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Messages - Fabi2025

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Thanks for the detailed reply and appreciate your support b789

Just 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: 

Quote
Dear 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: 

Quote
Hi ,
 
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.

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Yes, your tenancy agreement will have supremacy of contract over any third party. However, it will depend on the wording in your lease. What EXACTLY does your tenancy agreement actually say about parking. Please don't paraphrase it. Show us the exact wording. Equally important is what your lease doesn't say about parking, as you have already pointed out, there was never mention of a requirement to display a permit or a requirement to agree to contractual signs erected by a third part unregulated private parking company.

You say that the landlord contracted PPM. Did the landlord themselves contract them or did the management company? If this is a material change to your lease, did the landlord or their agent, the management company comply with the Landlord and Tenant Act 1987, specifically section 37.5 (a) or (b)?

This is not a simple "vote" or poll. It is a judicial process that takes place at a tribunal. Simply sending emails out certainly does not allow any material change to your contractual rights.

So, the wording of your Tenancy Agreement about parking please...
- The wording of your Tenancy Agreement about parking? The tenancy agreement only mentions parking in clause 13 (see attachment No.5 ), which states that spot no.3 is mine :
"The Property is let together with the special conditions (if any) listed in the First Schedule attached here to
THE FIRST SCHEDULE (N.B. Clauses in this section have been individually negotiated)
Special conditions: (attach a separate sheet if necessary)
X1 car parking space, no.3.."

- Who contracted PPM? Based on a recent conversation with the property management representative, I learned that they have engaged this company to assist with parking management. Therefore, it is probable that the property management has a contract with PPM. It’s important to highlight that my lease agreement is directly with the landlord and does not reference the property management in the contract.

- Did the landlord or their agent, the management company comply with the Landlord and Tenant Act 1987, specifically section 37.5 (a) or (b)? At the time I took residence in this property, there wasn't an active parking enforcement scheme, nor was there PPM company in effect. When the PPM was eventually introduced , I was not asked to provide my consent or modify any terms/clauses in the contract. Does this indicate that they did not adhere  to the legalisation ? I'm uncertain.

Are they perhaps depending on clause (12.4) concerning notification via email? However, clause (12.3) seems to pertain solely to the notice of termination of the tenancy.(see attachment clause 12 )  ? (12.4) "That notices and other documents given in connection with this tenancy may be served by email on the Tenant at the email address(es) supplied above. Where this clause applies, any such notice or document will be regarded as received by the Tenant at the
start of the next business day after it was first sent."

Please note that the agreement consists of only 5 pages, with pages 3, 4, and 5 attached for your reference to check if there is any  clause they are relying on with their claim. The remaining first pages contain general information and nothing related to parking or lease variation clauses.

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Hi, I live in an apartment building in England. I parked my car in my allocated space in the tenancy agreement as usual, but I forgot to display the parking permit at that time.


The next day I travelled away for 3 weeks, and when I got back home, I found the car parking company issued me 7 PCNs due to failure to display a parking permit. 

Company Name : Parking and Property Management Ltd 

Website : https://www.parkingandpropertymanagement.co.uk/

also here  People in google review facing same issue with them



Note: My rental agreement does not contain any provisions regarding the parking enforcement company or a requirement to display a permit. This parking company was recently instituted by the landlord, and at the time I signed the rental agreement, no such company was in place. 

When the PCNs are issued, there are signs indicating the need for a permit, which has also been communicated via emails previously. However, the rental agreement has not been updated to reflect these new regulations. The information has solely been relayed through emails from the property management company.


BWlegal last letter is attached
there signage attached

Last update: They instructed the debt collector ( Bwlegal) to chase me.. And if i didn't respond and pay they will take me the court?

What is my position in this case? Any advice to stop them ? Next step? Is the tenancy agreement supposed to overrule any signage or emails?

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