You need to review the lease you signed when you purchased the property. Tell or show us any mention about parking.
Form what you've told us so far, this is my understanding: The lease grants the leaseholder (you) the exclusive right to park in the designated parking space (No. 339 on Plan 2). There is no mention of needing to display a permit or any form of compliance with third-party parking enforcement.
The lease permits the landlord to designate an alternative parking space, provided it is done "acting reasonably." There is no evidence of a specific requirement imposed by the landlord to follow a parking scheme managed by PCM Ltd. or any other third party.
Restrictions such as no parking of untaxed/unroadworthy vehicles or washing cars apply to the common parts, not to the exclusive use parking spaces.
So, based on the limited information we have, we can adduce the following:
The lease is the governing document for the relationship between the leaseholder (you) and the landlord. Any terms imposed by a third-party, unregulated private parking company that conflict with the lease are likely unenforceable. For PCM Ltd’s requirements (e.g., displaying a permit) to be enforceable, they would need to be incorporated into the lease through a formal variation agreed upon by all parties.
The management company claims they have no control over PCM Ltd. (doubtful) This raises the question of whether PCM Ltd has authority to act on behalf of the landlord. Without such authority, PCM Ltd’s enforcement actions are unlawful.
The leaseholder has a legal right to "quiet enjoyment" of their property, including the parking space. Imposing charges for parking in the designated space without displaying a permit constitutes a breach of this right.
You should write to the management company with something along the following lines and see what their response is:
Dear [Management Company Contact/Title],
Re: Parking Charges Issued by Parking Control Management Ltd
I write regarding several Parking Charge Notices (PCNs) issued by Parking Control Management Ltd (PCM) concerning my use of the parking space [Space Number, e.g., "No. 339"] associated with my property at [Your Property Address]. I require your immediate attention and clarification on this matter.
Lease Terms and Lack of Requirement for Permits
According to the terms of my lease, I hold an exclusive right to use the designated parking space without conditions requiring the display of a permit or adherence to third-party parking enforcement schemes. Specifically, my lease grants me:
• The exclusive right to park a vehicle in the space, without mention of any obligation to comply with parking restrictions imposed by third parties.
• No contractual obligation to PCM Ltd, nor any requirement to display a parking permit.
In light of this, PCM Ltd’s actions are in direct contradiction to my leasehold rights.
Request for Evidence of PCM Ltd’s Authority
If PCM Ltd has been instructed to enforce parking regulations within the estate, I formally request documented evidence of the following:
• The legal basis upon which PCM Ltd has the authority to issue PCNs to leaseholders for parking in spaces they have the exclusive right to use under their leases.
• Confirmation that any variation to the lease granting PCM Ltd such authority was made in accordance with the requirements of the Landlord and Tenant Act 1987, Section 35, including consultation with and agreement from all affected leaseholders.
• A copy of the agreement or contract between the management company and PCM Ltd, outlining their authority, duties, and responsibilities regarding enforcement within the estate.
Joint and Several Liability
If no such evidence can be provided, please be advised that I will hold [Management Company Name] jointly and severally liable for the actions of PCM Ltd as your agent. This includes any losses, damages, or legal costs incurred in defending against these unjustified PCNs, should this matter proceed to litigation.
Immediate Action Required
I request that you:
• Confirm within 14 days that all outstanding PCNs issued by PCM Ltd in relation to my parking space have been cancelled.
• Provide the requested documentation supporting PCM Ltd’s authority and compliance with the lease terms and statutory requirements.
Failure to act promptly will leave me with no choice but to pursue legal remedies to enforce my leasehold rights and recover any costs incurred.
I trust this matter will be resolved amicably and without further unnecessary escalation. Please address your response to me at the above address or via email at [Your Email Address].
Yours sincerely,
[Your Full Name]
