3. UKCPS sent penalty charge for parking in my own space
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UKCPS sent penalty charge for parking in my own space
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Hi guys

I hope you can help.

I lived in a flat with private parking managed by UKCPS. I had my own numbered parking space with a parking permit. My wife and I have a vehicle each, and we drove each others vehicles. Therefore we moved the permit between vehicles depending on which was in the space. For this reason the permit was not fixed to the window but lay on the dashboard.

In 2023 I received a series of charges for my van being parked in my own space. The permit was on the dashboard but the photo they included as evidence showed only the windscreen so the permit was not visible.

Rightly or wrongly I ignored their letters and most of them went away. But one is being pursued.

It was passed to Trace Debt Recovery (as were the others) but this one keeps sending increasingly threatening  letters saying they have prepared evidence to for referral to UKCPS's solicitor.

What are my options bearing in mind my vehicle was parked in my space with my permit displayed. Also I cannot be certain who was driving which vehicle

Thanks for any help

Bob
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #1 on: »
READ THIS FIRST - Private Parking Charges Forum guide

Please show us the original Parking Charge Notice (PCN) you received for the one that is still being chased. Was the PCN issued as a windscreen Notice to Driver (NtD) or a postal Notice to Keeper (NtK)?

What has the management company said about these PCNs? More importantly, what does your lease/AST say about parking? What it doesn't say is equally as important. For example, does your lease/AST mention that you are required to even display a permit?

So, please answer the questions in order that we can advise accordingly.
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #2 on: »
Thanks for this. I don't have the original PCN sorry, I threw all their correspondence away. It was a postal Notice to Keeper (NtK).

I will chase up the management company. The building management company have said that the car park and bins are managed by a different company. I'll chase them up.

I'll also dig out the lease and see what it says and doesn't say.

UKCPS have signs all over the car park saying parking on private land etc.

I'll get back to you.

Bob
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #3 on: »
Do not let the building management company fob you off by telling you that the car park is managed by a different company. We know that!!! It is managed by UKCPS. However, it is most likely that the building management company has contracted UKCPS to manage the car park. As such, they are jointly and severally liable for the actions of their agents.

If there is nothing in your lease, which has supremacy of contract over any third party being able to issue you with speculative invoices for parking in your own space, and the lease has not been altered in accordance with the Landlord and Tenant Act 1987 section 37.5(a) or (b), then they will have acted unlawfully.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: UKCPS sent penalty charge for parking in my own space
« Reply #4 on: »
Hi Guys

It took me such a long time to find out who was managing the car park, as in who had contracted UKCPS. However now I can provide the additional information you requested.

Firstly the lease. Under rights of the tenant it says: 

"to park one Permitted Vehicle in the parking space shown edged in red on Plan 1."

I've attached a photo of the full page for the full legal wording.
However, my lease doesn't include the Plan 1 referred to, so maybe I can't prove I have a parking space?

In terms of the management company, I've had this exchange. My part of the conversation is in italics and i've removed my personal information.

Can you advise me of my best next steps please?

Thank you for any help.

Dear Jessica
 
I understand you are the property manager for the Kelham Mills estate In Sheffield, specifically for the car park and three of the apartment buildings.
 
I have a property in ****, which is not managed by RMG, but I have a parting space in the car park which is managed by RMG.
 
I own Flat ********, and my parking space is number **.
 
I am currently being threatened with court action by UKCPS for my own vehicle being parked in my own parking space some time in 2023. They claim there was no permit displayed but the photo they provided was of the windscreen, whereas I display my permit on the dashboard.
 
This is an outrage. I have no doubt it would be thrown out of court when I produce my lease document that details my legal right to park in  my own parking space, but I really do not need all of the stress and anxiety that the threatening letters are causing me.
 
My vehicle was *****, my name is ****** and I am currently residing at *******.
 
Is there any way you can contact UKCPS and make these undeserved intimidating threats go away please?
 
Thanks,

------

Thank you for your email.

I regret to hear about the difficulties you are experiencing with UKCPS. As per their instructions, UKCPS issues parking charges to individuals who fail to display a permit, irrespective of their entitlement to park.

To assist you further, I need to clarify a few points:

Was the permit displayed? Even if placed on the dashboard, it should be visible from the windscreen.

Have you made any payment to UKCPS? Please note that once payment is made, our options for intervention are significantly limited.

Providing the above information will enable me to assist you more effectively.

Kind regards,

---------

Thank you for getting back to me Jessica.
 
Yes the permit was displayed very clearly on the dashboard and no I haven't made any payment to UKCPS.
 
I hope this helps.

----------

Thanks for coming back to me.

Do you still have the PCN? Would you be able to send over a picture for me please if possible?

Or PCN number is fine if you don't have this.

------------

Hi Jessica
 
Sorry I don't have the PCN. It's over 2 years old!
 
The date of the incident was 14/03/2023 and the reference i have from Moorgate Legal is ***** if that helps. My vehicle was reg no ******.
 
Thanks for any help,

------------


No worries, thank you.

I will contact UKCPS to see what if there is anything we can do.

I am on A/L now until April 8th so will give you an update after then.

-------------

I have spoken to UKCPS and unfortunately because of the age of the charge and the stage that it has reached, UKCPS are unable to take any action. They have advised that you will need to contact the Debt Recovery team which I am assuming are Moorside Solicitors, directly for further inquiries.

I understand this may be frustrating, and I'm sorry I cannot be of more help, but if you have any problems in the future you can come directly to me and I will review for you.

Kind regards,




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Re: UKCPS sent penalty charge for parking in my own space
« Reply #5 on: »
Based on your exchange with 'Jessica' from RMG and what else we know so far, here’s an analysis of the legal and procedural position, along with suggestions for next steps:

You have a contractual right to park derived from your lease, which is not subject to displaying a permit or complying with any third-party signage. The only condition mentioned is payment of the service charge.

This is a key clause in your lease:

"Subject to the Tenant paying the Service Charge the right for the Tenant and all persons authorised by the Tenant in common with all other persons having a similar right: to park one Permitted vehicle in the parking space shown edged red in Plan 1."

It is important because the lease grants a positive right to park, subject to service charge payment. The use of “in common with all other persons having a similar right” indicates non-exclusive rights over a shared parking area.

The “space shown edged red in Plan 1” is meant to define the area—but if the plan is missing, that does not invalidate the right, especially if the red-edged space refers to the whole car park (as I suspect). Importantly, no reference is made to a permit scheme, compliance with signage, or the need to contract with a third party for parking.

UKCPS cannot override your leaseholder rights granted under the lease. UKCPS are a stranger to the lease and cannot impose conditions (like requiring a permit) that are not in the lease.

This is well established in case law:

Jopson v Homeguard [2016] – Residential leaseholder rights prevail over signage.
Pace v Mr N (2016, C6GF14F0) – Parking company cannot enforce terms against a leaseholder with pre-existing rights.

RMG admits they are not the managing agent for the building where you, the leaseholder, resides. This suggests they are not party to the leaseholder’s tenancy agreement. They likely have no legal standing to impose new terms on that lease. While they do manage the car park land, they must respect existing leasehold rights unless they can demonstrate:

• Express authority from the freeholder to implement and enforce new parking conditions on leaseholders, and
• Evidence that those new conditions were properly incorporated into the leaseholder's contractual rights as per the Landlord and Tenant Act 1987, section 37 5(a) or (b), which they haven't done.

Their reply that UKCPS issues PCNs “irrespective of entitlement to park” is revealing and legally flawed. UKCPS cannot lawfully enforce against someone who holds a contractual right that predates and excludes their scheme.

You mentioned Moorgate Legal, which normally acts as a bulk litigator. They are notorious for issuing poorly pleaded claims. Even if the PCN is over two years old, if a claim is threatened, you would need to defend on grounds of primacy of contract.

You could demand strict proof of landowner authority and their standing to issue proceedings and challenge the absence of any contract formation (as you already hold rights to park).

I suggest you send a formal complaint to RMG as follows:

Quote
The Complaints Department
Residential Management Group
RMG House
Essex Road
Hoddesdon
EN11 0DR

By email to: Customerservice@rmguk.com

Subject: Formal Complaint – Unlawful Interference with Leasehold Parking Rights by UKCPS

[Date]

Dear Sir or Madam,

I am writing to submit a formal complaint regarding the conduct of your appointed parking contractor, UKCPS, in relation to a parking charge issued against my vehicle on 14 March 2023, while it was parked in my allocated parking space at Kelham Mills, Sheffield.

I am the leaseholder of Flat
  • , and my property includes the right to use parking space number
  • , which forms part of the communal areas of the estate. Although RMG does not manage my building, I understand that you are responsible for the management of the car park area and have contracted UKCPS to carry out enforcement there.


The parking charge was issued despite my vehicle being correctly parked in my own allocated space and while clearly displaying a valid permit on the dashboard. UKCPS have taken no steps to investigate the matter or acknowledge the legitimacy of my parking rights, and they have now passed the matter to Moorgate Legal, who are threatening me with legal action.

I raised this matter directly with your Property Manager, Jessica, who responded:

“As per their instructions, UKCPS issues parking charges to individuals who fail to display a permit, irrespective of their entitlement to park.”

This statement is astonishing and unacceptable. A leaseholder’s contractual right to park cannot lawfully be ignored or subordinated to arbitrary third-party rules imposed by a contractor. UKCPS are not a party to my lease and have no authority to determine or override leaseholder rights. The implication that enforcement will proceed regardless of legal entitlement demonstrates a disregard for property rights and a lack of oversight by RMG.

I was then advised that, due to the age of the charge, RMG was “unable to take any action” and that I should instead deal directly with Moorgate Legal. I find this deeply unsatisfactory. RMG appointed UKCPS and must accept responsibility for the actions of its agents. It is not for leaseholders to negotiate with third-party debt collectors about charges that never had legal standing to begin with.

I remind you that I hold a contractual right to park in my designated space as granted under my lease. That right is not conditional on the display of a permit or compliance with terms imposed by a third party such as UKCPS. It is a well-established principle of English law that leasehold rights take primacy over later-imposed schemes introduced without proper authority. I refer you to the persuasive county court authority in Pace v Mr N (2016) and the guidance of HHJ Harris QC in Jopson v Homeguard [2016], both of which confirm that a residential leaseholder with an existing right to park cannot be subjected to enforcement by a private parking company.

If RMG intends to argue that any variation to my lease permits the introduction of a permit scheme or the imposition of contractual penalties by UKCPS, I will require full disclosure of:

• The basis on which my lease was varied to include such a scheme,
• The date and method of variation, and
• The relevant statutory process followed under the Landlord and Tenant Act 1987, particularly section 37(5)(a) or (b).

To my knowledge, I have never agreed in writing to any variation of my lease terms, and no application has ever been made to a Tribunal. Without clear evidence of such a variation, any attempt to override my leasehold rights is not only invalid but may constitute an unlawful interference with my quiet enjoyment of the property.

RMG’s failure to exclude my bay from the UKCPS scheme, or to properly instruct UKCPS to cancel the charge once the facts were established, has caused me significant stress and wasted time. I have engaged with your property manager, who initially seemed willing to assist but ultimately deferred responsibility, citing the age of the PCN. This is unacceptable, particularly when it is your contractor acting in your name who is continuing to harass a lawful occupier.

Accordingly, I request the following:

1. That you formally instruct UKCPS and/or Moorgate Legal to cancel the charge and cease all enforcement activity in relation to this matter.
2. That you confirm in writing that my space is to be removed from the UKCPS enforcement scheme and that no future action will be taken in respect of my vehicle while parked in my allocated bay.
3. That you issue a formal apology for the distress caused and explain what steps you will take to ensure similar incidents do not occur again.

If I do not receive a satisfactory response within 14 days, I reserve the right to escalate this complaint to the Property Ombudsman and, if necessary, seek legal advice regarding RMG’s interference with my quiet enjoyment of the property and leasehold rights.

I look forward to your prompt resolution of this matter.

Yours faithfully,

[Your Name]

You can email the complaint to Customerservice@rmguk.com and also CC in yourself. Make sure you mark it as a formal complaint.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: UKCPS sent penalty charge for parking in my own space
« Reply #6 on: »
That's amazing, thank you so much.

Bob
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #7 on: »
« Last Edit: April 08, 2025, 10:50:02 pm by Charitynjw »
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #8 on: »
Interesting. The Duchess of Bedford House ruling will not apply where the resident has no easement or licence to park, or where the land is common parts not demised to leaseholders and no right was granted or implied.

You must establish the existence of a subsisting right — either by express lease terms, long-standing usage, or application of s.62 LPA 1925 — for this case to be invoked effectively.

I would summarise it as follows:

Duchess of Bedford House RTM Co Ltd v Campden Hill Gate Ltd [2023] EWCA Civ 1470 is binding Court of Appeal authority confirming that a parking easement, once validly created and passed through leasehold interests, cannot be extinguished or overridden by subsequent management arrangements or contractual signage. It affirms that the introduction of private enforcement schemes by a managing agent cannot lawfully interfere with pre-existing legal rights unless expressly varied.

Regarding the Housing Act 1985, the principles in sections 102–103 of the Housing Act 1985 do apply to secure tenants, and they strictly limit the landlord’s ability to vary tenancy terms — including any attempt to impose third-party private parking enforcement where such enforcement represents a new term or restriction on how the tenant may use the property or communal areas.

Under section 102(1), the terms of a secure tenancy can only be varied:

(a) by agreement;
(b) where rent or service charges are involved, via an express clause;
(c) by following the statutory process under section 103 for periodic tenancies.

If the landlord introduces a third-party private parking company, with signage, permit requirements, and PCNs without tenant agreement or statutory process, that is an unlawful variation of the tenancy terms.

This is especially so if:

• The original tenancy was silent on parking restrictions or enforcement;
• The tenant previously enjoyed use of communal parking without needing a permit or risk of PCNs;
• The changes are not merely administrative (e.g. labelling bays), but introduce penalties, conditions, or risk of enforcement by a third party.

This would be a new restriction or obligation, not permitted unless:

• The tenant explicitly agrees, or
• The landlord follows the section 103 notice procedure for periodic tenancies.

Even where communal land is involved, the tenant’s right of quiet enjoyment and existing use cannot be lawfully altered by signage or unilateral action.

Although s.102(1)(b) permits variation for rents or service charges, the introduction of enforcement (e.g. parking charges or PCNs) is not a service charge in the statutory sense — unless it’s provided for in the lease and compliant with consultation and reasonableness provisions under the Landlord and Tenant Act 1985, which are separate.

So, if a secure tenant is issued with a PCN by a parking company introduced unilaterally by the landlord or management, the tenant may argue:

• The enforcement terms were not part of the tenancy;
• They never agreed to such a variation;
• No valid section 103 procedure was followed (if it is a periodic tenancy);
• The PCN is therefore unenforceable, and the parking company is acting without lawful authority.
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #9 on: »
Thank you @b789 and @Charitynjw

I think I may need such case laws! RMG have not upheld my complaint. They still want me to contact Moorside Legal. Any advice you can give would be really appreciated.


I got this email:

Following on from your recent complaint, please find attached our response at Stage 1 of our internal complaints process.

If you have any further questions, please do not hesitate to contact RMG.

with this attachment:

Stage 1 Complaint – Ref: 04108974
I want to thank you once again for taking the time to tell us about your complaint. I have
now completed my investigation into your complaint regarding;
- A parking ticket you receive in 2023.
Outcome
I have carefully considered your complaint however I am sorry to say that on this
occasion I have not upheld your complaint. This is because I was unable to identify a
service failure through my investigation.
I appreciate this may not be the outcome you were expecting, and I hope the detail
provided through my investigation findings will enable you to further understand my
decision and how I came to this conclusion.
Findings
The Property Manager, Jessica has spoken to UKCPS and due to the age of the charge
and the stage that it has reached, UKCPS are unable to take any action. The case is
considered closed with UKCPS as the debt recovery process has now progressed onto a
different entity, Moorside.
UKCPS operate based on displaying a valid permit, and ultimately this should have been
disputed at the point of receiving a PCN 2 years ago.
UKCPS have advised that you will need to contact Moorside directly to resolve this
matter. If you have evidence that the permit was correctly displayed, please present this
to the debt collector who will be able to review this further.
I understand this may be frustrating, and I am sorry that we cannot be of more assistance
regarding this issue. If you ever have any other issues regarding PCN’s which you

believe should not have been issued, please contact us straight away and we will be
willing to assist further.
Thank you for your feedback
I want to thank you again for bringing this to our attention and telling us about your
experience. We use the feedback given to us by our customers to continually shape and
improve the services we deliver.
This complaint is now closed, however if you are not satisfied with the outcome, or how
we have handled your complaint, please contact us as soon as possible to tell us the
reasons why and confirm if you would like to escalate your complaint to a Stage 2 review.
Yours sincerely,
Jane Gillings
Regional Manager
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #10 on: »
If it helps, this is the complaints procedure for RMG, which appears to be part of Placed for People:
-----

STATEMENT OF INTENT
All RMG customers on developments RMG manages for Places for People will
have their complaints dealt with under Places for People’s complaints process
which the Housing Ombudsman oversees.
Complaints may include:
Delays or failure to provide a service
Dissatisfaction with our policies and procedures
Perceived unhelpful behaviour or treatment by staff or contractors
Failure to achieve our published standards
However, our complaints process is not suitable for determining disputes that
relate to legal obligations between you and our clients or legal obligations
between us and our clients.
HOW DO I MAKE A FORMAL COMPLAINT?
If your complaint is not resolved informally, and you feel that you need to take the
matter further and raise a formal complaint, please write to the address below
setting out your concerns together with copies of any documentation that will
help us to investigate.
Correspondence Address:
RMG House
Essex Road
Hoddesdon
Hertfordshire
EN11 0DR
Email Address: Customerservice@rmguk.com
PUT IT RIGHT
When you let us know that you have had a problem with our service, our priority
is to ‘Put It Right’ for you. If the person taking the complaint can ‘Put It Right’ for
you within 24 hours, we will consider your complaint as resolved.

STAGE 1
Places for People’s objective to resolve your complaint to your satisfaction within
this first stage of the formal complaints procedure. The appropriate management
team will work to address all of your concerns, provide detailed explanation to the
matters raised and, where necessary, offer appropriate resolution. At Stage 1,
complaint correspondence will be acknowledged within 5 working days of
receipt. To allow time for detailed investigation, we will aim to provide a response
within 10 working days.
PLACES FOR PEOPLE (PFP)
COMPLAINTS PROCEDURE

STAGE 2
In the event that you feel the matter needs to be taken further, then upon your
request the complaint will proceed to Stage 2. Places for People will review your
complaint and provide the final viewpoint and any offer made. Places for People
will acknowledge your complaint within 5 working days of receipt and will aim to
provide a response within 20 working days.
Places for People is a member of the Housing Ombudsman. As a Places for
People customer if you are still not satisfied following Stage 2 you can refer your
complaint to the Housing Ombudsman Service.
The Housing Ombudsman Service is an independent organisation that
investigates complaints. They are not an advocacy or support service (but there
are other organisations who can help you with advocacy or support)
You can ask the Housing Ombudsman Service to look at your complaint if:
You have gone all the way through Places for People’s complaints handling
procedure
It is less than 12 months after you became aware of the matter you want to
complain about; and
The matter has not been (and is not being) considered in court
The Housing Ombudsman Service will ask you to complete a complaint form
and provide a copy of our final response to your complaint.
You can do this online at:
www.housing-ombudsman.org.uk/residents/make-a-complaint
Or call them on: Free phone 0300 111 3000
You may wish to get independent support or advocacy to help you progress your
complaint.
The Housing Ombudsman Service contact details are:
Housing Ombudsman Service
PO Box 152
Liverpool
L33 7WQ
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #11 on: »
RMG’s Stage 1 response fails to engage with the central legal point of your complaint: that you have a leasehold right to park in your space which cannot be overridden by UKCPS or RMG’s instructions to them.

Their response rests on:

• The age of the PCN, not the validity of the PCN.
• An assumption that failure to appeal at the time equals forfeiture of rights.
• A suggestion that you should now negotiate with a debt collector rather than RMG addressing its own agent's actions.

These are inadequate and misrepresent their responsibility as principal to UKCPS's agency.

Below is a Stage 2 escalation letter, reinforcing your position and requesting a proper legal response. It also sets out that if not resolved, you will escalate to the Housing Ombudsman.

Quote
Complaints Department
Residential Management Group
RMG House
Essex Road
Hoddesdon
EN11 0DR

[Date]

By email: customerservice@rmguk.com

Subject: Escalation to Stage 2 – Formal Complaint Ref: 04108974

Dear Sir or Madam,

I am writing to request escalation of my formal complaint (Ref: 04108974) to Stage 2 of the Places for People complaints procedure.

I remain dissatisfied with the Stage 1 response from Jane Gillings, which wholly fails to address the substance of my complaint—namely, that UKCPS, acting under a contract with RMG, issued a Parking Charge Notice to me despite the fact that I was parked in my own allocated bay, exercising a leasehold right.

As explained previously:

• I am the leaseholder of Flat [flat No.] with an associated right to park in bay [bay No.], which forms part of the demised or common areas.
• This leasehold right to park is not conditional upon the display of a permit or compliance with any third-party terms imposed by UKCPS.
• The introduction of a permit scheme or third-party enforcement regime cannot override my legal rights without either my written consent or an application to the First-tier Tribunal under s.37(5) of the Landlord and Tenant Act 1987.

Instead of engaging with these legal issues, the Stage 1 response merely repeats UKCPS's internal rules and suggests I take the matter up with Moorgate Legal. This is both inappropriate and unsatisfactory. UKCPS are your appointed contractor, and RMG remains responsible for their actions on your behalf.

I also note and object to your Property Manager’s earlier comment that UKCPS issues charges “irrespective of entitlement to park.” This statement demonstrates either a clear misunderstanding of leaseholder rights or a deliberate disregard for them. If RMG does not recognise or protect leaseholder rights granted under a lease, this represents a fundamental failure in property management standards.

I must again insist on the following:

1. That RMG confirm, in writing, that my allocated parking space is not and was never subject to enforcement by UKCPS;
2. That RMG issue a clear instruction to UKCPS (and any subsequent parties, including Moorgate Legal) that this PCN is invalid and must be withdrawn;
3. That RMG provide an explanation as to why no such instruction was issued earlier despite being made aware of my leasehold rights;
4. That RMG acknowledge that my rights under the lease cannot be varied without due process under the Landlord and Tenant Act 1987 and confirm no such variation has occurred.

If RMG/Places for People cannot or will not resolve this matter at Stage 2, I will have no choice but to refer the matter to the Housing Ombudsman Service, on the basis that your agents’ actions have interfered with my quiet enjoyment of the property and subjected me to avoidable and unlawful enforcement action.

I look forward to your detailed response within 20 working days as per your published complaints procedure.

Yours faithfully,

[Your Name]
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: UKCPS sent penalty charge for parking in my own space
« Reply #12 on: »
Thank you again. I have sent the stage 2 escalation email.
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #13 on: »
Derogation from grant is another useful phrase.  ;)
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Re: UKCPS sent penalty charge for parking in my own space
« Reply #14 on: »
Thanks for all your help so far. Here's an update. I sent the 'escalation to stage 2' email on April 14. I received an acknowledgement of receipt email on April 17. This offered to provide me with a response within 20 working days.

Meanwhile I received another letter from Moorside Legal dated April 8. It is a Letter of Claim giving me 30 days to return the reply form. One of the options on the form is to Dispute the debt.

I've attached a scan. Please could you offer me more advice on my next steps.

Thanks as always.

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