Hi There,
After reading through the forums and managing my dealings with PCM UK Ltd and Moorside Legal. I am now at the stage where Moorside legal have responded to my response to their Letter Before Claim and I am looking for advice on next steps. I will give a brief outline of proceesdings so far:
I received a Parking Charge Notice on the 22/12/2024 for a car know to me parked in a bay at my apartment block. The parking bay is marked with the apartment number behind electronic gates.
I am the leaseholder of an apartment within the block and my lease clearly states the use of the bay for the use of parking and includes a map of the car park and the specific bay in which the leasehold covers and which the car was parked in.
I spoke with a barrister who used to live in the apartment block and he provided me with his appeal to POPLA (which was successful) against the ticket on the basis of "Having paid for the parking space, I have a tenancy or a license to use this space which is independent of any purported contractual agreement with CMS Ltd" and it goes into further details .The managing agents have ditched CMS Ltd for PCM UK LTD. The barrister suggested I do the same so I foolishly responded to PCM UK Ltd through their portal on the same basis providing sections of leasehold agreement.
-- letter begin --
Subject: Formal Appeal Against Parking Charge Notice – PCN [Number] Space [Number]
Dear [Parking Company Name],
I am writing to formally challenge Parking Charge Notice [reference number], issued to me on [date]. The charge is baseless, unenforceable, and constitutes an unlawful interference with my leasehold rights.
1. Leasehold Rights
I am the leaseholder of Apartment 77, Raleigh Square, Raleigh Street, Nottingham, NG7 4DN, and my lease includes the exclusive right to use parking space [number]. This right is granted without any requirement for permits or compliance with third-party parking enforcement.
Attached is an excerpt from my lease confirming my exclusive rights to this parking space.
Photographic evidence is also provided, showing my vehicle parked lawfully in the space allocated to my property.
Your actions, and those of your client (the freeholder), directly conflict with my legal rights as a leaseholder.
2. Legal Position
Your issuance of this parking charge notice is contrary to established property and consumer laws:
a. Trespass and Interference with Leasehold Rights
Under common law, your actions amount to trespass, as you are interfering with my exclusive right to use the parking space, granted to me under the terms of my lease.
This also breaches the doctrine of non-derogation from grant, which prevents the freeholder or its agents from frustrating the rights granted to me in the lease.
b. Breach of Quiet Enjoyment
The Landlord and Tenant Act 1985 guarantees my right to “quiet enjoyment” of the property. Your actions constitute a clear breach of this covenant.
c. Consumer Rights
The Consumer Rights Act 2015 (Part 2) prohibits unfair terms or practices. Any requirement for permits or imposition of penalties that contradicts my lease is unfair and unenforceable under this legislation.
d. Harassment
Continued issuance of fines for parking in my own space may amount to harassment under Section 1 of the Protection from Harassment Act 1997.
e. Human Rights
Under Article 1, Protocol 1 of the Human Rights Act 1998, I am entitled to the peaceful enjoyment of my possessions, including the parking space. Your interference violates this right. 3. Required Action
I demand the following actions be taken immediately:
The cancellation of Parking Charge Notice [reference number].
Written confirmation that no further enforcement actions will be taken against my vehicle while parked in my designated space.
Removal of any requirement for permits or other restrictions that contradict my lease.
Failure to address these issues within 14 days of the date of this letter will leave me with no choice but to escalate the matter through legal channels. I will pursue claims for:
Trespass and interference with my leasehold rights.
Breach of the Landlord and Tenant Act 1985 and relevant consumer protection laws.
Harassment, under the Protection from Harassment Act 1997.
Additionally, I will report this matter to your Accredited Trade Association (if applicable) and raise a formal complaint with the freeholder for their breach of lease obligations.
I trust you will act swiftly to resolve this issue.
Yours faithfully,
-- letter end --
I provided these extracts from my lease along with a map of the apartment block highlight the apartment and my parking space which is a part of the lease. I omit that here as it has identifying content.
https://imgbox.com/pdX8WVn9https://imgbox.com/TqafpYShI received no response from PCM UK Ltd. I remember reading their own terms that a response would be within 28 days. As I received no response I thought this was the end of the matter until the 28th April 2025 I received a letter from Moorside Legal:
https://imgbox.com/Ywefp4tZI did not respond to that letter.
On the 15th May 2025 I received the following letter to which I did not respond:
https://imgbox.com/KxyzCXl8On the 2nd June 2025 I received the Letter of Claim to which I did not respond:
https://imgbox.com/ihH4naLoOn the 12th February 2026 I received their Letter before claim:
https://imgbox.com/pDUPwYUAI responded to their letter before claim with the following:
"Dear Sirs,
I am in receipt of your "Letter Before Claim" dated 12 February 2026.
This debt is denied in its entirety.
Your Letter Before Claim contains insufficient detail of the claim (refered to
by you as "unpaid invoice") and fails to provide copies of the evidence your
client places reliance upon, putting it in clear breach of the Pre-Action
Protocol for Debt Claims.
As a supposed firm of solicitors, I would expect you to comply with paragraphs
3.1(a)–(d), 5.1 and 5.2 of the Pre-Action Protocol, and paragraphs 6(a) and 6(c)
of the Practice Direction. These provisions exist to facilitate informed
discussion and proportionate resolution. As your claim is in breach of these
provisions, you may wish to reacquaint yourselves with them.
The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3),
require the exchange of sufficient information to understand each other's
position. Part 6 of The Civil Procedure Rules clarifies that this includes
disclosure of key documents relevant to the issues in dispute.
Your templated letter refers to a “contract” (refered to by you as "unpaid
invoice") yet fails to enclose one. That omission undermines the only foundation
upon which your client's claim allegedly rests. Therefore, it is not possible
for me to engage in meaningful pre-litigation dialogue while you decline to
furnish the very document you purport to enforce.
I confirm that, once I am in receipt of a Letter Before Claim that complies with
para 3.1(a) of The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols
, I shall seek advice and submit a formal response within 30 days.
Accordingly, please provide:
1. A copy of the original Notice to Keeper (NtK) and any notice chain relied
upon to assert PoFA 2012 liability.
2. A copy of the contract you allege exists between your client and the driver,
being an actual photograph of the sign(s) in place at Raleigh Square on the
date of issue of your client's Parking Control Notice (this must be
aphotograph the actual signage and not a stock image plucked from the
internet), together with a site plan showing the sign locations.
3. The precise wording of the clause(s) allegedly breached.
4. The written agreement between your client and the landowner evidencing
standing/authority to enforce and to litigate.
5. A breakdown of the sums claimed, identifying whether the principal sum is
claimed as consideration or damages, and whether the £170 "upaid invoice”
includes VAT.
I am entitled to this information under paragraphs 6(a) and 6(c) of the Practice
Direction, and I require it to meet my own obligation under paragraph 6(b).
If you fail to provide the above, I will treat that as non-compliance with the
PAPDC and Pre-Action Conduct and will raise a formal complaint to the SRA
regarding your conduct. I reserve the right to place this correspondence before
the Court and to seek appropriate sanctions and costs (including, where
appropriate, a stay and/or other case management orders).
Until your client complies and provides the requested material, I am unable to
respond properly to the alleged claim or to consider my position. Doig so would
be premature and a waste of costs and court time to issue proceedings. Should
you decide to do so, I will seek immediate case management relief pursuant to
paragraph 15(b) of the Practice Direction and an order compelling provision of
the above.
Please note, I will not engage with any web portal; I will only respond by email
or post.
Yours faithfully,"
and today 26.02.2026 received the following replay:
"We write in relation to the above matter.
Thank you for contacting us.
Please note you can view this evidence and signage using the below link:
https://www.pay-my-pcn.co.uk/live-3sc-user/ and quote: [REDACTED] 6 for reference.
As you have already made representation to our client, who have responded accordingly. We cannot overturn their decision.
In our client’s letter rejecting your appeal you were offered the opportunity to refer your appeal to an Independent Adjudication Service provided by our clients Accredited Trade Association. You did not take this step, and we must advise that all appeal avenues have now expired.
Considering the evidence, we hold we must advise that the PCN and its associated processes are in line with industry standards and are compliant with our clients Accredited Trade Association’s code of practice.
The Terms and Conditions on which Parking Control Management UK Limited services are provided are clearly displayed throughout the private land. Please be advised that there are several signs within this location displaying the terms and conditions.
As you breached the terms and conditions of the car park, this PCN was correctly issued. Considering the evidence, we are satisfied that the PCN has been issued in line with industry standards and is compliant with the International Parking Community’s (IPC) code of practice.
The signage of the car park also complies with the International Parking Community’s Code of Practice.
Regarding your request to inspect any agreement between our client and the landowner, please note that you are not a party to that agreement. Access to this information would not assist your dispute nor support any potential defence.
Please be advised that the original amount of the PCN was £100.00. As outlined in the notice, a reduced amount of £60.00 would have been accepted as full and final settlement if payment had been received within 14 days from the date of issue.
Unfortunately, as no payment was received within that time frame, the opportunity to pay the reduced amount has now expired. As a result of continued non-payment and additional charges, the balance has increased and now stands at £170.00.
The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required.
Our client is a member of the International Parking Community which is a government approved Accredited Trade Association (ATA) for Private Parking. Our client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery.
It is a fair amount set by our client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services.
In the meantime, we have placed the account on a 30 day hold to allow you time to seek advice, as mentioned in your correspondence.
Please note that once this hold expires, we will resume collection activity for this PCN.
Yours sincerely,"
This incorrectly states that I received a letter rejecting my appeal.
have also emailed my managing agent with the following :
Subject: REQUEST FOR ASSISTANCE / FORMAL COMPLAINT: Parking Harassment at [redacted]
To: [redacted]
Date: [redacted]
Dear [REDACTED] Management Team,
I am writing to you today as an [REDACTED] leaseholder to seek your urgent assistance in resolving a matter involving your parking contractor, PCM, and their legal representatives, Moorside Legal.
As a resident who pays management fees to [REDACTED], I value the service you provide. However, I am currently facing a very difficult situation regarding my own allocated parking space—a right explicitly granted to me under The Third Schedule, Clause 7 of my lease.
The Current Situation and Harassment
For some time, I have been pursued for a parking charge that is now 15 months old. I attempted to resolve this through the formal appeal process on [redacted] , but my appeal was ignored. Since then, there have been massive gaps in communication—sometimes lasting many months—only for the matter to be suddenly escalated by Moorside Legal with aggressive threats of court action and inflated "debt" fees. Moorside Legal have now escalated their harrasment and claims by sending a letter stating "Letter before Claim".
This inconsistent and predatory approach, combined with the refusal to acknowledge my original appeal, has moved beyond standard enforcement and now constitutes sustained harassment.
Primacy of Contract and [REDACTED]'s Responsibility
While I would prefer to resolve this cooperatively, it is important to highlight that my lease grants me the unfettered right to use my space. Under the legal principle of Primacy of Contract, the terms of my lease override any signage or "permits" subsequently introduced by a third-party firm.
By contracting PCM and allowing Moorside Legal to pursue me, [REDACTED] is inadvertently facilitating a breach of the Covenant for Quiet Enjoyment. I pay my service charges with the expectation that my home and rights will be protected, not undermined by a contractor's procedural failures.
Resolution Requested
I am asking for your intervention to bring this to an amicable close. I kindly request that you:
Instruct PCM and Moorside Legal to immediately cancel notice [Reference Number] and remove all associated false debt.
Confirm my vehicle [Registration] is whitelisted to ensure my proprietary rights are respected moving forward.
I am fully prepared to continue defending my home and my legal rights. If [REDACTED] is unable to assist in stopping this harassment and removing the false debt, I will be left with no option but to pursue "hard line" legal routes. This would include a formal referral to the Housing Ombudsman and, if necessary, seeking a court injunction against [REDACTED] for breach of contract and derogation from grant.
I look forward to your positive response and a swift resolution to this matter.
Yours faithfully,"
I have yet to receive a reply.
I considering my next steps and would sincerely appreciate any guidance from this forum.
Thanks In Advance
