wardens who patrol need to be able to identify who is
entitled to park where, so that they can effectively manage
parking. This argument could potentially be overcome.[/li]
[/list]
For the parking charge you have received for parking in the
Housing Association's spot, the 'No contractual offer' argument
would seem to be the best fit, again, subject to what the signs
say.
[/quote]
I can try and get them to find some sort of lease agreement
again. Going by other posters questioning, my parents own the
flat and have in the past rented it out, I then moved in but
didn't sign a lease agreement with them.
Going by my recent post about my appeal, given the fact that the
specific one that I'm getting chased for. (Of the 2 fines I've
got only 1 currently is being actively pursued) Is for me
parking in a bay I'm entitled to park in but forgot a permit.
And I have stated that I forgot my permit and submitted evidence
of me having a permit. What are the likely directions that this
goes down?
#Post#: 112398--------------------------------------------------
Re: Parking fine at my own home
By: DWMB2 Date: March 7, 2026, 4:21 pm
---------------------------------------------------------
[quote author=luke2397 link=topic=10077.msg112396#msg112396
date=1772921544]
Is for me parking in a bay I'm entitled to park in but forgot a
permit. And I have stated that I forgot my permit and submitted
evidence of me having a permit. What are the likely directions
that this goes down?
[/quote]
Essentially, as I said in my post above. They might cancel. If
they don't, then you can run the various arguments above. PCM's
likely argument will be that you're only entitled to park in
that bay if both have and display a permit. There are arguments
you can raise against this, as I outline above.
The strongest of those arguments would be showing that you had
the express permission of the owners of the space to park there,
but of course this comes back to proving the primacy of contract
(i.e. that they own the space to be able to assign such
permissions to you). The other arguments are as above.
#Post#: 112758--------------------------------------------------
Re: Parking fine at my own home
By: mickR Date: March 10, 2026, 5:23 pm
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what was the "agreement" you read that said you need a permit.
who was the agrement issued by and addressed to whom?
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