I agree. Send the letter.
It is not a "fine" and you should never refer to it as such. It is simply a speculative invoice from an unregulated private parking company.
AN important point to make is that what is not in your lease is as equally important as what is in it. In this case, there is no mention of a requirement to display a permit. You should mention that you only ever displayed it as a courtesy, not a requirement.
As for the management company, you may want to remind them that they are jointly and severally liable for the actions of their agent. In which case, they may want to reconsider their unhelpful attitude. Unless the lease was "varied" to include a third party such as P4Parking and permit them to issue £100 invoices to residents, then they have no legal right to do so and any attempt they made to access your DVLA data is a breach of your GDPR and opens both the operator and the management company to liability under the Data Protection Act 2018.
If they come back with any waffle about notifying the leaseholders about this, remind the that unless a variation to the lease was made according to the requirements of the
Landlord and Tenant Act 1987, Section 37, then it means nothing.
You could also point out to the management company, as they are jointly and severally liable for their agents actions, with the following:
Subject: Unlawful Parking Charge Notice, Breach of Lease Terms, and Data Protection Violations
Dear [Management Company Name/Contact Person],
I am writing to formally address the unlawful Parking Charge Notice (PCN) issued to me by P4Parking, the agent you have contracted to manage parking at [Residential Block Name]. The issuance of this PCN violates my rights under the terms of my Short-Term Tenancy Agreement (STA), and both you and P4Parking have unlawfully obtained and processed my personal data, in breach of the UK GDPR and Data Protection Act 2018 (DPA 2018).
Supremacy of the Tenancy Agreement
Under the terms of my STTA, I am granted:
“A right for the Tenant to park a private motor car or a motor cycle or motor cycles in a parking space within areas designated from time to time by the Landlord within the Car Park.”
This agreement does not require me to display a parking permit or comply with any scheme imposed by third parties. Additionally, there is no provision in my STA that references a need to comply with parking enforcement operated by P4Parking.
The Landlord and Tenant Act 1987 (LTA 1987), Section 37, states that variations to the terms of a lease can only occur with the consent of all relevant parties and only through an order of the tribunal. No such variation has been made to the head lease or my tenancy agreement. As a result, the parking enforcement imposed by P4Parking directly interferes with my contractual rights and is unlawful.
Unlawful Data Processing
The issuance of the PCN by P4Parking required them to access my personal data from the DVLA. However, for this access to be lawful, there must be a legitimate basis under the UK GDPR and DPA 2018. In this case, no lawful basis exists because:
No Enforceable Parking Scheme: Any parking scheme that conflicts with the tenancy agreement is void and unenforceable. Consequently, the collection of personal data for enforcement purposes was unlawful.
Unlawful Processing of Personal Data: Article 5(1)(a) of the UK GDPR mandates that personal data must be processed lawfully, fairly, and transparently. P4Parking’s actions—and, by extension, yours as their principal—fail this standard.
As the contracting party with P4Parking, you bear joint and several liability for their unlawful actions. By instructing P4Parking to enforce parking regulations in contravention of tenants’ lease rights, you are complicit in the unlawful access and processing of personal data.
Liability for Compensation
Under Article 82 of the UK GDPR and Section 168 of the DPA 2018, individuals have the right to claim compensation for material or non-material damage arising from data protection breaches. In Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333, the court confirmed that damages for distress caused by unlawful data processing are recoverable, even in the absence of financial loss.
Furthermore, Vidal-Hall v Google Inc [2015] EWCA Civ 311 established that compensation may be claimed solely for distress under the DPA 1998, a principle now enshrined in the UK GDPR and DPA 2018.
I reserve the right to pursue compensation for:
• The distress caused by the unlawful access to and processing of my personal data.
• Any costs incurred in addressing this matter, including time spent preparing my complaint.
My Demands
I request that you take the following actions within 14 days:
Cancel the PCN: Confirm in writing that the Parking Charge Notice issued to me by your agent has been cancelled.
Cease Data Processing: Ensure that all personal data related to this incident is permanently deleted from P4Parking’s systems and any systems under your control.
Acknowledge Your Liability: Provide written assurance that you will not interfere with my parking rights or unlawfully process my personal data in the future.
Failure to address these issues satisfactorily will leave me no option but to:
• File a formal complaint with the Information Commissioner's Office (ICO) regarding the unlawful processing of my data.
• Pursue legal action under Article 82 of the UK GDPR for compensation arising from the data breach and interference with my tenancy rights.
Legal Consequences
You should be aware that such claims could result in:
• Significant reputational damage to your organisation.
• Financial liability, including compensation for distress and costs.
This letter serves as a formal pre-action notice under the Pre-Action Protocol for Civil Claims. Should you fail to respond appropriately, I will proceed with filing a claim in the County Court without further notice.
I trust you will address this matter promptly to avoid further escalation.
Yours sincerely,
[Your Full Name]
