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       #Post#: 62371--------------------------------------------------
       UK Car Park Management PCN
   DIR By: jays86
       Date: March 13, 2025, 1:49 pm
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       Hi
       Received the below through the post today. The pictures are of
       my vehicle outside my own house, the vehicle had a permit
       displayed. Happy to fight this all the way. Would the suggested
       response be about the notice not being compliant, or the fact
       that a permit was displayed?
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       #Post#: 62378--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: Sander333
       Date: March 13, 2025, 2:14 pm
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       Others will come along and provide usual advice the NTK is
       almost identical to the one that was recently received and was
       advised to appeal on the basis it is not compliant. They will
       turn down the appeal. There should be signs if you enter you PCN
       number in their site.
       I would add there is no point in appealing to IAS you have more
       chance of winning the lottery. You will probably go to the limit
       of civil court in order to resolve this with the assistance of
       this forum.
       #Post#: 62384--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: DWMB2
       Date: March 13, 2025, 2:35 pm
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       You mention that a permit was displayed - are you sure? The
       images from CPM show an empty windscreen
  HTML https://i.imgur.com/v69mn4f.jpeg
       You mention this being a residential case - as a starting point,
       can you tell us exactly what your lease says about parking?
       #Post#: 62387--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: jays86
       Date: March 13, 2025, 2:53 pm
       ---------------------------------------------------------
       ??? Not sure why the permit isn't visible in their picture.
       Don't have a lease, I'm a freeholder. Is there any other
       information I should be looking for?
       #Post#: 62400--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: b789
       Date: March 13, 2025, 3:48 pm
       ---------------------------------------------------------
       Lease, deeds, whatever. You will have something that mentions
       parking at your property. What it doesn't say about parking is
       equally important.
       So, before we can advise properly, you need to let us know the
       terms of your lease/deeds or whatever says about your parking
       rights and whether any third party can override your supremacy
       of contract.
       Yes, the NtK is not fully compliant with all the requirements of
       PoFA which means that they cannot transfer liability to you from
       the unknown driver.
       #Post#: 62411--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: jays86
       Date: March 13, 2025, 5:06 pm
       ---------------------------------------------------------
       I'll see what I can dig out. Given I've lived here since 2016
       and there's been a permit in the car since it was purchased what
       are the chances that these shysters have edited the photos?
       #Post#: 62416--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: b789
       Date: March 13, 2025, 5:20 pm
       ---------------------------------------------------------
       I doubt they doctored the photos but you need to know whether
       you've are required to show a permit at all. In the majority of
       residential parking cases, the operator does not have a valid
       contract to issue PCNs at the location. Someone at the
       management company thought they could introduce a third part,
       unregulated private parking company, stick up some signs and
       start issuing PCNs without taking into account the legal
       ramifications of this.
       If your lease/deeds make no mention of a requirement to display
       a permit or that a third party with nothing to do with the lease
       can simply issue speculative invoices for parking on land that
       you have demised right to park on, then they are operating
       unlawfully and can be challenged in court. Neither the
       management company nor the landlord can simply change the terms
       of a lease without going through the proper legal channels and
       complying with the Landlord and Tenant Act 1987.
       #Post#: 62418--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: DWMB2
       Date: March 13, 2025, 5:25 pm
       ---------------------------------------------------------
       Personally I'd park any argument that a permit was displayed. As
       unscrupulous as these firms are - they're already making enough
       money to not have any need to hire someone to convincingly
       doctor images (not the mention the entirely unnecessary legal
       risk they would be taking doing so).
       Absent any evidence of foul play, or evidence to counter theirs,
       I think you'd face an uphill battle to argue a permit was
       displayed, and doing so might come at the expense of focusing on
       arguments with a higher likelihood of success.
       #Post#: 68579--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: jays86
       Date: April 25, 2025, 4:57 am
       ---------------------------------------------------------
       I've been away with work and this slipped off my radar a bit.
       I've dug the Title Deeds out Is there anything here that could
       help?
  HTML https://i.ibb.co/cKktQ242/Registered-Title.jpg
  HTML https://ibb.co/cKktQ242
       In the meantime I've received this letter from a debt collection
       company. Any suggestions as to how to handle from here?
  HTML https://i.ibb.co/r2zR8SQK/Debt-Letter.jpg
  HTML https://ibb.co/r2zR8SQK
       #Post#: 68618--------------------------------------------------
       Re: UK Car Park Management PCN
   DIR By: b789
       Date: April 25, 2025, 8:49 am
       ---------------------------------------------------------
       This is what I could find about parking in the lease:
       --- Quote ---
       > Parking
       >
       > 9.10 Not to park any vehicle caravan trailer or boat of any
       kind on the Property or any part of the Estate except that
       >
       > [indent]9.10.1 private motorcars and private motorcycles may
       be parked on such part of the Property (if any) as is
       specifically constructed for that purpose or in any garage
       forming part of the Property
       >
       > 9.10.2 any vehicle caravan trailer or boat may be parked in
       any garage forming part of the Property or within the back
       garden (if any) of the Property if suitably screened and
       positioned so that it is not obtrusive to the views of
       neighbours from the ground floor of their premises[/indent]
       >
       > 9.11 Not to keep or allow any vehicles to stand on any
       accessways or any turning areas serving Estate Roads nor to do
       anything which would obstruct the easy access over such land
       >
       > 9.12 Not personally to park any motor or other vehicles on a
       Visitors Parking Space
       >
       > 9.13 Not to allow any occupier of or visitor to the Property
       to infringe these covenants relating to parking PROVIDED THAT a
       visitor to the Properly may park a vehicle on a Visitors Parking
       Space in accordance with clause 6.6
       --- End Quote ---
       Clause 6.6 states:
       --- Quote ---
       > 6.6 Until such time as the Estate Roads shall become publicly
       maintained the right in common with the owners and occupiers of
       plots on the Estate capable of being directly served thereby and
       on a first come first served basis for the Transferee to
       authorise visitors (excluding any person living in the house
       erected on the Property) to park for short periods of time only
       a private motor vehicle in one only of the Visitors Parking
       Spaces within the adoptable highway
       --- End Quote ---
       So... is the estate under the control of a management company? I
       am presuming that the management company contracted UKCPM to
       operate some sort of parking control.
       The management company does not have the legal right to
       unilaterally introduce new terms of parking—such as requiring a
       permit or authorising a private parking operator to issue
       PCNs—if those terms are not set out in the lease.
       Here’s why:
       1. The management company cannot override or alter lease terms
       The lease is a binding legal agreement between the leaseholder
       (you) and the freeholder (or developer). It sets out both rights
       and obligations, including how common areas like estate roads
       and parking are to be used.
       The managing agent or management company acts in an
       administrative capacity and derives all its authority from the
       lease. It cannot introduce new rules that add to or change what
       the lease says.
       If the lease grants you or your visitors a right to park (as it
       does in Clause 6.6 and others), this cannot later be made
       conditional on displaying a permit unless the lease explicitly
       allows the management company to make such rules.
       2. Lease silent = no authority to impose
       Your lease does not:
       [indent]• Mention a permit scheme;
       • Require permits to be displayed;
       • Give the management company authority to impose additional
       terms;
       • Authorise third parties to regulate, fine, or patrol
       parking.[/indent]
       Without such authority, any permit scheme or enforcement
       contract entered into by the management company is not binding
       on leaseholders, because:
       [indent]• It seeks to add a new obligation (e.g. display a
       permit), and
       • It introduces a penalty (PCN) not agreed to under the
       lease.[/indent]
       This is well established in case law, including decisions that
       recognise unlawful interference with leaseholder rights where
       managing agents sought to introduce permit schemes without
       leaseholder consent.
       3. Derogation from grant
       If the lease gives you a right to park (either explicitly or as
       a reasonable adjunct to property access), then attempting to
       restrict or penalise that right—by enforcing new conditions—is a
       derogation from grant.
       It is unlawful for a landlord or its agent (such as a managing
       agent or parking company) to:
       [indent]• Interfere with rights already granted in the lease,
       • Or introduce conditions that fundamentally alter the way you
       exercise those rights.[/indent]
       Conclusion
       Unless your lease explicitly allows the management company to
       introduce rules requiring parking permits or enforcement
       schemes, they do not have the authority to contract with a
       parking operator in a way that imposes new obligations on you.
       The introduction of a PCN scheme is likely to be unlawful, and
       any resulting charges are unenforceable against you as the
       leaseholder.
       So, just because you’ve always displayed a permit in your car
       doesn’t mean you’re legally required to. Your lease contains no
       clause requiring a permit to be displayed, nor does it authorise
       anyone to impose such a requirement. You have a right to park
       based on the lease, and that right cannot be overridden by signs
       or private enforcement rules introduced later.
       If a permit was displayed in the past, that was simply done out
       of courtesy or habit — not because the lease obliges you to. The
       fact that a permit may not have been visible on one occasion
       does not justify an invoice from a third party, especially when
       no such requirement exists in your lease.
       As it is now too late to use the parking company’s appeal
       process, you should make a formal complaint to the management
       company. They are the party who appointed the parking company,
       and they remain responsible for the actions of that contractor.
       In your complaint, you should:
       [indent]1. Demand cancellation of the PCN;
       2. Assert your leaseholder rights and point out that no permit
       is required;
       3. Explain that the parking company is acting without legal
       authority, and that their actions amount to interference with
       your rights under the lease.[/indent]
       You should also make it clear to the management company that, as
       principal, they are jointly and severally liable for the
       unlawful conduct of their appointed agent, UK Car Park
       Management. Any further attempt to restrict your rights or
       penalise you for exercising them will be treated as a serious
       breach of your lease, for which the management company is
       directly responsible.
       Send the following to the managing agent:
       --- Quote ---
       > [Your Name]
       > [Your Address]
       > [Postcode]
       >
       > [Email Address]
       > [Phone Number]
       >
       > [Date]
       >
       > [Managing Agent Name]
       > [Managing Agent Company]
       > [Company Address]
       > [Postcode]
       >
       > Subject: Formal Complaint – Unlawful Parking Charge Notice
       (PCN No: [Insert PCN Number])
       >
       > Dear [Managing Agent's Name],
       >
       > I am writing to raise a formal complaint concerning a Parking
       Charge Notice (PCN) issued to me by UK Car Park Management Ltd
       (CPM), who I understand have been appointed by you to operate
       parking enforcement at [Estate/Development Name].
       >
       > PCN Reference: [Insert Full PCN Number]
       > Date of Issue: [Insert Date on PCN]
       > Vehicle Registration: [Insert Vehicle Registration]
       >
       > This PCN relates to my vehicle being parked directly outside
       my own home at [Property Address], where I am both the
       registered keeper of the vehicle and the leaseholder of the
       property.
       >
       > The PCN alleges that my vehicle was parked without displaying
       a valid permit. While I can confirm that a valid permit has
       continuously been displayed in the vehicle since it was
       purchased, the central issue is that the lease contains no
       requirement to display a permit, nor does it authorise you or
       your agent to impose such a requirement.
       >
       > Clauses 9.10 to 9.13 and clause 6.6 of the lease define the
       parking rights and restrictions. They make no reference to
       permits or to enforcement by third parties. As such, neither CPM
       nor any signage they rely on can override my leasehold rights.
       The lease remains the controlling legal document, and its terms
       cannot be varied or restricted by way of signs or private
       enforcement.
       >
       > The previous display of a permit was done out of courtesy, not
       legal obligation. The absence of a permit on one occasion does
       not extinguish or diminish the rights granted to me by the
       lease. Your agent had no authority to issue this PCN, and any
       attempt to enforce it amounts to a clear derogation from grant.
       >
       > As the party who appointed CPM, you are jointly and severally
       liable for the actions of your agent. I therefore require you to
       take immediate steps to ensure the cancellation of the above
       PCN.
       >
       > Please treat this as a formal complaint and confirm in writing
       that the PCN has been cancelled. I also require written
       assurance that no further enforcement action will be taken which
       interferes with the rights granted to me under the lease. Any
       future attempt to impose unauthorised parking restrictions will
       be treated as a breach of lease for which I will hold you fully
       accountable.
       >
       > I reserve all rights.
       >
       > Yours faithfully,
       >
       > [Your Name]
       > Leaseholder – [Property Address]
       --- End Quote ---
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