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?
I'll let a few others have look but based on the tenancy agreement clauses you've provided and the circumstances you've described, here is my personal analysis regarding the enforceability of the PCNs issued by Parking and Property Management Ltd (PPM):
1. The Grant of the Parking SpaceClause 13 of your tenancy agreement explicitly states:
"X1 car parking space, no.3."
This is a contractual right to park granted to you under the tenancy. No terms in the agreement indicate this right is conditional on displaying a permit, nor do they reference any parking enforcement company or management scheme.
This means your right to use parking space no.3 is granted by your landlord, not subject to third-party regulation or signage unless expressly stated in your agreement.
2. Role and Authority of the Management CompanyThe management company is not a party to your tenancy agreement, and there is no clause within the agreement granting them authority to impose or vary its terms. Your contractual right to park in space no.3 is granted directly by the landlord and is not expressed as being subject to any permit scheme or third-party enforcement.
Any attempt by the management company to introduce new obligations — such as requiring display of a permit or acceptance of parking enforcement terms — has no contractual effect unless agreed to in writing by both you and your landlord.
For clarity, while section 37(5) of the Landlord and Tenant Act 1987 provides a statutory mechanism for varying the terms of long leases (e.g. between freeholders and leaseholders), it does not apply to assured shorthold tenancies such as this one. In this context, general principles of contract law apply: the terms of the tenancy cannot be altered or added to unilaterally by a third party.
3. Email Notices – Clause 12.4Clause 12.4 refers to notices and documents served by email:
"That notices and other documents given in connection with this tenancy may be served by email..."
However, this clause does not allow the creation or amendment of contractual obligations via email. It merely allows for communication of documents already connected to the tenancy. There is no clause enabling the landlord or managing agent to impose new terms via email, particularly not one that diminishes an existing right (i.e. exclusive use of your parking space).
4. No Clause Allowing Enforcement Scheme or Permit RequirementThere is no clause in the contract that:
• Requires display of a parking permit
• Grants the landlord or a third party the power to create or enforce additional terms (such as penalty charges)
• Indicates the parking space is subject to any external signage or third-party conditions
Your agreement is therefore silent on any permit scheme, meaning no enforceable contractual obligation exists on your part to comply with it, unless you separately agreed in writing.
5. The Nature of the PCNs – Trespass vs ContractAs PPM is issuing PCNs under a contract-based model, they must demonstrate that:
• A contract was formed via signage (i.e. by parking, you accepted the terms)
• You had no pre-existing right to park there
• You breached those contract terms
But since you already have a contractual licence to park in space no.3, you are not a third party visitor who can be bound by new signage terms. As established in
Jopson v Homeguard [2016], signage cannot override rights granted under a tenancy.
6. Conclusion and Position StatementBased on the tenancy agreement and statutory rights:
• You have a contractual right to park in space no.3
• The management company cannot override or alter that right without your written consent
• There is no requirement in your tenancy to display a permit
• PPM has no authority to issue PCNs against a tenant lawfully using their allocated space under a tenancy agreement
So, now that BW Legal have become involved, at this stage, you are not legally obliged to respond to them unless they serve a Letter of Claim (LoC), which is distinct from a generic debt recovery letter and must comply with the Pre-Action Protocol for Debt Claims.
However, responding pre-emptively to the party with actual control over the enforcement (the management company or your landlord) is tactically better at this stage.
Here is a suggested letter to the management company and you should also CC in your landlord:
FORMAL COMPLAINT – Unauthorised Interference with Tenancy and Unlawful Issuance of Parking Charge Notices
Dear Sirs,
I write to raise a formal complaint regarding the actions of your appointed parking contractor, Parking and Property Management Ltd (PPM), and the impact on my quiet enjoyment of the property.
I am the lawful tenant of [full property address], under a tenancy agreement dated [insert date], granted directly by the landlord, [Landlord’s Name]. That agreement confers exclusive use of car parking space no.3, as confirmed in the First Schedule. There is no clause within the agreement requiring display of a parking permit or compliance with third-party signage.
At the time of entering into the tenancy, no parking enforcement scheme was in operation, and PPM had not been appointed. I have not agreed to any variation of the tenancy, nor has any such variation been proposed to me. The introduction of PPM occurred unilaterally and without consultation or consent.
My vehicle was parked lawfully in my allocated space while I was temporarily away for three weeks. Upon returning, I discovered that seven (7) Parking Charge Notices (PCNs) had been issued to my vehicle by PPM, on the sole basis that no permit was displayed — despite the fact that I retain a contractual right to use the space without condition.
Unlawful and Unenforceable Charges
PPM’s actions are entirely without legal basis. The parking charge notices:
• Are unenforceable in contract law, as I already hold a superior contractual right to use the space;
• Constitute a trespass on my demised premises;
• Represent an unjustified interference with my quiet enjoyment, and potentially a derogation from grant.
The signs erected by PPM are irrelevant to me as a lawful occupier. A third-party enforcement contractor cannot override my tenancy rights by way of unilateral signage.
Management Company Responsibility and Landlord Notification
As the party that appointed PPM and authorised enforcement across the site, you are jointly and severally liable for the conduct and oversight of your agents. Introducing enforcement on a demised parking space without the tenant’s consent or any contractual variation has resulted in unnecessary stress and risk of unlawful action.
Please note that I have copied my landlord into this correspondence solely to keep them informed, as the tenancy agreement grants me exclusive use of space no.3. I trust they will support the position that any third-party interference with demised property is wholly inappropriate unless properly incorporated into the tenancy terms with the tenant’s agreement.
Required Action
I now require the following:
1. Immediate cancellation of all outstanding PCNs issued by PPM in relation to my parking space;
2. Confirmation that BW Legal has been instructed to cease recovery action and that the matter will not be escalated to legal proceedings;
3. Confirmation that you have instructed PPM to cease enforcement in respect of space no.3, and to ensure a permanent exemption, whether by whitelisting or other administrative action, is applied to prevent any future PCNs being issued against my vehicle.
Reservation of Rights
If you fail to take immediate steps to resolve this matter, I reserve all rights to:
• Bring a claim for harassment and breach of the covenant of quiet enjoyment;
• Raise complaints with relevant regulatory bodies;
• Rely on this letter in any court proceedings to demonstrate that enforcement was knowingly and unlawfully pursued.
I expect written confirmation within 7 days of the date of this letter.
Yours faithfully,
[Your Full Name]
Tenant of [Property Address]
