Free Traffic Legal Advice

It's likely one of those.

It depends on what your lease says, and how the parking company were brought in. It also depends on whether the space is part of your title.

Time to get your lease out.

Many mangement cos will tend to ignore the quirements for lease variance on the questionable basis that the lease gives them the right to impose reasonable regulations. What does it say about parking.

As this is a Notice to Driver (NtD) from an IPC member, you should wait for a Notice to Keeper (NtK) to arrive in the post and then challenge once as the KEEPER, not as the driver, using the template appeal, as shown below.

As there is no appeal with the IAS worth trying, you will get a rejection anyway, so you may as well leave it and see if they issue a NtK and let them apply to the DVLA.

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Re PCN number: XXXXXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

It lets the PPC know that they are getting advice on how to deal with the PCN and are not about to capitulate at the first threat from a DRA. PCM are an IPC operator and whilst it is not unheard of, an IAS appeal has about a 4% chance of being successful.

Anyway, so that we keep in line with forum rules and regular process of analysis pl also post the back of the PCN.

Also, pl advise whether the 'property management company'* was appointed by freeholder or whether it's run by and comprised of resident representatives.

*- there's not a one-size-fits-all 'property management company' albeit that the term does tend to be used by posters generically.

Thanks for the reply,

Edited the original post with the reverse of the PCN.

The property management company (Ringleys) in this case was appointed by the freeholder.

In response to slapdash;

The only areas where parking (even then, not directly, just a reference to a parking space) is mentioned is under Rights granted and obligations and restrictions - if im overstepping with the amount of information here let me know;

1. The right for the tenant and all persons authorized by him (in common with all other persons entitled to the right) at all times for reasonable purposes connected with the residential use and occupation of the property and the Parking Space only to go pass and repass with or without vehicles (as appropriate) over and along the building internal common parts and Estate common parts over which the tenant requires rights in connection with the use and enjoyment of the property and parking space which are contained in the estate.

2; The right to park one roadworthy taxed and MOT'd vehicle not exceeding two and one half tonnes gross unladen weight in the Parking Space

for obligations and restrictions;

To not allow any commercial industrial or any un-roadworthy/untaxed/un-MOT'd vehicle to stand in any space within the estate.

OP, from the lease's legal terminology and format..

with the residential use and occupation of the property and the Parking Space

The right to park one roadworthy taxed and MOT'd vehicle not exceeding two and one half tonnes gross unladen weight in the Parking Space


From your freehand intro..

The only areas where parking (even then, not directly, just a reference to a parking space)

Spot the difference.

The lease refers to 'Parking Space' whereas you refer to 'parking space'.

The capitalisation of the 'P' and 'S' must surely mean that it's a defined term in the lease. So, please look for this, maybe in a Schedule, Annex or plan of the site, in each case this would be referred to in the main body of the lease.

Your lease is pretty standard:
What you hold as part of the property leased by you (I suggest this includes Parking Space);

Your general rights and obligations as regard use of the other, common, parts of the site;

Your general obligations to the landlord in order to maintain good order within the site.

It would also likely make reference to how amendments to the agreement (a lease is a form of contract/agreement) may be effected and to how disputes and breaches are to be resolved and we should see this as well.

My take on these is that the landlord has contracted with a company (property management) to discharge their responsibilities to you under the lease and to manage and oversee the general maintenance and functioning of the site. Such a company is the agent of the landlord, not independent, their authority is circumscribed by the terms of each lease and your obligations remain unaltered other than as provided for under the lease. Use of a private parking contractor is often sensible in order to protect your and other residents' rights. The problems come when a naive property company contracts with a money-grubbing contractor(look, no fee!) without thinking of the potential ramifications.
Your use of a permit is an administrative measure by which those who are not permitted to park may be identified and thereby assist the PPC and mgmt company discharge their obligations. It cannot alter the terms of your lease.

Anyway, pl provide the missing references within your lease to Parking Space.