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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 233
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I moved in to the property through the letting agent. Before

Customer Question

I moved in to the property through the letting agent. Before move I asked if the property has a parking space (in writing) and have been old that the property has one car park space which at later date I have been shown by letting agent exactly which one.
On my second day in new home while I parked my car in the space indicated by letting agent. I realised that I have 2 penalty charge tickets issued for parking vehicle without permit. I was shocked as the letting agent never mentioned anything about permit.
I called the agency and explained of what happened. I have been told that they need to check and they will get back to me. Later on that day (after me chasing the letting agent) they have provided me with telephone number to managing agent where I have been told I should contact in order to receive permit. I have been trying several times to call number given but did not managed to contact anyone on that day. Left with no choice had to wait until next day morning as I believe the managing agent office was close already when the letting agent provided me their number.
“Surprisingly” next morning I had another penalty charge issued… I have managed to contact the managing agent that morning and they issued my a temporary number as a permit.
After I contacted my letting agent few times asked how they wants to resolve a payment now but every time I have been told that someone will get back to me but no one ever did…
I appealed against all those penalty charges but my appeal was rejected and of course I had to pay for all 3 tickets as they were issued under my name.
I even made a journey to see my letting agent again to ask how do they want to deal with the matter and also to told them that I appealed and been rejected…again I have been told that they need to speak with the landlord and definitely someone will call me later that day. Of course no one did.
After 3 days since I visited their office I received email from my letting agents to advise me to appeal against those tickets!!!! (despite the fact I already told them that I did!)
At this point I had enough and I send them email below:
“It looks like you have a problem with communication in your office. I already informed you in person when I came to your office on Monday 6h June that I have appealed against all 3 parking tickets however my appeal was rejected. I have been told on Monday that someone will get back to me on the same day and advise me. It took you 3 days to send me and email only to say exactly the same thing what I told your colleague I already did when I came to your office !
The whole situation now got to the point where I am now very frustrated and exhausted of dealing with your company to be honest!
You as my letting agent who charged me a fee for using your services were legally obligated to fulfil me with the correct procedure with regards ***** ***** property and parking which you failed to do so! I believe the reason of this was your miscommunication or lack of communication between your company and the landlord of the property however I can not see the reason why I should be accountable for your company mistakes where I paid my fess for your services.
As per above I would like o inform you that iam now liable o settle the penalty charges as they are under name, which I am going to do it today, however there will be a rent deduction made for the total of 3 penalty charges. I will provide you with the confirmation of payment as soon as i will be able to.
Finally just want to let you know that I am extremely disappointed from your services. I have been using many different letting agents in the past but I have never had so much stress while now! Moving in to the new property should be a happy and exciting time for anyone therefore I shall thank you for making my time! “
And received reply:
Dear *****iel,
I am very sorry to hear that you are disappointed with our service so far and hope that this will not be the case for the rest of your tenancy.
As soon as we, in the property management department, were made aware that you needed the parking permit, I provided you with everything you needed to secure it and one was issued shortly after. You knowingly parked without a permit before it was issued and were therefore fined. You may not deduct this from the rental payment or arrears fines will be issued until the money is repaid.
As a tenant you do have a responsibility to secure your own permit, this isn’t something we can do for you unless a transferable one is provided. Please see clause 13.3 from your tenancy agreement.
13.3 “ this is a tenant responsibility to verify whether they are eligible for Residents Parking Scheme operated by relevant local authority. The granting of this tenancy does not imply a right to obtain resident parking”
It is regrettable you have received these fines but they are neither the landlord’s nor Foxtons liability.
The property where I moved
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
The property where I moved in is a gated private property operated by private parking company.Could you please advise if I can deduct money from rent payment?
Expert:  propertylawyer replied 5 months ago.

Hi Daniel

Thanks for your question.

I will consider and do some research on your question and come back to you soon.

Kind regards

Paul

Customer: replied 5 months ago.
thank you. Looking forward to hear from you.
Expert:  propertylawyer replied 5 months ago.

Hi Daniel

I have had an opportunity to review your question and consider.

You cannot deduct the parking charges from the rent. There is no statutory provision that you can rely on to do this.

It disappointing that neither the landlord nor the agent supplied you with the appropriate information on parking and that you required a permit prior to the tenancy commencing to prevent you from incurring fines.

I think it will be very difficult to recover the money from either the landlord or the agent. In addition, to repeat what I have said above, you cannot deduct the money from rent.

I hope this helps clarify the position.

Please can I ask you to accept / rate positively.

Kind regards

Paul

Customer: replied 5 months ago.
But it was clearly letting agent neglect and I dont understand why I should be accountable for their mistakes when I paid fees for using their services and they failed to deliver a service. It was absolutely out of my control to avoid getting these tickets therefore I cant believe there is nothing from the "legal site" what I can do to protect myself?
Expert:  propertylawyer replied 5 months ago.

I am sorry but you cannot deduct the funds from rent.

You could try to bring a claim against the agent on money claim online. You insert details of the claim and the court will issue the claim. You have to pay a fee. Problem is is trying convince the court that the agent owed you a duty, breached it and you suffered loss. I do not think your chances of success are high and you may end up further out of pocket after paying the claim fee.

I do sympathise with your position and personally feel that you should have been made aware.

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