Yes. Make a prompt, formal complaint to A2Dominion (the landlord) alongside the keeper-appeal already submitted.
Why a landlord complaint is appropriate:
• Consultation duty: Your tenancy (cl. (9)) says A2Dominion will consult you before making changes to housing management/maintenance that are likely to have a substantial effect. Introducing (or tightening) a permit/scratch-card regime plainly affects residents’ ability to park.
• Right to information: Cl. (10) gives you a right to information about tenancy terms and A2Dominion’s policies/procedures. No notice or permits were provided.
• Complaints procedure: Cl. (11) requires A2Dominion to operate a complaints procedure and to inform tenants of changes.
• Parking clauses: The “Roadways and Parking” term ((18)) restricts nuisance/obstruction etc., but does not create a permit obligation. A later third-party scheme cannot unilaterally vary your tenancy (primacy of contract/derogation from grant).
What you should ask A2Dominion to do:
1. Cancel the PCN and instruct Parking & Property Management to cease enforcement against your vehicle and address.
2. Confirm no contractual variation was made to require visitor scratch cards for tenants at your block, or, if A2Dominion believes there was a change, provide:
• the date and method of consultation/notification,
• copies of tenant communications and policy documents, and
• the landowner–operator contract/scope authorising enforcement in your courtyard.
3. Explain the visitor-permit policy: how residents were to obtain scratch cards; why none were supplied to you in 15 years’ occupation; and what reasonable adjustments are in place for residents’ visitors.
4. Data and address accuracy: confirm your DVLA address was used; require that no adverse data processing continues while the complaint is investigated.
5. Remedy: request written confirmation of cancellation and that no further PCNs will be pursued without proper consultation and supply of permits.
You can send the following to A2Dominion South Limited:
Subject: Formal Complaint – Parking & Property Management PCN / Unlawful Variation of Tenancy Terms
Dear A2Dominion South Limited,
I am the tenant and registered keeper at [full address]. I am raising a formal complaint concerning a Parking Charge Notice (PCN) recently issued by Parking & Property Management for “not displaying a valid visitor scratch card permit” whilst parked in the car park serving my block.
I have lived here for 15 years. During this time, tenants of this block have always been permitted to park in visitor bays as well as lettered bays. No resident in this block has an allocated space. At no point have I ever been supplied with, or informed of, any requirement to obtain visitor scratch card permits.
Only recently, I noticed that new signs had been placed over the top of existing ones. This appears to be when Parking & Property Management began enforcing a permit regime. I did not receive any consultation, advance notice, or communication from A2Dominion about such changes.
This is contrary to my tenancy agreement, in particular:
• Clause (9): A2Dominion must consult me before making changes in housing management or maintenance likely to have a substantial effect.
• Clause (10): I have a right to information about tenancy terms and A2Dominion’s repairing obligations, policies and procedures on tenant consultation, housing allocation and transfers, and performance as landlord.
• Clause (11): A2Dominion must establish a procedure for dealing with complaints and must inform tenants of any scheme changes.
• Clause (18): Roadways and parking restrictions are limited to obstruction, unroadworthy vehicles, and nuisance. There is no mention of a visitor permit scheme.
The introduction of a third-party enforcement regime without consultation amounts to a unilateral and unlawful variation of my tenancy and a derogation from grant.
I therefore require that A2Dominion:
1. Immediately instruct Parking & Property Management to cancel this PCN and to cease enforcement against my vehicle and address.
2. Confirm that no lawful variation has been made to my tenancy requiring scratch card permits. If you believe there has been, provide copies of all tenant consultation records, communications, and policy documents.
3. Disclose the scope and authority of the landowner–operator agreement with Parking & Property Management.
4. Explain why no visitor permits have ever been supplied to me in 15 years of residence.
5. Confirm that no further PCNs will be issued against residents of this block without proper consultation and supply of permits.
Please treat this as a formal complaint under your complaints procedure. Kindly provide a written response, a complaint reference, and advise me which stage of your procedure this complaint is logged under. If unresolved, I will escalate to the Housing Ombudsman.
Yours faithfully,
[Full name]
[Flat and building address]
Do you know when the PPM signs were replaced to include this 'material change'? If it was within the last 4 months, did they also post temporary signs that clearly indicated that there is a 'material change' to the terms and conditions?
