DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 45177--------------------------------------------------
PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 12, 2024, 5:13 am
---------------------------------------------------------
Hi,
I live in a flat and I have parking permit for my car. I use mu
car very rarely.
I forgot to display the permit in my car window and got 3
parking charges.
I appealed them and did not receive any notice regarding my
appeal result.
I called the company Parking Control Management and thy said
that the result of the appeal is that what is written on the
parking charge notice. That they will not cancel the charge but
that I have to pay 40 GBP for each parking charge they issued.
So they said that even if I have a permit but it is not
displayed in the car window I can am still liable to pay a
parking charge.
Is that true? I mean if I have a parking permit but I forgot to
display it in my car window then the parking charge will not be
cancelled even if I prove that I have a perking permit when I
appeal the charge?
How can I cancel entirely the parking charge since I have a
valid parking permit but it was not displayed in the car?
Thank you
Apologies for my username(empire). I wanted it to be empr but it
seems it was autocorrected to empire and I did not notice when I
created the account and it seems I cannot update my profile
username. :)
[attachment deleted by admin]
#Post#: 45180--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: DWMB2
Date: November 12, 2024, 5:52 am
---------------------------------------------------------
As this is a residential case relating to your own flat, the
first thing it would be useful to see, is what your lease has to
say about parking (equally important is anything it doesn't say
about parking). Please show us the exact wording of any relevant
clauses within your lease.
#Post#: 45187--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 12, 2024, 6:16 am
---------------------------------------------------------
Hi,
Thank you for your quick reply.
I the lease I have the following stated at Interpretation
section.
In this Lease these words have these meanings:
“Parking Space” - the parking space edged red and numbered 339
on Plan 2 or such
alternative parking space as the Landlord shall from time to
time designate acting reasonably.
Also on the parking permit there is the following stated:
"Place permit on display.
It is your responsibility to check when leaving your vehicle"
I have attached the permit image.
[attachment deleted by admin]
#Post#: 45190--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: DWMB2
Date: November 12, 2024, 6:23 am
---------------------------------------------------------
--- Quote from: empire link ---
>
> In this Lease these words have these meanings:
> “Parking Space” - the parking space edged red and numbered 339
on Plan 2 or such
> alternative parking space as the Landlord shall from time to
time designate acting reasonably.
>
--- End Quote ---
is that the sole mention of parking in the lease? It would be
somewhat unusual for them to include a defined term in the
Interpretation section of a lease, and then not actually use
that term anywhere else in the lease.
#Post#: 45192--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 12, 2024, 6:52 am
---------------------------------------------------------
It is mentioned in the section below
SCHEDULE 1
Rights Granted
The right for the Tenant and all persons authorised 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 Access
Areas and Buildings 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 within the
Estate
The right to park one roadworthy taxed and MOT’d vehicle not
exceeding 2.25 tonnes gross
unladen weight in the Parking Space
Not to park or allow any commercial industrial or any
un-roadworthy, untaxed or un-MOT’d
vehicle to stand in any parking space within the Estate
Not to wash any domestic motor vehicle in any parking space such
restriction to cease and be
extinguished upon Weston Homes Plc disposing of its reversion
Not to park any vehicle motor cycle caravan or similar carriage
on the Buildings Internal
Common Parts or Estate Common Parts (other than in any Parking
Space which the Property
has the benefit of a right to use) nor to obstruct them
to maintain and repair the Parking Space
#Post#: 45217--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: Dave65
Date: November 12, 2024, 8:33 am
---------------------------------------------------------
How long have you lived in the flat?
When did this PPC start operating in the car park?
#Post#: 45226--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 12, 2024, 9:04 am
---------------------------------------------------------
I have been living there since January 2024 and they were
already operating there when I moved in.
#Post#: 45244--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: b789
Date: November 12, 2024, 9:45 am
---------------------------------------------------------
It's pity you appealed already. If you had waited for them to
issue a Notice to Keeper (NtK), you could also have them for
breach of your GDPR under the Data Protection Act 2018.
So, where in your lease does it mention that you must display a
permit to park in your demised space? Where is there any mention
of you requiring to pay a third party, not party to your lease,
£100 each time they issue you an invoice because they think they
can scam you just because the managing agent decided they can
put up some signs?
If you can, you should ask your landlord for a copy of the head
lease they have and what exactly does it say about parking. As
before, what it doesn't say about parking is equally important.
What has your management company said about these PCNs? They
know you have a right to park there. They can get PCM to cancel
these. Remind them that should they not be cancelled and this is
litigated, they are jointly and severally liable for the actions
of their agent. Ask for evidence in the lease that permits a
third party, unregulated private parking company to require
tenants or residents to display a permit and allows the third
party to invoice resident/tenants for breaching a term on a sign
that is not mentioned in the lease.
Point out that unless they can evidence having gone through the
tribunal process of amending the lease in accordance with the
Landlord & Tenant Act 1987 Section 37 5(a) or (b), PCM have no
lawful right to issue PCNs.
PCM's signs cannot override the existing rights enjoyed by
residents and their visitors, nor retrospectively and
unilaterally restrict existing grants and easements where
provided for within the landlord's lease. All modern leases
include implied or express rights that cannot be overridden or
interfered with, by a third party.
#Post#: 45266--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 12, 2024, 11:16 am
---------------------------------------------------------
Hi,
Thank you for the information and for your quick reply.
I own this flat together with my wife.
So we are the owners of the flat. We have a document called
Counterpart Lease. I that the head lease document you were
referring to in your previous post?
#Post#: 45341--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: b789
Date: November 12, 2024, 4:47 pm
---------------------------------------------------------
If you are the owner, not just a tenant, then the lease you
signed when you purchased the property is what you need to refer
to.
The exact wording in that document about your parking rights. If
it doesn’t mention anything about requiring a permit for
example, is very important.
Do you know if the “the parking space edged red and numbered 339
on Plan 2” is actually owned by you or simply assigned?
*****************************************************
Page 1 of 3
DIR Next Page