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Received parking charge notice in own parking bay after my permit fell off: am I liable?

by Murdo Maguire last modified 2007-04-18 05:46

I've recently received a parking ticket or "Penalty Charge Notice" as it was called on the yellow adhesive from AS Security Ltd. They operate a scheme in our private complex and I was parked in my bay, but due to the heat my permit adhesive had failed and the permit fell on the floor of the car. The ticket is for an exorbitant £115. May I ask what my course of action should be now as I have heard such tickets are of questionable legality anyway? I did speak to them on the phone and explain my circumstances, to which I was referred to their appeals process which I feel may just be a sham and I don't wish to incriminate myself further.

While the rules on their board almost certainly say that charges may be incurred for failure to display a valid permit, these are largely drawn as an enforcement measure to prevent others from abusing your parking rights.

You have committed no offence and as you were in effect parking in your own bay they should withdraw the ticket if you send in a photocopy of your permit in with a copy of the ticket and an explanatory letter. In the unlikely event they continue to pursue you, their only recourse would be to the County Court which would almost certainly find in your favour. It might be as well to include this point in your explanatory letter. You might also pint out that they are not allowed to refer to a "Parking Charge Notice" which is what they have issued and which has no official status as a "Penalty Charge Notice" which is an official document - indeed it is a criminal offence to do so.

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