Thanks for the detailed reply and appreciate your support b789Quote from: b789 on 30 Mar, 2025 13:52Just to clarify... The First Schedule "attached". Where is that? Or, is the only reference to the First Schedule: "X1 car parking space, no. 3." that tiny bit before the signatures?Yes, it is the only reference to the First Schedule , the tiny bit before the signatures.Last situation and property management position: I have reached out to the property management agent via a series of emails since receiving the PCNs, requesting that they communicate with the parking management company to have the PCNs cancelled. Additionally, I submitted a complaint a few weeks ago. My email and their final response to my complaint are included below. In conclusion, they have stated that they cannot cancel the PCNs and have advised me to resolve this matter directly with PPM by contacting them and proposing a goodwill settlement.I haven't reached out to PPM at this point ( Only via their appeal procedures, which were rejected). Would you recommend that I get in touch with PPM directly at this stage and also include both the property management and the landlord in CC? in the same time replaying BW legal with the same reply, so they can be aware they are going no with their attempts?My complaint email to the property management was: QuoteDear Property mangment team,The parking company rejected my appeals. So, I am writing to formally raise a complaint regarding the unjustified 7 Parking Charge Notices (PCNs) issued to me by this parking management company operating within the development. As you are aware, I am a resident of this building, and I pay monthly for the allocated parking space according to my tenancy agreement.I parked in my allocated space but did not display my parking permit because I was on holiday at that time. While I routinely ensure my permit is displayed. However, I have sought legal advice about this situation, and I have been informed that this private parking company has no legal grounds to demand payment for failing to display the permit.For the following reasons/evidence:
- My tenancy agreement with the landlord does not mention any requirement to display a permit or any clause/reference to a parking enforcement scheme within the development. And, especially, I'm a resident who parked in his allocated space No.3 of this development and who has a permit, which is clearly stated in the tenancy agreement.
- As a matter of contract law, the terms of my tenancy agreement take precedence over any signage placed by the parking management company requiring a permit to display, which this company imposed later after I moved in. My tenancy agreement grants me the right to park without any restrictions, and it does not impose any condition to display a permit. A third-party parking company cannot unilaterally enforce such a restriction; it would require an amendment by the landlord that explicitly indicates the condition of displaying a permit.
To support this, I have attached in pdf an approved judgement from a court for a similar case about failing to display a permit from a resident, which was dismissed because there were no provisions for parking enforcement stipulated in the tenancy agreement. This precedent clearly demonstrates that the parking company’s claim lacks legal merit, though I am certain they are already aware of this and are merely attempting to unfairly extract money from me.I understand the importance of displaying a permit, which, as I mentioned earlier, I routinely ensure is displayed on my car. I also wish to emphasise that the role of the parking company should be to deter non-residents from using the parking spaces within the development, rather than unfairly trying to penalise residents like myself who are entitled to use their allocated spaces. Their focus should be on maintaining order and protecting residents’ rights, not targeting us. To end this, I kindly request that you or the landlord intervene in this matter, and I believe you will be able to direct the parking management company to cancel all the PCNs issued to me based on the previously mentioned reasons. This situation is causing unnecessary distress and is not the standard of living I expected when choosing to reside in the Gateway development.I trust that this matter will be resolved promptly and fairly.Thanks .Property management reply was: QuoteHi , Thank you for your patience while we review this matter about the Parking Charge Notices (PCNs) you have received. We completely understand how frustrating this situation must be for you, and we appreciate you taking the time to share your concerns with us. We want to reassure you that we have carefully reviewed your complaint, including the points raised about your tenancy agreement and the legal considerations involved. While your Assured Shorthold Tenancy (AST) agreement may not specifically mention parking enforcement or the requirement to display a permit, all residents and users of the parking facilities must follow the building’s parking policies. These policies, which have been communicated multiple times by our lettings team, are in place to ensure fairness and consistency for everyone in the development. The parking enforcement company has been appointed to help manage parking fairly for all residents. Their authority to issue PCNs is based on the clearly displayed signage and established policies, which help to prevent unauthorised parking and ensure that all residents have access to their allocated spaces. We understand that you were on holiday at the time and that you typically display your permit, but unfortunately, the requirement to have a valid permit visible at all times is a key part of ensuring the system works effectively. We genuinely appreciate your frustration, and while we would like to be able to assist further, the parking enforcement company operates independently, and we are not able to cancel the fines on your behalf. We would encourage you to contact them directly to see if they can offer a resolution or a possible payment arrangement. This matter has been reviewed by our senior management team, and we understand that this may not be the outcome you were hoping for. However, it is important that we allow the parking enforcement company to carry out their role, as their presence ensures that parking remains fair and accessible for residents. If we were to intervene in individual cases, it could create difficulties in maintaining an orderly parking system for the development. We are truly sorry for any stress this situation has caused, and we do hope that you are able to come to a reasonable agreement with the parking enforcement company. If I’m able to assist with anything else, please don’t hesitate to contact me.