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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?
HTML https://i.ibb.co/FZF41V4/PXL-20250313-184240654-2.jpg
HTML https://ibb.co/kbt2T12
HTML https://i.ibb.co/TMVRyXC9/PXL-20250313-184255123.jpg
HTML https://ibb.co/wh9CtHv5
#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
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??? 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
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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
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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
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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
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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
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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
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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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