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#Post#: 111259--------------------------------------------------
Parking Control Management (UK) LTD - No Permit - Leaseholder
own parking space
DIR By: PrimacyOfPace
Date: February 26, 2026, 11:41 am
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Hi There,
After reading through the forums and managing my dealings with
PCM UK Ltd and Moorside Legal. I am now at the stage where
Moorside legal have responded to my response to their Letter
Before Claim and I am looking for advice on next steps. I will
give a brief outline of proceesdings so far:
I received a Parking Charge Notice on the 22/12/2024 for a car
know to me parked in a bay at my apartment block. The parking
bay is marked with the apartment number behind electronic gates.
I am the leaseholder of an apartment within the block and my
lease clearly states the use of the bay for the use of parking
and includes a map of the car park and the specific bay in which
the leasehold covers and which the car was parked in.
I spoke with a barrister who used to live in the apartment block
and he provided me with his appeal to POPLA (which was
successful) against the ticket on the basis of "Having paid for
the parking space, I have a tenancy or a license to use this
space which is independent of any purported contractual
agreement with CMS Ltd" and it goes into further details .The
managing agents have ditched CMS Ltd for PCM UK LTD. The
barrister suggested I do the same so I foolishly responded to
PCM UK Ltd through their portal on the same basis providing
sections of leasehold agreement.
-- letter begin --
--- Quote ---
>
>
> Subject: Formal Appeal Against Parking Charge Notice – PCN
[Number] Space [Number]
>
> Dear [Parking Company Name],
>
> I am writing to formally challenge Parking Charge Notice
[reference number], issued to me on [date]. The charge is
baseless, unenforceable, and constitutes an unlawful
interference with my leasehold rights.
>
> 1. Leasehold Rights
> I am the leaseholder of Apartment 77, Raleigh Square, Raleigh
Street, Nottingham, NG7 4DN, and my lease includes the exclusive
right to use parking space [number]. This right is granted
without any requirement for permits or compliance with
third-party parking enforcement.
>
> Attached is an excerpt from my lease confirming my exclusive
rights to this parking space.
> Photographic evidence is also provided, showing my vehicle
parked lawfully in the space allocated to my property.
> Your actions, and those of your client (the freeholder),
directly conflict with my legal rights as a leaseholder.
>
> 2. Legal Position
> Your issuance of this parking charge notice is contrary to
established property and consumer laws:
>
> a. Trespass and Interference with Leasehold Rights
> Under common law, your actions amount to trespass, as you are
interfering with my exclusive right to use the parking space,
granted to me under the terms of my lease.
> This also breaches the doctrine of non-derogation from grant,
which prevents the freeholder or its agents from frustrating the
rights granted to me in the lease.
> b. Breach of Quiet Enjoyment
> The Landlord and Tenant Act 1985 guarantees my right to “quiet
enjoyment” of the property. Your actions constitute a clear
breach of this covenant.
> c. Consumer Rights
> The Consumer Rights Act 2015 (Part 2) prohibits unfair terms
or practices. Any requirement for permits or imposition of
penalties that contradicts my lease is unfair and unenforceable
under this legislation.
> d. Harassment
> Continued issuance of fines for parking in my own space may
amount to harassment under Section 1 of the Protection from
Harassment Act 1997.
> e. Human Rights
> Under Article 1, Protocol 1 of the Human Rights Act 1998, I am
entitled to the peaceful enjoyment of my possessions, including
the parking space. Your interference violates this right. 3.
Required Action
> I demand the following actions be taken immediately:
>
> The cancellation of Parking Charge Notice [reference number].
> Written confirmation that no further enforcement actions will
be taken against my vehicle while parked in my designated space.
> Removal of any requirement for permits or other restrictions
that contradict my lease.
> Failure to address these issues within 14 days of the date of
this letter will leave me with no choice but to escalate the
matter through legal channels. I will pursue claims for:
>
> Trespass and interference with my leasehold rights.
> Breach of the Landlord and Tenant Act 1985 and relevant
consumer protection laws.
> Harassment, under the Protection from Harassment Act 1997.
> Additionally, I will report this matter to your Accredited
Trade Association (if applicable) and raise a formal complaint
with the freeholder for their breach of lease obligations.
>
> I trust you will act swiftly to resolve this issue.
>
> Yours faithfully,
--- End Quote ---
-- letter end --
I provided these extracts from my lease along with a map of the
apartment block highlight the apartment and my parking space
which is a part of the lease. I omit that here as it has
identifying content.
HTML https://imgbox.com/pdX8WVn9
HTML https://imgbox.com/TqafpYSh
I received no response from PCM UK Ltd. I remember reading their
own terms that a response would be within 28 days. As I received
no response I thought this was the end of the matter until the
28th April 2025 I received a letter from Moorside Legal:
HTML https://imgbox.com/Ywefp4tZ
I did not respond to that letter.
On the 15th May 2025 I received the following letter to which I
did not respond:
HTML https://imgbox.com/KxyzCXl8
On the 2nd June 2025 I received the Letter of Claim to which I
did not respond:
HTML https://imgbox.com/ihH4naLo
On the 12th February 2026 I received their Letter before claim:
HTML https://imgbox.com/pDUPwYUA
I responded to their letter before claim with the following:
--- Quote ---
>
> "Dear Sirs,
>
> I am in receipt of your "Letter Before Claim" dated 12
February 2026.
>
> This debt is denied in its entirety.
>
> Your Letter Before Claim contains insufficient detail of the
claim (refered to
> by you as "unpaid invoice") and fails to provide copies of the
evidence your
> client places reliance upon, putting it in clear breach of the
Pre-Action
> Protocol for Debt Claims.
>
> As a supposed firm of solicitors, I would expect you to comply
with paragraphs
> 3.1(a)–(d), 5.1 and 5.2 of the Pre-Action Protocol, and
paragraphs 6(a) and 6(c)
> of the Practice Direction. These provisions exist to
facilitate informed
> discussion and proportionate resolution. As your claim is in
breach of these
> provisions, you may wish to reacquaint yourselves with them.
>
> The Civil Procedure Rules 1998, Pre-Action Conduct and
Protocols (Part 3),
> require the exchange of sufficient information to understand
each other's
> position. Part 6 of The Civil Procedure Rules clarifies that
this includes
> disclosure of key documents relevant to the issues in dispute.
>
> Your templated letter refers to a “contract” (refered to by
you as "unpaid
> invoice") yet fails to enclose one. That omission undermines
the only foundation
> upon which your client's claim allegedly rests. Therefore, it
is not possible
> for me to engage in meaningful pre-litigation dialogue while
you decline to
> furnish the very document you purport to enforce.
>
> I confirm that, once I am in receipt of a Letter Before Claim
that complies with
> para 3.1(a) of The Civil Procedure Rules 1998, Pre-Action
Conduct and Protocols
> , I shall seek advice and submit a formal response within 30
days.
>
> Accordingly, please provide:
>
> 1. A copy of the original Notice to Keeper (NtK) and any
notice chain relied
> upon to assert PoFA 2012 liability.
> 2. A copy of the contract you allege exists between your
client and the driver,
> being an actual photograph of the sign(s) in place at Raleigh
Square on the
> date of issue of your client's Parking Control Notice (this
must be
> aphotograph the actual signage and not a stock image plucked
from the
> internet), together with a site plan showing the sign
locations.
> 3. The precise wording of the clause(s) allegedly breached.
> 4. The written agreement between your client and the landowner
evidencing
> standing/authority to enforce and to litigate.
> 5. A breakdown of the sums claimed, identifying whether the
principal sum is
> claimed as consideration or damages, and whether the £170
"upaid invoice”
> includes VAT.
>
> I am entitled to this information under paragraphs 6(a) and
6(c) of the Practice
> Direction, and I require it to meet my own obligation under
paragraph 6(b).
>
> If you fail to provide the above, I will treat that as
non-compliance with the
> PAPDC and Pre-Action Conduct and will raise a formal complaint
to the SRA
> regarding your conduct. I reserve the right to place this
correspondence before
> the Court and to seek appropriate sanctions and costs
(including, where
> appropriate, a stay and/or other case management orders).
>
> Until your client complies and provides the requested
material, I am unable to
> respond properly to the alleged claim or to consider my
position. Doig so would
> be premature and a waste of costs and court time to issue
proceedings. Should
> you decide to do so, I will seek immediate case management
relief pursuant to
> paragraph 15(b) of the Practice Direction and an order
compelling provision of
> the above.
>
> Please note, I will not engage with any web portal; I will
only respond by email
> or post.
>
> Yours faithfully,"
> [quote]
>
> and today 26.02.2026 received the following replay:
> [quote]
> "We write in relation to the above matter.
>
>
>
> Thank you for contacting us.
>
>
>
> Please note you can view this evidence and signage using the
below link:
>
>
HTML https://www.pay-my-pcn.co.uk/live-3sc-user/
and quote:
[REDACTED] 6 for reference.
>
>
>
> As you have already made representation to our client, who
have responded accordingly. We cannot overturn their decision.
>
>
>
> In our client’s letter rejecting your appeal you were offered
the opportunity to refer your appeal to an Independent
Adjudication Service provided by our clients Accredited Trade
Association. You did not take this step, and we must advise that
all appeal avenues have now expired.
>
>
>
> Considering the evidence, we hold we must advise that the PCN
and its associated processes are in line with industry standards
and are compliant with our clients Accredited Trade
Association’s code of practice.
>
>
>
> The Terms and Conditions on which Parking Control Management
UK Limited services are provided are clearly displayed
throughout the private land. Please be advised that there are
several signs within this location displaying the terms and
conditions.
>
>
>
> As you breached the terms and conditions of the car park, this
PCN was correctly issued. Considering the evidence, we are
satisfied that the PCN has been issued in line with industry
standards and is compliant with the International Parking
Community’s (IPC) code of practice.
>
>
>
> The signage of the car park also complies with the
International Parking Community’s Code of Practice.
>
>
>
> Regarding your request to inspect any agreement between our
client and the landowner, please note that you are not a party
to that agreement. Access to this information would not assist
your dispute nor support any potential defence.
>
>
>
> Please be advised that the original amount of the PCN was
£100.00. As outlined in the notice, a reduced amount of £60.00
would have been accepted as full and final settlement if payment
had been received within 14 days from the date of issue.
>
>
>
> Unfortunately, as no payment was received within that time
frame, the opportunity to pay the reduced amount has now
expired. As a result of continued non-payment and additional
charges, the balance has increased and now stands at £170.00.
>
>
>
> The additional charge which has been levied on your Parking
Charge of £70 is the amount set out in both the British Parking
Association and International Parking Community Codes of
Practice as the amount which may be added to a Parking Charge
when a Parking Charge remains unpaid and when further recovery
is required.
>
>
>
> Our client is a member of the International Parking Community
which is a government approved Accredited Trade Association
(ATA) for Private Parking. Our client adheres to the ATA’s Code
of Practice. The £70 does not represent the cost of recovery but
is a reasonable amount in relation to the Parking Charge amount,
in order to encourage early payment of the Parking Charge
without the need for debt recovery.
>
>
>
> It is a fair amount set by our client’s government-approved
Accredited Trade Association Code of Practice. There are however
also costs incurred by our client in relation to debt recovery
services.
>
>
> In the meantime, we have placed the account on a 30 day hold
to allow you time to seek advice, as mentioned in your
correspondence.
>
>
> Please note that once this hold expires, we will resume
collection activity for this PCN.
>
>
> Yours sincerely,"
--- End Quote ---
This incorrectly states that I received a letter rejecting my
appeal.
have also emailed my managing agent with the following :
--- Quote ---
> Subject: REQUEST FOR ASSISTANCE / FORMAL COMPLAINT: Parking
Harassment at [redacted]
> To: [redacted]
> Date: [redacted]
> Dear [REDACTED] Management Team,
> I am writing to you today as an [REDACTED] leaseholder to seek
your urgent assistance in resolving a matter involving your
parking contractor, PCM, and their legal representatives,
Moorside Legal.
> As a resident who pays management fees to [REDACTED], I value
the service you provide. However, I am currently facing a very
difficult situation regarding my own allocated parking space—a
right explicitly granted to me under The Third Schedule, Clause
7 of my lease.
> The Current Situation and Harassment
> For some time, I have been pursued for a parking charge that
is now 15 months old. I attempted to resolve this through the
formal appeal process on [redacted] , but my appeal was
ignored. Since then, there have been massive gaps in
communication—sometimes lasting many months—only for the matter
to be suddenly escalated by Moorside Legal with aggressive
threats of court action and inflated "debt" fees. Moorside Legal
have now escalated their harrasment and claims by sending a
letter stating "Letter before Claim".
>
> This inconsistent and predatory approach, combined with the
refusal to acknowledge my original appeal, has moved beyond
standard enforcement and now constitutes sustained harassment.
>
> Primacy of Contract and [REDACTED]'s Responsibility
> While I would prefer to resolve this cooperatively, it is
important to highlight that my lease grants me the unfettered
right to use my space. Under the legal principle of Primacy of
Contract, the terms of my lease override any signage or
"permits" subsequently introduced by a third-party firm.
> By contracting PCM and allowing Moorside Legal to pursue me,
[REDACTED] is inadvertently facilitating a breach of the
Covenant for Quiet Enjoyment. I pay my service charges with the
expectation that my home and rights will be protected, not
undermined by a contractor's procedural failures.
>
> Resolution Requested
> I am asking for your intervention to bring this to an amicable
close. I kindly request that you:
> Instruct PCM and Moorside Legal to immediately cancel notice
[Reference Number] and remove all associated false debt.
> Confirm my vehicle [Registration] is whitelisted to ensure my
proprietary rights are respected moving forward.
> I am fully prepared to continue defending my home and my legal
rights. If [REDACTED] is unable to assist in stopping this
harassment and removing the false debt, I will be left with no
option but to pursue "hard line" legal routes. This would
include a formal referral to the Housing Ombudsman and, if
necessary, seeking a court injunction against [REDACTED] for
breach of contract and derogation from grant.
> I look forward to your positive response and a swift
resolution to this matter.
> Yours faithfully,"
--- End Quote ---
I have yet to receive a reply.
I considering my next steps and would sincerely appreciate any
guidance from this forum.
Thanks In Advance[/quote]
[/quote]
#Post#: 111281--------------------------------------------------
Re: Parking Control Management (UK) LTD - No Permit -
Leaseholder own parking space
DIR By: DWMB2
Date: February 26, 2026, 2:27 pm
---------------------------------------------------------
Is your barrister friend still assisting? PCM haven't been a BPA
member for some time, so POPLA wouldn't have been an option
anyway, it would have been the far worse IAS.
The next step with regards to PCM is to wait for a Claim Form
from the court.
As a more general point relating to your complaints etc., make
sure you follow up on any actions you say you're going to take,
so that you don't come across as all bluster and empty threats.
#Post#: 111419--------------------------------------------------
Re: Parking Control Management (UK) LTD - No Permit -
Leaseholder own parking space
DIR By: PrimacyOfPace
Date: February 27, 2026, 1:27 pm
---------------------------------------------------------
thanks and no my barrister neighbour isn't assisting me.
Thanks for the info
#Post#: 116657--------------------------------------------------
Re: Parking Control Management (UK) LTD - No Permit -
Leaseholder own parking space
DIR By: parkingspaceleaseholder1000
Date: April 22, 2026, 4:58 am
---------------------------------------------------------
Hi,
did you ever receive a reply from your managing agent? I am in a
similar situation.
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