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Live cases legal advice => Private parking tickets => Topic started by: empire on November 12, 2024, 11:13:33 am

Title: Re: PCM parking charge notice on my own parking bay
Post by: mickR on November 23, 2024, 10:10:13 am
spot on
Title: Re: PCM parking charge notice on my own parking bay
Post by: b789 on November 22, 2024, 03:42:59 pm
You need to review the lease you signed when you purchased the property. Tell or show us any mention about parking.

Form what you've told us so far, this is my understanding: The lease grants the leaseholder (you) the exclusive right to park in the designated parking space (No. 339 on Plan 2). There is no mention of needing to display a permit or any form of compliance with third-party parking enforcement.

The lease permits the landlord to designate an alternative parking space, provided it is done "acting reasonably." There is no evidence of a specific requirement imposed by the landlord to follow a parking scheme managed by PCM Ltd. or any other third party.

Restrictions such as no parking of untaxed/unroadworthy vehicles or washing cars apply to the common parts, not to the exclusive use parking spaces.

So, based on the limited information we have, we can adduce the following:

The lease is the governing document for the relationship between the leaseholder (you) and the landlord. Any terms imposed by a third-party, unregulated private parking company that conflict with the lease are likely unenforceable. For PCM Ltd’s requirements (e.g., displaying a permit) to be enforceable, they would need to be incorporated into the lease through a formal variation agreed upon by all parties.

The management company claims they have no control over PCM Ltd. (doubtful) This raises the question of whether PCM Ltd has authority to act on behalf of the landlord. Without such authority, PCM Ltd’s enforcement actions are unlawful.

The leaseholder has a legal right to "quiet enjoyment" of their property, including the parking space. Imposing charges for parking in the designated space without displaying a permit constitutes a breach of this right.

You should write to the management company with something along the following lines and see what their response is:

Quote
Dear [Management Company Contact/Title],

Re: Parking Charges Issued by Parking Control Management Ltd

I write regarding several Parking Charge Notices (PCNs) issued by Parking Control Management Ltd (PCM) concerning my use of the parking space [Space Number, e.g., "No. 339"] associated with my property at [Your Property Address]. I require your immediate attention and clarification on this matter.

Lease Terms and Lack of Requirement for Permits

According to the terms of my lease, I hold an exclusive right to use the designated parking space without conditions requiring the display of a permit or adherence to third-party parking enforcement schemes. Specifically, my lease grants me:

• The exclusive right to park a vehicle in the space, without mention of any obligation to comply with parking restrictions imposed by third parties.

• No contractual obligation to PCM Ltd, nor any requirement to display a parking permit.
In light of this, PCM Ltd’s actions are in direct contradiction to my leasehold rights.

Request for Evidence of PCM Ltd’s Authority

If PCM Ltd has been instructed to enforce parking regulations within the estate, I formally request documented evidence of the following:

• The legal basis upon which PCM Ltd has the authority to issue PCNs to leaseholders for parking in spaces they have the exclusive right to use under their leases.

• Confirmation that any variation to the lease granting PCM Ltd such authority was made in accordance with the requirements of the Landlord and Tenant Act 1987, Section 35, including consultation with and agreement from all affected leaseholders.

• A copy of the agreement or contract between the management company and PCM Ltd, outlining their authority, duties, and responsibilities regarding enforcement within the estate.

Joint and Several Liability

If no such evidence can be provided, please be advised that I will hold [Management Company Name] jointly and severally liable for the actions of PCM Ltd as your agent. This includes any losses, damages, or legal costs incurred in defending against these unjustified PCNs, should this matter proceed to litigation.

Immediate Action Required

I request that you:

• Confirm within 14 days that all outstanding PCNs issued by PCM Ltd in relation to my parking space have been cancelled.

• Provide the requested documentation supporting PCM Ltd’s authority and compliance with the lease terms and statutory requirements.

Failure to act promptly will leave me with no choice but to pursue legal remedies to enforce my leasehold rights and recover any costs incurred.

I trust this matter will be resolved amicably and without further unnecessary escalation. Please address your response to me at the above address or via email at [Your Email Address].

Yours sincerely,

[Your Full Name]
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 22, 2024, 01:20:33 pm
They are not"Penalty Notices" and you must not call them that. They are Parking Charge Notices and are simply speculative invoices. No appeal to PCM was ever going to be successful.

The only way this will be resolved is if/when they try to sue you in the small claims track of the county court for the alleged debt. They will be required to prove that they have a valid contract from the landowner that supersedes your Tenancy Agreement or the Head Lease. I seriously doubt they can do that but they will try and scare with useless debt collector letters who you can safely ignore.

What have the management company said about it?

Hi b789,
I emailed the management company twice and they just ignored my emails with regards to this issue.
I phoned them and they said that I liable to pay that PCM even if I have the right to park there as per my lease contract. On the phone they said they have no saying in the way Parking Control Management ltd manages the parking area. They said that this firm just manages the parking space as it considers proper.
Title: Re: PCM parking charge notice on my own parking bay
Post by: DWMB2 on November 22, 2024, 10:06:42 am
Should I appeal to their independent service?
I mean is it possible/ok to bypass the independent appeals service?
You can if you want, but frankly the IAS are useless, and almost certain to find against you. You're fine not to bother with them

Or should I file a claim in small claims court contesting the penalties?
It's the other way round - if PCM claim you owe them money, it is for them to file a claim, which you can then defend.
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 22, 2024, 09:55:01 am
Thank you for all your valuable replies.
I have another question.
Should I appeal to their independent service? Or should I file a claim in small claims court contesting the penalties?
I mean is it possible/ok to bypass the independent appeals service?
Title: Re: PCM parking charge notice on my own parking bay
Post by: mickR on November 22, 2024, 09:50:38 am
you also need to check if there's any clause to allow the landlord to make changes to the lease.
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 22, 2024, 09:42:30 am
so did you ask your solicitor to check for any mention of the need to obtain and display a permit of any kind??
@mickR I did not ask to check because his obligations to me ended when completion was done on the residential purchase.
What I did is I read the lease contract and it does not mention that I need to obtain and display a permit. It is only mentioned that I have the right to use that parking space.
Title: Re: PCM parking charge notice on my own parking bay
Post by: b789 on November 21, 2024, 07:19:46 pm
They are not"Penalty Notices" and you must not call them that. They are Parking Charge Notices and are simply speculative invoices. No appeal to PCM was ever going to be successful.

The only way this will be resolved is if/when they try to sue you in the small claims track of the county court for the alleged debt. They will be required to prove that they have a valid contract from the landowner that supersedes your Tenancy Agreement or the Head Lease. I seriously doubt they can do that but they will try and scare with useless debt collector letters who you can safely ignore.

What have the management company said about it?
Title: Re: PCM parking charge notice on my own parking bay
Post by: mickR on November 21, 2024, 07:17:49 pm
so did you ask your solicitor to check for any mention of the need to obtain and display a permit of any kind??
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 21, 2024, 04:56:10 pm
I received the appeals results. They rejected all appeals for the 3 penalty charges.
I have attached one of the appeals results. It is unbelievable how abusive they can be.
I have also attached the parking terms and conditions that are displayed in the parking area.

[attachment deleted by admin]
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 13, 2024, 05:49:43 pm
Hi,
Thank you for your quick reply.

Our flat is leasehold for 999 years. I believe we have the same leasehold rights on the parking space as we do on the flat.

I contacted the solicitor who managed our case when we bought the flat and he mentioned the following:
"The Lease gives you a right to use the parking space numbered 339 on the Lease plan 2, shown edged red. This would still be the Landlord’s property but you will have a right to use and occupy the space."

I also contacted the management company and they said they passed my case over to the relevant team and they will get back to me asap.
Title: Re: PCM parking charge notice on my own parking bay
Post by: b789 on November 12, 2024, 10:47:27 pm
If you are the owner, not just a tenant, then the lease you signed when you purchased the property is what you need to refer to.

The exact wording in that document about your parking rights. If it doesn’t mention anything about requiring a permit for example, is very important.

Do you know if the “the parking space edged red and numbered 339 on Plan 2” is actually owned by you or simply assigned?
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 12, 2024, 05:16:08 pm
Hi,
Thank you for the information and for your quick reply.
I own this flat together with my wife.
So we are the owners of the flat. We have a document called Counterpart Lease. I that the head lease document you were referring to in your previous post?
Title: Re: PCM parking charge notice on my own parking bay
Post by: b789 on November 12, 2024, 03:45:18 pm
It's pity you appealed already. If you had waited for them to issue a Notice to Keeper (NtK), you could also have them for breach of your GDPR under the Data Protection Act 2018.

So, where in your lease does it mention that you must display a permit to park in your demised space? Where is there any mention of you requiring to pay a third party, not party to your lease, £100 each time they issue you an invoice because they think they can scam you just because the managing agent decided they can put up some signs?

If you can, you should ask your landlord for a copy of the head lease they have and what exactly does it say about parking. As before, what it doesn't say about parking is equally important.

What has your management company said about these PCNs? They know you have a right to park there. They can get PCM to cancel these. Remind them that should they not be cancelled and this is litigated, they are jointly and severally liable for the actions of their agent. Ask for evidence in the lease that permits a third party, unregulated private parking company to require tenants or residents to display a permit and allows the third party to invoice resident/tenants for breaching a term on a sign that is not mentioned in the lease.

Point out that unless they can evidence having gone through the tribunal process of amending the lease in accordance with the Landlord & Tenant Act 1987 Section 37 5(a) or (b), PCM have no lawful right to issue PCNs.

PCM's signs cannot override the existing rights enjoyed by residents and their visitors, nor retrospectively and unilaterally restrict existing grants and easements where provided for within the landlord's lease. All modern leases include implied or express rights that cannot be overridden or interfered with, by a third party.
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 12, 2024, 03:04:40 pm
I have been living there since January 2024 and they were already operating there when I moved in.
Title: Re: PCM parking charge notice on my own parking bay
Post by: Dave65 on November 12, 2024, 02:33:24 pm
How long have you lived in the flat?
When did this PPC start operating in the car park?
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 12, 2024, 12:52:16 pm
It is mentioned in the section below

SCHEDULE 1
Rights Granted

The right for the Tenant and all persons authorised by him (in common with all other persons
entitled to the right) at all times for reasonable purposes connected with the residential use
and occupation of the Property and the Parking Space only to go pass and repass with or
without vehicles (as appropriate) over and along the Access Areas and Buildings Internal
Common Parts and Estate Common Parts over which the Tenant requires rights in connection
with the use and enjoyment of the Property and Parking Space which are contained within the
Estate

The right to park one roadworthy taxed and MOT’d vehicle not exceeding 2.25 tonnes gross
unladen weight in the Parking Space

Not to park or allow any commercial industrial or any un-roadworthy, untaxed or un-MOT’d
vehicle to stand in any parking space within the Estate

Not to wash any domestic motor vehicle in any parking space such restriction to cease and be
extinguished upon Weston Homes Plc disposing of its reversion

Not to park any vehicle motor cycle caravan or similar carriage on the Buildings Internal
Common Parts or Estate Common Parts (other than in any Parking Space which the Property
has the benefit of a right to use) nor to obstruct them

to maintain and repair the Parking Space
Title: Re: PCM parking charge notice on my own parking bay
Post by: DWMB2 on November 12, 2024, 12:23:43 pm
In this Lease these words have these meanings:
“Parking Space” - the parking space edged red and numbered 339 on Plan 2 or such
alternative parking space as the Landlord shall from time to time designate acting reasonably.

is that the sole mention of parking in the lease? It would be somewhat unusual for them to include a defined term in the Interpretation section of a lease, and then not actually use that term anywhere else in the lease.
Title: Re: PCM parking charge notice on my own parking bay
Post by: empire on November 12, 2024, 12:16:34 pm
Hi,
Thank you for your quick reply.
I the lease I have the following stated at Interpretation section.

In this Lease these words have these meanings:
“Parking Space” - the parking space edged red and numbered 339 on Plan 2 or such
alternative parking space as the Landlord shall from time to time designate acting reasonably.


Also on the parking permit there is the following stated:
"Place permit on display.
It is your responsibility to check when leaving your vehicle"

I have attached the permit image.





[attachment deleted by admin]
Title: Re: PCM parking charge notice on my own parking bay
Post by: DWMB2 on November 12, 2024, 11:52:31 am
As this is a residential case relating to your own flat, the first thing it would be useful to see, is what your lease has to say about parking (equally important is anything it doesn't say about parking). Please show us the exact wording of any relevant clauses within your lease.
Title: PCM parking charge notice on my own parking bay
Post by: empire on November 12, 2024, 11:13:33 am
Hi,
I live in a flat and I have parking permit for my car. I use mu car very rarely.
I forgot to display the permit in my car window and got 3 parking charges.
I appealed them and did not receive any notice regarding my appeal result.
I called the company Parking Control Management and thy said that the result of the appeal is that what is written on the parking charge notice. That they will not cancel the charge but that I have to pay 40 GBP for each parking charge they issued.
So they said that even if I have a permit but it is not displayed in the car window I can am still liable to pay a parking charge.
Is that true? I mean if I have a parking permit but I forgot to display it in my car window then the parking charge will not be cancelled even if I prove that I have a perking permit when I appeal the charge?
How can I cancel entirely the parking charge since I have a valid parking permit but it was not displayed in the car?

Thank you

Apologies for my username(empire). I wanted it to be empr but it seems it was autocorrected to empire and I did not notice when I created the account and it seems I cannot update my profile username.  :)


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