Author Topic: Residential Parking Enforcement - right to opt out?  (Read 4197 times)

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Residential Parking Enforcement - right to opt out?
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I have own an apartment in a large residential property (leasehold) since 2012 which is managed by a facilities management company.
I have my own designated parking bay which listed in my deeds.

When I moved in there was no parking enforcement scheme but this was introduced by the facilities management company in 2016.
I didn't want to participate in the scheme so agreed with the then facilities management company that I would opt out and I have email evidence of this.
I did get the occasional ticket which I raised with the facilities company and they got the parking enforcement organisation to retract the ticket.

In 2022 the facilities management company changed and in June of this year they emailed all tenants to say they were introducing a new parking enforcement company. I email replied to state I had opted out previous and wish to continue to opt out.
I didn't receive any reply.

About 5 weeks ago I received a parking ticket so I emailed the new facilities management company to re-state I had opted out and please get the ticket rescinded. They emailed back to say I can't opt out.
Since then I have tried to call on multiple occasions and nobody was willing to speak with me to explain why I couldn't continue to opt out.
I had to continue to park in my bay and I have now received a further ticket whilst this issue was (in my opinion) in dispute.

I have now sent them evidence from correspondence with the previous facilities management company stating I had opted out but the new management company just replied to state that it is not possible to opt out.

There is nothing in my leaseholders agreement to state I have to participate in a parking enforcement scheme.

So, is legally possible to opt-out?
Should my opt-out from the previous scheme have rolled-on to the new scheme; or if not should I have received formal notification
And, would it be an acceptable argument to argue the 2 current tickets I have are invalid as they were issued when I have documented evidence of my opt out and hadn't at that point received notification on any changes to my opt-out.
thanks

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Re: Residential Parking Enforcement - right to opt out?
« Reply #1 on: »
Can you show us what exactly your leasehold says in regards to parking? From what you've said so far, there's a potential argument to be made that you have an existing right to park in the space, and as such, you have not entered into any contract with the parking company (the parking charges being alleged contractual charges).

Additionally, are you able to show us the parking charge(s) you have received? Depending on their contents their may be a simple way to get them cancelled - whilst this wouldn't resolve the overriding issue, it would allow you to continue seeking a resolution with the management company and/or the parking company without the threat of potential court action looming.

Re: Residential Parking Enforcement - right to opt out?
« Reply #2 on: »

As said, we need to see the lease as it refers to:

Parking;
Resolution of disputes.

We also need to know the relationship between the other party to the lease (the landlord) and the 'facilities management company'. Then the question of why have you not contacted the other party to the lease about this matter might come into focus. If any action by the FMC purports to rights of you or the landlord then they should also know what's going on.

Today parking, tomorrow walking on cracks in the pavement?

Re: Residential Parking Enforcement - right to opt out?
« Reply #3 on: »
Hi - thanks for your comments so far.
I have attached a photo of the ticket

Plus the details of the tenants manual.
There is nothing specific relating to parking as this was issued prior to the parking enforcement being introduced and I haven't seen any subsequent amendments.

They have listed a few points that are non-permissible but nothing to do with parking.


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Re: Residential Parking Enforcement - right to opt out?
« Reply #4 on: »
and the ticket

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Re: Residential Parking Enforcement - right to opt out?
« Reply #5 on: »
We don't need the tenant's manual, we need the wording of your lease.

What parking company is it?

Re: Residential Parking Enforcement - right to opt out?
« Reply #6 on: »
All parking Services UK ltd

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Re: Residential Parking Enforcement - right to opt out?
« Reply #7 on: »
I need to get the leaseholders agreement again but from memory there was nothing about parking enforcement as there wasn't anything in place at that point and it has never been updated.
I'll dig it out and post here

Re: Residential Parking Enforcement - right to opt out?
« Reply #8 on: »
It's not so much parking enforcement, but what your lease says about you having the right to park.
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Re: Residential Parking Enforcement - right to opt out?
« Reply #9 on: »
Hi, I am still trying to find the Tenancy agreement but not sure I have one.
But as there was no parking enforcement in place there wouldn't have been any reference to it in any agreement.
The option to opt-out was accepted by the first management company but the new company are insisting I can't but have not provided any amendments to my tenancy agreement.
I've attached 2 doc showing the deeds for the parking space and the summary of the tenancy agreement rules. If there was any parking enforcement rules it would have been listed here.

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Re: Residential Parking Enforcement - right to opt out?
« Reply #10 on: »
I have two issues on-going.
1. How do I appeal the 2 PCN tickets I have received so far?
(these were issued when I believed I had opted out of a parking enforcement scheme)

2. Do I have the right to appeal that I can no longer opt out of the parking enforcement scheme or do I have to abide by whatever the management company decides

Re: Residential Parking Enforcement - right to opt out?
« Reply #11 on: »
Hi, I am still trying to find the Tenancy agreement but not sure I have one.
The deed of covenant you have shared makes reference to a lease dated 26th April 2006, so one must exist.

From what we've seen so far, in the absence of any clause/covenant in the as yet unseen lease, the space is yours to use, and there's nothing requiring you to allow a third party parking company, a stranger to said lease, to issue charges in your space, and much less for you to enter into any contracts with them/pay them any money. Any appeals to the parking company can be made on this basis - you may wish to share a draft here for feedback.

Any correspondence with the management company will be along similar lines - although getting a copy of the lease would be wise. Then you can refer to that and all the documents and make clear that there is no requirement for you to participate in any private parking company scheme, nor allow them to operate on your parking space.

You may want to read up on cases on PePiPoo and the MSE forums regarding residential parking, and 'primacy of contract'.

Re: Residential Parking Enforcement - right to opt out?
« Reply #12 on: »
Thanks for the message and your thoughts so far.
I will look again for the tenancy agreement but will also check out the forums you mentioned and try to draft something to send to the enforcement company and management company

Re: Residential Parking Enforcement - right to opt out?
« Reply #13 on: »
Hi all, I have put together a PCN appeal letter.
Would be really grateful to get some feedback on this.

I need to write a separate one for the Management company to appeal their cancellation of my opt-out and I'll share this here once I've don a draft
« Last Edit: October 29, 2023, 11:01:53 am by DWMB2 »

Re: Residential Parking Enforcement - right to opt out?
« Reply #14 on: »
I've removed the attachment as you have included your email address and phone number in there.

I'd redact those and Reupload!

And as an aside, I'd leave your phone number out. You want to do any communication with the parking company in writing, so that you have a record of everything.

In terms of the focus of the letter, I'd focus on your rights as the owner of the space, and primacy of contract.