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#Post#: 45480--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 13, 2024, 11:49 am
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Hi,
Thank you for your quick reply.
Our flat is leasehold for 999 years. I believe we have the same
leasehold rights on the parking space as we do on the flat.
I contacted the solicitor who managed our case when we bought
the flat and he mentioned the following:
"The Lease gives you a right to use the parking space numbered
339 on the Lease plan 2, shown edged red. This would still be
the Landlord’s property but you will have a right to use and
occupy the space."
I also contacted the management company and they said they
passed my case over to the relevant team and they will get back
to me asap.
#Post#: 46525--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 21, 2024, 10:56 am
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I received the appeals results. They rejected all appeals for
the 3 penalty charges.
I have attached one of the appeals results. It is unbelievable
how abusive they can be.
I have also attached the parking terms and conditions that are
displayed in the parking area.
[attachment deleted by admin]
#Post#: 46542--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: mickR
Date: November 21, 2024, 1:17 pm
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so did you ask your solicitor to check for any mention of the
need to obtain and display a permit of any kind??
#Post#: 46543--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: b789
Date: November 21, 2024, 1:19 pm
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They are not"Penalty Notices" and you must not call them that.
They are Parking Charge Notices and are simply speculative
invoices. No appeal to PCM was ever going to be successful.
The only way this will be resolved is if/when they try to sue
you in the small claims track of the county court for the
alleged debt. They will be required to prove that they have a
valid contract from the landowner that supersedes your Tenancy
Agreement or the Head Lease. I seriously doubt they can do that
but they will try and scare with useless debt collector letters
who you can safely ignore.
What have the management company said about it?
#Post#: 46606--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 22, 2024, 3:42 am
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--- Quote from: mickR link ---
>
> so did you ask your solicitor to check for any mention of the
need to obtain and display a permit of any kind??
>
--- End Quote ---
[member=75]mickR[/member] I did not ask to check because his
obligations to me ended when completion was done on the
residential purchase.
What I did is I read the lease contract and it does not mention
that I need to obtain and display a permit. It is only mentioned
that I have the right to use that parking space.
#Post#: 46608--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: mickR
Date: November 22, 2024, 3:50 am
---------------------------------------------------------
you also need to check if there's any clause to allow the
landlord to make changes to the lease.
#Post#: 46609--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 22, 2024, 3:55 am
---------------------------------------------------------
Thank you for all your valuable replies.
I have another question.
Should I appeal to their independent service? Or should I file a
claim in small claims court contesting the penalties?
I mean is it possible/ok to bypass the independent appeals
service?
#Post#: 46613--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: DWMB2
Date: November 22, 2024, 4:06 am
---------------------------------------------------------
--- Quote from: empire link ---
>
> Should I appeal to their independent service?
> I mean is it possible/ok to bypass the independent appeals
service?
>
--- End Quote ---
You can if you want, but frankly the IAS are useless, and almost
certain to find against you. You're fine not to bother with them
--- Quote from: empire link ---
>
> Or should I file a claim in small claims court contesting the
penalties?
--- End Quote ---
It's the other way round - if PCM claim you owe them money, it
is for them to file a claim, which you can then defend.
#Post#: 46645--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: empire
Date: November 22, 2024, 7:20 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> They are not"Penalty Notices" and you must not call them that.
They are Parking Charge Notices and are simply speculative
invoices. No appeal to PCM was ever going to be successful.
>
> The only way this will be resolved is if/when they try to sue
you in the small claims track of the county court for the
alleged debt. They will be required to prove that they have a
valid contract from the landowner that supersedes your Tenancy
Agreement or the Head Lease. I seriously doubt they can do that
but they will try and scare with useless debt collector letters
who you can safely ignore.
>
> What have the management company said about it?
>
--- End Quote ---
Hi b789,
I emailed the management company twice and they just ignored my
emails with regards to this issue.
I phoned them and they said that I liable to pay that PCM even
if I have the right to park there as per my lease contract. On
the phone they said they have no saying in the way Parking
Control Management ltd manages the parking area. They said that
this firm just manages the parking space as it considers proper.
#Post#: 46665--------------------------------------------------
Re: PCM parking charge notice on my own parking bay
DIR By: b789
Date: November 22, 2024, 9:42 am
---------------------------------------------------------
You need to review the lease you signed when you purchased the
property. Tell or show us any mention about parking.
Form what you've told us so far, this is my understanding: The
lease grants the leaseholder (you) the exclusive right to park
in the designated parking space (No. 339 on Plan 2). There is no
mention of needing to display a permit or any form of compliance
with third-party parking enforcement.
The lease permits the landlord to designate an alternative
parking space, provided it is done "acting reasonably." There is
no evidence of a specific requirement imposed by the landlord to
follow a parking scheme managed by PCM Ltd. or any other third
party.
Restrictions such as no parking of untaxed/unroadworthy vehicles
or washing cars apply to the common parts, not to the exclusive
use parking spaces.
So, based on the limited information we have, we can adduce the
following:
The lease is the governing document for the relationship between
the leaseholder (you) and the landlord. Any terms imposed by a
third-party, unregulated private parking company that conflict
with the lease are likely unenforceable. For PCM Ltd’s
requirements (e.g., displaying a permit) to be enforceable, they
would need to be incorporated into the lease through a formal
variation agreed upon by all parties.
The management company claims they have no control over PCM Ltd.
(doubtful) This raises the question of whether PCM Ltd has
authority to act on behalf of the landlord. Without such
authority, PCM Ltd’s enforcement actions are unlawful.
The leaseholder has a legal right to "quiet enjoyment" of their
property, including the parking space. Imposing charges for
parking in the designated space without displaying a permit
constitutes a breach of this right.
You should write to the management company with something along
the following lines and see what their response is:
--- Quote ---
> Dear [Management Company Contact/Title],
>
> Re: Parking Charges Issued by Parking Control Management Ltd
>
> I write regarding several Parking Charge Notices (PCNs) issued
by Parking Control Management Ltd (PCM) concerning my use of the
parking space [Space Number, e.g., "No. 339"] associated with my
property at [Your Property Address]. I require your immediate
attention and clarification on this matter.
>
> Lease Terms and Lack of Requirement for Permits
>
> According to the terms of my lease, I hold an exclusive right
to use the designated parking space without conditions requiring
the display of a permit or adherence to third-party parking
enforcement schemes. Specifically, my lease grants me:
>
> [indent]• The exclusive right to park a vehicle in the space,
without mention of any obligation to comply with parking
restrictions imposed by third parties.
>
> • No contractual obligation to PCM Ltd, nor any requirement to
display a parking permit.
> In light of this, PCM Ltd’s actions are in direct
contradiction to my leasehold rights.[/indent]
>
> Request for Evidence of PCM Ltd’s Authority
>
> If PCM Ltd has been instructed to enforce parking regulations
within the estate, I formally request documented evidence of the
following:
>
> [indent]• The legal basis upon which PCM Ltd has the authority
to issue PCNs to leaseholders for parking in spaces they have
the exclusive right to use under their leases.
>
> • Confirmation that any variation to the lease granting PCM
Ltd such authority was made in accordance with the requirements
of the Landlord and Tenant Act 1987, Section 35, including
consultation with and agreement from all affected leaseholders.
>
> • A copy of the agreement or contract between the management
company and PCM Ltd, outlining their authority, duties, and
responsibilities regarding enforcement within the
estate.[/indent]
>
> Joint and Several Liability
>
> If no such evidence can be provided, please be advised that I
will hold [Management Company Name] jointly and severally liable
for the actions of PCM Ltd as your agent. This includes any
losses, damages, or legal costs incurred in defending against
these unjustified PCNs, should this matter proceed to
litigation.
>
> Immediate Action Required
>
> I request that you:
>
> [indent]• Confirm within 14 days that all outstanding PCNs
issued by PCM Ltd in relation to my parking space have been
cancelled.
>
> • Provide the requested documentation supporting PCM Ltd’s
authority and compliance with the lease terms and statutory
requirements.[/indent]
>
> Failure to act promptly will leave me with no choice but to
pursue legal remedies to enforce my leasehold rights and recover
any costs incurred.
>
> I trust this matter will be resolved amicably and without
further unnecessary escalation. Please address your response to
me at the above address or via email at [Your Email Address].
>
> Yours sincerely,
>
> [Your Full Name]
--- End Quote ---
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