Forbidding Signs: UKPC v Peenith (C9QZ6915)

This is a case which you may find used against you. It concerns multiple tickets (8) at a residential site owned by Genesis Housing Association and managed by Trinity Estates. 

 

Contractual Chain

At 4, the defendant argues there is no contractual chain but UKPC (as is their normal practice) produces a previously unidentified piece of paper which they say is contractual authority.  At 6, the presence of "substantial signage" convinces the judge that UKPC do have the right to manage parking there.  

Forbidding Signs

At 9. the interpretation of the content of the signs is key. In this case the judge says he is persuaded that the signs are not "forbidding" but are capable of making an offer. He does recognise though that two different judges faced with the same sign can come to opposite views and suggests an appeal to a Circuit Judge would clarify the matter.

Was the contract valid

Towards the end is the issue of whether Trinity could actually change the terms on site since they are not the site owners but merely managers. This point was not followed up for the simple reason (from above) that UKPC hide the contracts until the last minute.

Tips

1. UKPC will try to hide their contract and may not even produce it unless challenged. You must always continue to press UKPC for a copy of the contract at every stage. You can even chase your Managing Agents for a copy under s20 of the Landlord and Tenant Act 1985.  

2. In a later case, Pace Recovery v Mr N, the tenant had a copy of their own lease/rental agreement and was able to show that that agreement had primacy over the later introduction of parking enforcement. So it can't be stressed enough to get your own lease/rental agreement and check it.

3. Multiple tickets will always get the parking company excited and will usually lead to a claim. As soon as you get one or two tickets, get involved in clarifying your lease and what it gives you. There are plenty of sources of free housing advice. It will save you money in the long run. 

 

 

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