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#Post#: 57564--------------------------------------------------
UKCPS sent penalty charge for parking in my own space
DIR By: rjcbooth666
Date: February 11, 2025, 4:52 am
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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
#Post#: 57566--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: b789
Date: February 11, 2025, 5:04 am
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READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/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.
#Post#: 57595--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: rjcbooth666
Date: February 11, 2025, 7:32 am
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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
#Post#: 57601--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: b789
Date: February 11, 2025, 8:05 am
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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
HTML https://www.legislation.gov.uk/ukpga/1987/31/section/37
section
37.5(a) or (b), then they will have acted unlawfully.
#Post#: 64381--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: rjcbooth666
Date: March 27, 2025, 5:15 am
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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,
[attachment deleted by admin]
#Post#: 64406--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: b789
Date: March 27, 2025, 6:56 am
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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:
[indent]"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."[/indent]
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:
[indent]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.[/indent]
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:
[indent]• 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:
>
> [indent]“As per their instructions, UKCPS issues parking
charges to individuals who fail to display a permit,
irrespective of their entitlement to park.”[/indent]
>
> 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:
>
> [indent]• 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).[/indent]
>
> 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:
>
> [indent]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.[/indent]
>
> 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]
--- End Quote ---
You can email the complaint to Customerservice@rmguk.com and
also CC in yourself. Make sure you mark it as a formal
complaint.
#Post#: 64861--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: rjcbooth666
Date: March 30, 2025, 6:55 am
---------------------------------------------------------
That's amazing, thank you so much.
Bob
#Post#: 66194--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: Charitynjw
Date: April 8, 2025, 4:32 pm
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[member=26]b789[/member]
HTML https://www.casemine.com/judgement/uk/6576d76952aae60ac079d0bd?utm_source=amp&target=amp_jtext
HTML https://vlex.co.uk/vid/duchess-of-bedford-house-971916653
Recent case re resi right to park.
Also, for good measure
HTML https://www.legislation.gov.uk/ukpga/1985/68/part/IV/crossheading/variation-of-terms-of-tenancy
#Post#: 66269--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: b789
Date: April 9, 2025, 6:31 am
---------------------------------------------------------
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:
[indent](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.[/indent]
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:
[indent]• 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.[/indent]
This would be a new restriction or obligation, not permitted
unless:
[indent]• The tenant explicitly agrees, or
• The landlord follows the section 103 notice procedure for
periodic tenancies.[/indent]
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:
[indent]• 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.[/indent]
#Post#: 66712--------------------------------------------------
Re: UKCPS sent penalty charge for parking in my own space
DIR By: rjcbooth666
Date: April 12, 2025, 4:38 am
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Thank you [member=26]b789[/member] and
[member=5038]Charitynjw[/member]
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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