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Messages - simon_11

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1
Private parking tickets / Re: Private PCN - Parking Control Managment UK LTD (PCM) - Dartford
« on: June 27, 2024, 12:51:48 pm »
To follow up on this my appeal was rejected (although I missed the replies on this and my appeal didn't mention any of my legal rights to park). It has now been escalated to debt collectors and I imagine I will inevitably be summoned to court in the near future.

I intend to represent myself when that happens and wanted to check if there is some sort of guide/template I can use to start building up my defense.

Below are the relevant points in my signed lease agreement which I feel I can support my case:

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 Building 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 two and one half
tonnes gross unladen weight in the Parking Space

There is also no mention of any third parties regarding any Parking enforcement on the Lease.

Thanks in advance.

2
Private parking tickets / Re: Private PCN - Parking Control Managment UK LTD (PCM) - Dartford
« on: May 14, 2024, 03:05:44 pm »
Quote from: DWMB2 on May 14, 2024, 02:17:35 pm
"Parking Space" being capitalised suggests that it may be a defined term... Is there anything in your contract (usually at the start) that provides a list of defined terms, and therefore defines the parking space (ie where it is etc.).

Either way, that lease seemingly provides you the right to park a car in your space - that right isn't removed because a third party puts up some signs and sends out some permits.

As well as an appeal to PCM (which we can help with) you should also speak to your landlord and/or their managing agents, and ask why they are permitting a third party company who are a stranger to your lease, to issue £100 charges for parking in a space your lease already grants you use of.

Yes, it's defined in the interpretations section where "Parking Space" is the parking space edged red and numbered 700 & 700A on Plan 2.

These are my allocated parking spaces and I was parked well within the parking space and lines of bay 700.

I also should mention that this lease was provided just before completion date by the property developer who are also the Landlord to the managing agent (same for estate and block company) and to myself. I've not received any further amendments to this to my knowledge. 

I will ring up the managing agent to see what is happening..

Thanks for both your help on this so far.

3
Private parking tickets / Re: Private PCN - Parking Control Managment UK LTD (PCM) - Dartford
« on: May 14, 2024, 02:11:32 pm »
Quote from: b789 on May 14, 2024, 12:59:18 pm
@simon_11, what makes you think that just because a management company contacts an unregulated private parking company to manage the car park and put up some signs and order you to display a permit, that any of that can override your rights under your AST/lease?

The wording (or lack of it) in your AST/lease will define your liability or not for the PCN. You have not yet told us about it.

Thanks for the reply @b789

Thankfully (due to not having many PCN's) I'm not well versed in this so apologies - just going off what I can see.

I've reviewed the original lease at time of the property's completion and to be honest I can't see anything in there that explicitly mentions or implies anything to do with PCN's or even having to display a parking permit.

Below are some bits from the lease under the "rights granted" section which I feel like may be relevant :

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 Building 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 two and one half
tonnes gross unladen weight in the Parking Space

I can't find anything that I feel that would help support my case.


4
Private parking tickets / Re: Private PCN - Parking Control Managment UK LTD (PCM) - Dartford
« on: May 14, 2024, 12:09:26 pm »
Won't let me edit the original post - I've attached an image of the parking terms and PCN.

[ Guests cannot view attachments ]

5
Private parking tickets / Private PCN - Parking Control Managment UK LTD (PCM) - Dartford
« on: May 10, 2024, 01:38:43 pm »
I live in a flat with private parking with designated car park spaces for each flat. I stupidly forgot to display my ticket this week and have received a PCN for not displaying a valid permit.

Do I have any leg to stand on to make an appeal? It's also my first offence if that matters.

They want £60 within 14 days which is just a joke  >:(

Thanks in advance.

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