Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - empire

Pages: [1]
1
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.

2
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?

3
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.

4
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.

[ Guests cannot view attachments ]

5
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.

6
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?

7
I have been living there since January 2024 and they were already operating there when I moved in.

8
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

9
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.





[ Guests cannot view attachments ]

10
Private parking tickets / PCM parking charge notice on my own parking bay
« 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.  :)


[ Guests cannot view attachments ]

Pages: [1]