Free Traffic Legal Advice

As this is a residential case relating to your own flat, the first thing it would be useful to see, is what your lease has to say about parking (equally important is anything it doesn't say about parking). Please show us the exact wording of any relevant clauses within your lease.

In this Lease these words have these meanings:
“Parking Space” - the parking space edged red and numbered 339 on Plan 2 or such
alternative parking space as the Landlord shall from time to time designate acting reasonably.

is that the sole mention of parking in the lease? It would be somewhat unusual for them to include a defined term in the Interpretation section of a lease, and then not actually use that term anywhere else in the lease.

How long have you lived in the flat?
When did this PPC start operating in the car park?

It's pity you appealed already. If you had waited for them to issue a Notice to Keeper (NtK), you could also have them for breach of your GDPR under the Data Protection Act 2018.

So, where in your lease does it mention that you must display a permit to park in your demised space? Where is there any mention of you requiring to pay a third party, not party to your lease, £100 each time they issue you an invoice because they think they can scam you just because the managing agent decided they can put up some signs?

If you can, you should ask your landlord for a copy of the head lease they have and what exactly does it say about parking. As before, what it doesn't say about parking is equally important.

What has your management company said about these PCNs? They know you have a right to park there. They can get PCM to cancel these. Remind them that should they not be cancelled and this is litigated, they are jointly and severally liable for the actions of their agent. Ask for evidence in the lease that permits a third party, unregulated private parking company to require tenants or residents to display a permit and allows the third party to invoice resident/tenants for breaching a term on a sign that is not mentioned in the lease.

Point out that unless they can evidence having gone through the tribunal process of amending the lease in accordance with the Landlord & Tenant Act 1987 Section 37 5(a) or (b), PCM have no lawful right to issue PCNs.

PCM's signs cannot override the existing rights enjoyed by residents and their visitors, nor retrospectively and unilaterally restrict existing grants and easements where provided for within the landlord's lease. All modern leases include implied or express rights that cannot be overridden or interfered with, by a third party.

If you are the owner, not just a tenant, then the lease you signed when you purchased the property is what you need to refer to.

The exact wording in that document about your parking rights. If it doesn’t mention anything about requiring a permit for example, is very important.

Do you know if the “the parking space edged red and numbered 339 on Plan 2” is actually owned by you or simply assigned?

I received the appeals results. They rejected all appeals for the 3 penalty charges.
I have attached one of the appeals results. It is unbelievable how abusive they can be.
I have also attached the parking terms and conditions that are displayed in the parking area.

[ Guests cannot view attachments ]

They are not"Penalty Notices" and you must not call them that. They are Parking Charge Notices and are simply speculative invoices. No appeal to PCM was ever going to be successful.

The only way this will be resolved is if/when they try to sue you in the small claims track of the county court for the alleged debt. They will be required to prove that they have a valid contract from the landowner that supersedes your Tenancy Agreement or the Head Lease. I seriously doubt they can do that but they will try and scare with useless debt collector letters who you can safely ignore.

What have the management company said about it?