I as a leaseholder, am facing an ongoing dispute with my Housing agency (HA from here on, they are also the landlord and freeholder ) and UK Car Park Management (CPM) Ltd. regarding a Parking Charge Notice (PCN) issued for having had my car parked in front of my property. The property is in a gated complex. Despite my leasehold agreement granting him vehicular access for specific purposes, CPM issued a PCN based on newly installed signage by Housing, which restricts vehicle access beyond the tarred roads. This signage was introduced to bar 3rd party vehicles i.e. couriers and delivery vans and not residents
My attempts to request cancellation of the PCN included multiple communications with HA, where I expressed frustration over the lack of understanding and the inefficiency in handling the case, as I found myself repeatedly explaining my rights and the terms of the leasehold agreement to individuals who should already be aware of these details. I specifically pointed out that I pay for a service that should include proper management and respects my leaseholder rights.
In my communications, I was asked by HA to provide documentation proving my leaseholder rights to drive or park in the restricted zone, which I responded to by sending the necessary documents. However, the response from HA was unsatisfactory, as they continued to uphold the PCN and advised me to follow CPM's appeal process, which had already dismissed my initial appeal.
Adding to my grievances, I have now been served a Debt Recovery Notice by CPM, demanding payment of £170 by 30th December. This has escalated the situation, prompting me to raise an initiate a formal complaint process with my housing agency. I have also asked for a comprehensive review of CPM's enforcement protocols to ensure they align with leaseholder agreements. I have also indicated that I will escalate the complaint to the Housing Ombudsman Service and pursue further legal action if his concerns are not addressed within seven days.
My current issue is
1. I have discarded the initial PCN notice physical document and also cannot seem to retrieve the PCN notice from CPM as it says to contact their legal team.
2. The debt recovery notice states a deadline of 30 Dec 2024 ( 14 days from day issues i.e. 16th Dec)
3. I cannot seem to raise the case with Housing Ombudsman as they mandate a period of 15 days to allow the housing agency to respond.
Kindy can you help advise.
You can safely ignore the debt recovery process. Debt collectors are powerless to do anything as they are not a party to the contract the driver is alleged to have breached.
Never, ever, ever, communicate with a useless debt collector. Not in writing or by phone. Use their letters as kindling or to line the bottom of a litter tray. Ignore.
The situation you are in is going to come down to what your lease says or doesn't say about parking. Please show us the relevant section of your lease.
Lease agreements take precedence over third-party parking enforcement and UKCPM's signage does not alter the terms of your lease. The Housing Association (HA), as the landlord and freeholder, would be required to act in accordance with the Landlord and Tenant Act 1987, Section 37 when attempting to alter your rights as set out in your lease agreement.
Until we know what the section of your lease/tenancy agreement says about parking, it is difficult to advise further at this point.
Are there any other mentions of parking in your lease?
Hi, there are some clauses related to parking.... but my contention is that I have not parked. i was accessing the property to load and unload .. which is as according to the criteria of it being used as a private dwelling.
It would still be helpful to see those clauses. Your main contention may well be that your vehicle was not parked, but it is sensible to consider all possible avenues of defence, rather than putting all of your eggs in one basket.
If you're using an argument of loading as one arm of any defence,
Jopson vs Homeguard would be useful reading.
Appreciate your response. PLeaase find all the clauses of the lease.
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Find the PCN notice too , i managed to locate it. Appreciate if you can kindly let me know your opinion. Let me know if you need any other information.
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Send this to your HA (assuming they are the ones who have contracted CPM in the first place):
To:
[Name of Housing Association]
[Address]
[City, Postcode]
Subject: Formal Notice – Breach of Leaseholder Rights, Joint Liability for Actions of CPM, GDPR Violation, and DVLA Reporting
Dear [Housing Association],
I am writing to formally demand that [Housing Association] instruct its agent, UK Car Park Management Ltd (CPM), to cancel the Parking Charge Notice (PCN) issued against my vehicle. This PCN is a direct violation of my leaseholder rights, and CPM’s actions further constitute breaches of data protection laws and their contractual obligations with the DVLA.
Leaseholder Rights and Primacy of Contract
As per Section 12.6(a) of my lease, I have the right “to pass with or without vehicles over and along the Estate Roads... for all purposes connected with the use of the Property as a private dwelling house.” This right, enshrined in my lease, takes primacy over any subsequent parking scheme or signage introduced by CPM or [Housing Association].
Unless you can provide evidence that my lease has been lawfully varied in accordance with the Landlord and Tenant Act 1987, section 37(5), the introduction of CPM’s parking scheme and enforcement measures cannot override the contractual rights afforded to me under my lease.
GDPR Breach and Misuse of DVLA Data
CPM’s issuance of the PCN and their retrieval of my personal data from the DVLA under the KADOE (Keeper of a Vehicle at the Date of an Event) contract constitutes a misuse of my personal information. CPM had no reasonable cause to obtain my data, as their authority—derived from any agreement with [Housing Association]—is subordinate to the primacy of my lease.
I will report CPM to the DVLA for breaching the terms of their KADOE contract, which requires that data is only accessed when there is a legitimate cause of action. Given that CPM has no enforceable claim against me due to my leaseholder rights, their request for my data was improper and unlawful.
Legal Precedent
The judgment in Jopson v Homeguard [2016] established that temporary stopping for purposes such as loading and unloading does not constitute parking and cannot be penalised under parking enforcement schemes. CPM’s actions in issuing the PCN are, therefore, legally baseless and further demonstrate a lack of proper understanding of leaseholder rights.
Notice of Counterclaim and Joint Liability
Should CPM attempt to escalate this matter by issuing a claim in the County Court, I will:
1. Defend the Claim: On the basis that the PCN was issued in contravention of my leaseholder rights.
2. Counterclaim for Damages: For distress and damages resulting from the misuse of my personal data and breach of GDPR under the Data Protection Act 2018.
3. Join [Housing Association] as a Defendant: As CPM’s principal, [Housing Association] is jointly and severally liable for their actions. I will hold [Housing Association] accountable for breaching my rights and enabling CPM’s unlawful conduct.
Demands
To resolve this matter without unnecessary escalation, I demand the following:
1. Immediate Cancellation of the PCN: [Housing Association] must instruct CPM to cancel the PCN and confirm this in writing.
2. Investigation into GDPR and DVLA Breaches: [Housing Association] must address CPM’s unlawful acquisition of my DVLA data and provide a formal response.
3. Written Confirmation of Leaseholder Rights: Acknowledge that my leaseholder rights remain unaltered and prevail over any subsequent parking enforcement measures.
Consequences of Inaction
If this matter is not resolved to my satisfaction within seven (7) days of the date of this letter, I will proceed with the following actions:
1. Escalation to the Housing Ombudsman: A formal complaint will be lodged with the Housing Ombudsman detailing [Housing Association]'s failure to respect my leaseholder rights and its improper introduction of a third-party parking enforcement scheme.
2. Legal Action: I will pursue legal remedies against both CPM and [Housing Association] for breach of contract, harassment, and GDPR violations. This will include CPM’s unlawful access to my DVLA data and its misuse, which will also be included in any subsequent legal claim.
Furthermore, as there is no mention in the lease of parking restrictions or any authority for a third-party parking company to issue Parking Charge Notices (PCNs) against my vehicle, I expect [Housing Association] to:
• Instruct CPM to whitelist my vehicle immediately.
• Ensure no further breaches of my leaseholder rights occur.
Should CPM issue any further PCNs against my vehicle in breach of my lease, I will not hesitate to take immediate legal action for each instance, including claims for compensation due to GDPR breaches.
I trust that you will address this matter promptly and ensure no further infringements occur.
Yours sincerely,
[Your Full Name]
[Your Contact Details]
Many thanks for your advice and instruction. I had lodged a formal complaint to my Housing Association which is lodged in their CRM system on 23rd Dec (1st complaint letter attached) and was promised a callback in 24 hours, which did NOT happen. Following this , I sent a complaint escalation on 24th Dec (attached).
On trying to raise the Housing Ombudsman issue on 24th Dec 2024, the system denied me based on the below ... "Landlords must have a 2-stage complaints process. When you complain to your landlord, it must acknowledge a complaint at stage 1 of its process within 5 working days and supply a written response within 10 working days from the date of acknowledgment.".
My question to you now , is whether and how do I send the "letter" that you have suggested above. Should this be as a 2nd escalation? Kindly let me know.
I'm afraid you'll have to figure out the intricacies of the complaints system with your HA and how the ombudsman works. You have a valid legal argument and you should make all efforts to notify the HA of their joint liability for allowing CPM, their agent, to breach your lease and your GDPR.
You are within your rights and you have the option to counterclaim if/when CPM try to issue a claim against you. As long as you include a clear warning in your current communication that you will name the HA as a second defendant in a counterclaim if CPM escalates the matter to court. This provides them an opportunity to address the issue before litigation, which may encourage them to intervene with CPM.
You may want to redact your personal information in the pdf attachment.
I have removed the attachment as you had left your full name and home address showing.
HNY 2025 to you. Finally I received unfavourable response from my Estate management. Kindly find attached the response document below. Appreciate your advice.
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What did you send to the HA as your formal complaint? Did you use the above suggested letter? Did you edit or change anything to call the CPM PCN a "fine"?
The complaint response hasn't answered the points about your lease overriding any signs put up by a third party company such as CPM. The "conditions for entry" appear to be unrelated to the clause 12.6 you showed us. I suspect their "legal team" is the janitor.
How you deal with the HA is up to you but I would suggest you now escalate it to the Housing Ombudsman. As for PCM, you don't pay them a penny.
You can safely ignore all debt collector letters. Remember, the Debt Recovery Agent (DRAs) are not a party to any contract allegedly breached by the driver. They cannot do anything except to try and scare you into paying out of ignorance and fear. Ignore them.
When PCM issue a Letter of Claim (LoC) then you can come back and we can advise on how to respond. They will likely issue a claim at some point and you will have the opportunity to defend and counterclaim, also naming the HA as a joint defendant because your GDPR has been breached by CPM as they had no right to request your DVLA data in the first place.
Many thanks
@b789. Noted.
Ofcourse I had used your suggested letter. I had copied your previous response , into a a clear letter and had sent it to the HA. I have also raised am Ombudsman case.
Optimistic x 1
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