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#Post#: 101880--------------------------------------------------
PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James Gate
DIR By: newpcnappeal
Date: December 10, 2025, 10:14 am
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Situation
Keeper received 5 PCNs in the post, which arrived to the keepers
address between 1st and 8th December. PCNs issued for being on
private land ‘without a valid permit’ on
23rd,26th,27th,28th,30th Nov.
The keeper of the vehicle is a resident of the apartment block
where the private land PCN has been issued for. The keeper’s
tenancy agreement makes no mention of parking rights or
restrictions.
Property manager has informed that permits are only issued to
residents on 8th floor and above, keeper resides on the second
floor. Property manger will not ask UKCPS to cancel the PCNs as
in their view the charges have been applied correctly. The
parking area is located in the basement area of the apartment
complex, where access is usually gained via a remote controlled
shutter gate. The shutter gate has been out of action the last
month and the area is now accessible to anyone. The vehicle
entered the parking area to gain easy access to the basement
elevator so that heavy items could be moved easier to the flat
of the resident.
The vehicle used the same numbered bay each time, which is
unoccupied.
Keeper has appealed 2/5 PCNs via UKCPS’s portal as of time of
posting this, choosing ‘other’ as the option for appeal.
From reading of a similar case on this fourm, keeper has used
the text at the end of this post on the first 2 appeals. Looking
for advice on what has been appealed already and any guidance on
future actions please.
Appeal sent already:
Dear Sir/Madam,
I am the registered keeper of vehicle xxx and I am appealing all
Parking Charge Notices issued at the basement car park at St
James Gate, Newcastle upon Tyne, for “without a valid permit”.
1. No permit entitlement / no contract with me
I am a resident of this private land, residing in Apartment x,
The Bar, St James Gate. My tenancy agreement grants me no right
to the basement car park and contains no clause requiring me to
obtain or display a permit there. I therefore have no
entitlement to a permit and no contractual relationship with you
regarding basement bays. and I cannot be in breach of a permit
requirement that does not and cannot apply to my flat. On that
basis, no contract can have been formed between UKCPS and I as
the registered keeper, for this parking area.
2. Inoperative gate – open access, poor management
At the time the vehicle was parked, the gate was not functioning
and the area was effectively open‑access from street
level. Despite this, UKCPS is enforcing it as if it were a
controlled, gated residents’ facility.
Enforcing a residents‑only permit scheme against someone
who (a) is a genuine resident, (b) cannot obtain a basement
permit at all, and (c) is able to enter via a broken,
non‑functioning access gate, is unreasonable and contrary
to the spirit of the private parking Code of Practice requiring
clear, fair and transparent terms.
3. Prohibitive signage – incapable of creating a contract
The signage in the basement is prohibitive. The wording is along
the lines of “Parking is permitted for permit holders only when
parking wholly in their allocated bays and displaying a valid
permit.” That wording does not offer parking to a
non‑permit holder at all; it simply forbids it. A sign
which merely states that parking is only for permit holders
cannot create any contractual liability with someone who is not
and cannot be a permit holder. At most, it might allege
trespass, and only the landowner (not UKCPS) could pursue such a
claim.
Because the sign is prohibitive and makes no offer to a
2nd‑floor resident with no permit entitlement, there can
be no contract and therefore no contractual parking charge.
4. Inadequate information about any scheme
There is no clear or prominent information anywhere on site, or
provided to me as a resident, explaining how non‑entitled
residents or visitors could obtain any permission to use the
basement, nor any process for temporary use when moving heavy
items, deliveries, etc. I was never informed that the basement
remained under strict enforcement while the shutter was broken,
nor warned that UKCPS would issue multiple postal PCNs to a
resident who has no basement rights.
The lack of clear, tailored information for residents like me is
contrary to the BPA/IPC standards of clarity and transparency.
5. No keeper liability under the Protection of Freedoms Act 2012
As registered keeper, I also challenge UKCPS’s attempt to rely
on Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) to
transfer any liability from the unknown driver to me.
The Notices to Keeper received:
Do not specify any clear “period of parking”; they only show a
single “time of issue” rather than a period of parking, which
does not satisfy PoFA Schedule 4 para 8/9’s requirement to
“specify the period of parking”. A moment in time is not a
period.
Do not evidence any parking duration beyond the initial
consideration/grace period allowed under the industry Code,
during which a driver is entitled to enter, locate a space, read
the terms and decide whether to stay.
Because the statutory wording has not been met, UKCPS cannot
hold the keeper liable. I will not be identifying the driver,
and there is no legal obligation upon me to do so.
6. Reasonable, de minimis use by a resident
The vehicle used the basement only on a small number of
occasions, in empty bays, for a brief period, in connection with
the movement of heavy items via the lift that serves my flat.
There was no obstruction or damage. This was reasonable, de
minimis use by a resident, in an open‑access car park,
where the operator has chosen to pursue multiple high charges
instead of ensuring clear information and fair management.
Notices received
HTML https://ibb.co/Ps700WZB
HTML https://ibb.co/M5Vm0p9g
HTML https://ibb.co/gFmPqQcT
HTML https://ibb.co/1JJ6RGTB
HTML https://ibb.co/Y4FJpdqW
HTML https://ibb.co/xqKBDdMG
HTML https://ibb.co/sdY0Gtmb
Entrances to car park and signage
HTML https://ibb.co/ZzpWDpMn
HTML https://ibb.co/zHXmzTqM
HTML https://ibb.co/ZzpWDpMn
#Post#: 101913--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: b789
Date: December 10, 2025, 1:33 pm
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First of all, please tell us exactly what your lease/AST DOES
say about parking. What it doesn't say is equally important but
we will cover that once we know for sure the exact wording used.
The letter, taken as it stands, is broadly sensible and
certainly not ruinous. It presents as a reasonably coherent
Keeper appeal from a resident, and importantly it does not
contain an explicit admission of being the driver. You clearly
identify yourself as the “registered keeper” and maintains that
framing throughout. The one place where it drifts slightly is
where you refer to “I was never informed…”, but even there, that
can be read as the Keeper speaking about information given to
them as a resident rather than as a driver. There is no direct
“I parked” or “I drove”, so you have not obviously destroyed any
PoFA keeper liability arguments.
Point 1 (“No permit entitlement / no contract with me”) mixes
two different concepts but is not harmful. It correctly records
that the tenancy/AST is silent about any basement parking rights
or obligations, and that the Keeper has no entitlement to a
permit. That is factually useful for later, especially if the
AST wording on quiet enjoyment and absence of parking clauses
will be deployed. The legal conclusion, “no contract with me,”
is a bit loose – UKCPS will always say the contract is created
by signage, not by the tenancy – but stating that position in an
appeal does no damage. It at least flags the resident/primacy
angle.
Point 2 about the broken gate and open access is background
material, not a core legal argument, but it helps to paint
UKCPS’ enforcement as heavy-handed and poorly managed. It shows
the car park was functioning in practice as open access rather
than controlled resident parking. That can be useful context for
an “unreasonable, predatory” narrative, but on its own it is not
decisive.
Point 3 on prohibitive signage is actually one of the stronger
parts of the letter. You correctly identify that “permit holders
only” wording does not offer any parking licence to a non-permit
holder and that this is, at best, an alleged trespass situation
where only the landowner has standing. As an appeal point, it is
well expressed. It draws a clear distinction between a
prohibitive notice and an offer capable of forming a contract.
This is a line you can later support with authority if it ever
gets to court.
Point 4 about inadequate information for residents and the lack
of any process for temporary use is, again, contextual rather
than strictly legal, but it supports arguments about unfairness
and lack of transparency. Referring to BPA/IPC standards is
slightly dated post-PPSCoP, but that is a technicality; it does
not harm the your position as Keeper. At worst it is just not
the most modern framing. It does usefully show that nothing was
communicated to residents about how they should lawfully manage
the kind of situation described (moving heavy items, etc).
Point 5 on PoFA and Keeper liability is generally fine, provided
it is factually accurate. The key assertions are that the
Notices to Keeper do not specify a “period of parking” and only
show a “time of issue”. That is a valid line to run. The letter
also correctly maintains the position that you, the Keeper, will
not be naming the driver and are under no obligation to do so.
Introducing the concept of consideration and grace periods is
slightly more sophisticated than a first appeal usually needs,
but it does no harm; it simply suggests that even if there were
a "period recorded", it might fall within “free” time.
Point 6 (“Reasonable, de minimis use by a resident”) is a
mitigation-type point but it is carefully phrased in terms of
“the vehicle used the basement” rather than “I parked”. It
positions the use as limited, non-obstructive and tied to moving
heavy items to your flat. That fits neatly with later reliance
on Jopson-type reasoning about short, necessary, non-abusive use
by residents. It does not concede anything that could not have
been inferred from the pattern of PCNs anyway.
Overall, the letter reads as a fairly robust Keeper appeal: it
asserts resident status, highlights prohibitive signs,
challenges PoFA compliance, and declines to name the driver. It
strays slightly into legal argument a bit earlier and in a bit
more detail than strictly needed for an initial appeal which is
never successful, but that is not fatal. The main future work
will be to align this narrative with whatever the tenancy/lease
actually says about parking and to build on the prohibitive
signage and PoFA points; there is nothing in what has already
been sent that closes off those routes.
Have you appealed each PCN separately?
#Post#: 101921--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: newpcnappeal
Date: December 10, 2025, 2:50 pm
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Thank you very much this comprehensive response.
I have submitted 2 appeals on the online portal so far and plan
to do the remaining 3 now.
My Assured short hold tenancy agreement says absolutely nothing
about parking as far as I am aware:
1. TENANT OBLIGATIONS
The Tenant agrees with the Landlord that throughout the Tenancy
the Tenant will:
1.1. General
1.1.1. Any obligation upon the Tenant under this Agreement to do
or not to do anything shall also require the Tenant
not to permit or allow any licensee or visitor to do or not to
do that thing.
1.1.2. To be responsible and liable for all the obligations
under this Agreement as joint and several Tenant if the
Tenant forms more than one person, as explained in the
Definitions.
1.2. Pay Rent
1.2.1. Pay the Rent and any other sums due to the Landlord in
the manner set out in this Agreement, whether
formally demanded or not.
1.3. Pay Interest
1.3.1. Pay interest on any amounts of Rent due and in arrears by
in excess of 14 days at the rate of 3% above the
Bank of England annual base rate calculated on a day to day
basis from the date that the same shall become due
until payment in full is made.
1.4. Pay for Council Tax
1.4.1. Unless the Rent is expressed as being inclusive of
council tax, to pay the council tax (or any similar charge
which replaces it) in respect of the Property either directly to
the local authority, or by paying that sum to the
Landlord where the Landlord has paid that sum to the local
authority (whether legally required to do so or not) within
14 days of receiving a written request for such monies.
1.5. Pay for Utilities
1.5.1. To pay all charges falling due for the following services
used during the Tenancy:
Council Tax, Water (which includes any systems utilised for the
heating or cooling of water, within the
Property), Sewerage, Gas, Electricity & Other Fuel, Telephone,
Broadband, Satellite Television, Cable Television,
and TV Licence
1.6. Care for Property
1.6.1. Not cause or allow any damage or loss to the Property or
Contents, fair wear and tear excepted, and use the
Property and Contents in a proper and tenant-like manner.
1.6.2. The Tenant is liable to change, replace or renew at
his/her own cost all light bulbs, batteries, and extractor fan
filters, and dishwasher and water softener salt.
1.6.3. To inform the Landlord immediately in writing when it
comes to the notice of the Tenant of any repairs or other
matters falling within the Landlord's obligations to repair the
Property.
1.7. Replace Broken Glass
1.7.1. Promptly replace all cracked or broken glass with the
same quality glass, where the crack or breakage is
caused as a result of any action or misuse or negligence of the
Tenant, a third party, any family or visitors, whether
invited or not.
1.8. Smoke Detectors and Carbon Monoxide Detector
1.8.1. Ensure that all smoke and carbon monoxide detectors are
kept in good working order by ensuring that they
are kept free from obstruction, tested regularly and replacing
batteries when necessary.
1.9. Good Repair
1.9.1. Keep the Contents including all electrical gas and other
appliances equipment and apparatus in good repair
and condition, fair wear and tear excepted.
1.9.2. Take care not to cause an overload of the electrical
circuits by the inappropriate use of multi-socket electrical
adaptors or extension cables when connecting appliances to the
mains electric system.
1.10. Preserve Interior Condition
1.10.1. Keep the Property and the Contents in good order and in
a clean condition as at the commencement of the
Tenancy, fair wear and tear excepted.
1.10.2. Permit the Landlord to give the Tenant notice in writing
of any necessary works of repair, cleaning,
restoration, or replacement which is the obligation of the
Tenant to be undertaken within a reasonable time agreed
between the Tenant and the Landlord.
1.11. Clean Windows
1.11.1. Clean the inside and outside of the easily accessible
windows regularly and at the end of the Tenancy.
1.12. Prevent Obstructions
1.12.1. At all times take all reasonable precautions not to
cause blockage to the drains and pipes in or about the
Property and keep gutters, gullies and downpipes free of debris.
In the event that a blockage is caused as a result of
misuse or negligence of the Tenant, his/her family or visitors,
the Tenant shall be liable to clear, or arrange the
clearance of, the blockage or debris.
1.13. Protect from Freezing
1.13.1. At all times, to ensure that all reasonable precautions
are taken to protect the Property against freezing and
burst pipes, provided the pipes and other installations are kept
adequately insulated by the Landlord. To reimburse
the Landlord in respect of any damage caused to the Property as
a result of frozen or burst pipes due to the Tenant
failing to take reasonable precautions.
1.14. Keep Ventilated
1.14.1. Keep the Property adequately ventilated and make good
use of extractor fans (where provided) so as to
reduce the occurrence of condensation and wipe away any
occurring condensation to prevent any resultant mould
and damage to the Property and the Contents.
1.15. E-bikes or E-scooters
1.15.1. The Tenant agrees not to store or charge an E-bike or
E-scooter in or about the Property or permit any other
resident in the Property nor to allow his invited guests or
visitors to do so without the Landlord's prior written
consent which will not be unreasonably withheld or delayed. If
in breach of this clause, the Tenant will be liable for or
to compensate the Landlord for any damage caused and to restore
the interior and/or exterior of the Property to the
condition described in the Inventory.
1.16. Fuel Storage
1.16.1. Any coal/logs stored at the Property must be stored in
an appropriate and suitable receptacle in such a place
as will not cause damage to the Property or the Contents.
1.17. Prevent Infestation
1.17.1. Not keep any refuse or rubbish in the Property and
regularly dispose of the same in a suitable receptacle to
maintain acceptable levels of hygiene and prevent outbreaks of
any infestations such as pests or disease. In the
event of an infestation, to clean, arrange, or compensate the
Landlord for the cleaning of the Property with de-
infestation cleaner to a professional standard at the end of the
Tenancy if de-infestation is necessary.
1.18. Maintain Gardens
1.18.1. Keep any gardens and grounds including any pond, terrace
or patio included in the Property in a neat,
unobstructed and tidy condition and free from litter and weeds.
Keep the grass cut and reasonably maintain any
lawns, trees and shrubs in a proper manner as seasonally
required. Not to cut down or remove any trees, shrubs or
plants (other than annual plants) or otherwise alter the
existing design content or layout of the said garden or
grounds without the prior written consent of the Landlord, which
will not be unreasonably withheld.
1.19. Not Alter Property
1.19.1. Not alter or in any way interfere with the construction
or arrangement of the Property. Not to carry out any
redecoration or make any alteration in or addition to the
exterior or interior of the Property without the previous
consent in writing of the Landlord, which will not be
unreasonably withheld.
1.20. Not Remove Contents
1.20.1. Not remove or allow the removal of the Contents from the
Property or store the Contents in any way which
may lead to the condition of the Contents to be damaged or
deteriorate at a quicker pace than they would if they
remained in the places recorded in the Inventory.
1.21. Not Affix Items to Walls
1.21.1. Not to hang pictures other than with a reasonable number
of commercially available picture hooks or
fastenings without the prior written consent of the Landlord,
which will not be unreasonably withheld.
1.22. Not Post Signs
1.22.1. Not to display or allow to be displayed any notice,
sign, banner or placard visible from outside the Property
without the prior written consent of the Landlord, which will
not be unreasonably withheld or delayed. The Landlord
reserves the right to withdraw, for reasonable grounds and upon
reasonable notice, any consent previously given.
1.23. Not Affix or Erect Aerial or Satellite Dish
1.23.1. Where not already provided or available at the Property,
not to affix or erect outside the Property any
television or radio aerial or satellite dish or install any
cable television or cable telephone without the prior written
consent of the Landlord, which will not be unreasonably withheld
or delayed but may be subject to conditions. Where
granted such consent will be detailed under Special Tenancy
Conditions or as an Addendum to this Agreement. The
Landlord reserves the right to withdraw, for reasonable grounds
and upon reasonable notice, any consent previously
given.
1.24. Pets
1.24.1. The Tenant agrees not to keep any animals or birds
(whether domestic or otherwise) in the Property without
the Landlord's prior written consent which will not be
unreasonably withheld or delayed.
1.25. Smoking Prohibition
1.25.1. Not to smoke or allow any other person to smoke any
cigarettes cigars pipes or other forms of tobacco or
other substances, including vapes, within the Property without
the prior written consent of the Landlord. Where
granted such consent will be detailed under Special Tenancy
Conditions or as an Addendum to this Agreement. The
Landlord reserves the right to withdraw, for reasonable grounds
and upon reasonable notice, any consent previously
given. In the event of any breach of this clause then the Tenant
shall pay such costs to the Landlord for making good
any resultant staining, discolouration, burn marks or odour
present at the Property at the end of the Tenancy.
1.26. Changing Locks
1.26.1 Not alter, change or install any locks on any doors or
windows in or about the Property or have any additional
keys or remote control devices made, except in the case of an
Emergency, without the prior written consent of the
Landlord, which will not be unreasonably withheld or delayed.
1.26.2. Where consent to change locks is granted, one set of the
new keys must immediately be made available to
the Landlord and at the end of the Tenancy the Tenant must
provide the same number of sets of keys, fobs and
other devices for the new locks as were provided by the Landlord
at the commencement of the Tenancy.
1.26.3. Where any keys the Tenant is responsible for are either
lost or stolen, the Tenant shall be liable for the cost
of having the relevant lock/s changed for the Property, one set
of the new keys must immediately be made available
to the Landlord and at the end of the Tenancy.
1.27. Use of Burglar Alarm (if applicable)
1.27.1. Take every precaution to ensure the correct use of the
burglar alarm system to the Property and pay any call
out charge or costs for the repair or for re-setting of the
system necessary as a result of misuse or negligence by the
Tenant, his/her family or visitors.
1.27.2. Not change any burglar alarm code without the prior
written consent of the Landlord, which will not be
unreasonably withheld or delayed. Where such consent is granted
the Tenant will promptly provide the Landlord
with the details of the new code.
1.28. Secure Property
1.28.1. Not leave the Property unattended or unoccupied for any
period whatsoever without locking and securing all
deadlocks and other locks and bolts fitted to the doors and
windows permitting access to the Property and ensuring
the burglar alarm (if any) is activated.
1.29. Notify & Action if Unoccupied
1.29.1. Not leave the Property vacant, unattended or unoccupied
for a period of more than 14 consecutive days
without first giving reasonable notice to the Landlord of the
intention to do so.
1.29.2. After leaving the Property unattended for any period of
7 days or more, to flush through the water systems
by running all taps and showers for 20 minutes and by flushing
all toilets to reduce the risk from exposure to
legionella bacteria.
1.30. Landlord's Insurance
1.30.1. Not to do, permit to be done, or fail to do anything
that may render void or invalidate any policy of insurance
on the Property or the Contents nor anything that may cause an
increased premium to be payable, provided that a
copy of the relevant sections of the policy has been given to or
shown to the Tenant at the start of the Tenancy or
within a reasonable time thereafter. To pay the Landlord all
reasonable sums paid by the Landlord for any increase in
premiums and all reasonable expenses incurred by the Landlord
incurred as a result of a failure by the Tenant,
his/her family or visitors to comply with this clause.
1.31. Tenant's Personal Possessions
1.31.1. For the avoidance of doubt, there is no cover provided
by any insurance policy maintained by the Landlord
for any personal possessions introduced into the Property by the
Tenant. The Tenant is strongly advised to insure
his/her own belongings with a reputable insurer.
1.32. Permit Access
1.32.1. Permit the Landlord or anyone with the authority of the
Landlord at reasonable hours by no less than 24
hours prior written notice (save in the case of an Emergency) to
enter the Property to view the state and condition
thereof or to undertake any necessary repairs in compliance with
obligations placed on the Landlord by law, or other
necessary repairs or redecoration of the Property or require
access to effect work to a neighbouring property or
boundary divide. Should the Tenant agree that the Landlord,
Agent or authorised contractor can have access relating
to any of the above mentioned circumstances with the Landlord or
anyone with the authority of the Landlord and
access is denied/not possible due to the Tenant refusing or
restricting access, The Tenant will be responsible for
default costs incurred by the Landlord associated with this
breach.
1.33. Permit Viewing
1.33.1. Permit the Landlord or anyone with the authority of the
Landlord by reasonable prior appointment to show
the Property:
a. To potential tenants or purchasers during the last two months
of the Tenancy or other period of notice; or
b. To potential purchasers in the event of the Landlord wishing
to sell or otherwise deal with the reversion of the
Property with the benefit of the Tenancy at any time during the
Tenancy.
1.34. Permit Notices
1.34.1. Permit the Landlord to affix a notice of re-letting or
selling on the Property during the last two months of the
Tenancy or other period of notice, or a notice of selling in the
event of the Landlord wishing to sell the Property with
the benefit of the Tenancy at any time during the Tenancy.
1.35. Take Remedial Action
1.35.1. In an Emergency to take appropriate reasonable remedial
action to prevent further damage to the Property
and give immediate notice to the Landlord.
1.36. Give Notice of Defects
1.36.1. Notify the Landlord immediately in writing upon becoming
aware of:
a. Any damage, defect or want of repair of any nature affecting
the Property or any of the Contents, whether or
not caused by any act, default or neglect of the Tenant, or any
invitee of the Tenant; or
b. Any burglary or attempted burglary upon the Property.
1.36.2. And the Tenant shall be liable for all reasonable
consequential excess loss and expense arising from any
failure to give such notice.
1.37. Forward Correspondence
1.37.1. Pass to the Landlord as soon as is reasonably
practicable following receipt, any notice or other
communication left on or delivered or posted to the Property
that are addressed to the Landlord with the exception
of obvious circulars or marketing material.
1.38. Leasehold (Lease) or Freehold Covenants and Restrictions
1.38.1. Where applicable and provided that prior to the signing
of this Agreement the Tenant is notified in writing or
given a copy of the relevant documents, the Tenant agrees to
observe and not breach or contravene any terms in
the Lease or any Deed under which the Landlord holds the
Property.
1.38.2. The Tenant will comply with all and any new regulations
relating to the building which may be introduced
from time to time and which are notified to the Tenant in
writing and protect the Landlord from loss arising from any
claim in respect of any breach or non-observance of the same.
1.39. Deed of Covenant (if applicable)
1.39.1. If requested and at the Landlord's expense the Tenant
will enter into a Deed of Covenant or such other Deed
as the superior landlords may reasonably require.
1.40. Communal Areas (if applicable)
1.40.1. Not to obstruct any common passageways, hallways and
staircases nor keep or store or place any item or
package or bicycle or pushchair in any communal area of the
Property.
1.40.2. Not to hang or permit to be hung or exposed any clothes
or other articles in any communal or shared garden
or upon the exterior of the Property except where expressly
permitted by the Landlord in writing.
1.41. Not Assign or Sublet
1.41.1. Not to assign this Agreement without the prior written
consent of the Landlord, which will not be
unreasonably withheld or delayed. Where the Landlord grants
consent this may be subject to reasonable conditions
and the Tenant will be liable for the reasonable fees and
expenses incurred by the Landlord in granting such consent
or arranging such assignment.
1.41.2. Not to mortgage or charge the benefit of this Agreement;
1.41.3. Not to take in or receive paying guests or lodgers
without the prior written consent of the Landlord.
1.41.4. Not sub-let, part with or share possession or occupation
of the Property or any part of the Property with any
person not named as Tenant in this Agreement without the prior
written consent of the Landlord, which will not be
unreasonably withheld or delayed. Where granted, the Landlord
may impose reasonable conditions of consent and
the Tenant will be liable for the reasonable expenses incurred
by the Landlord in granting such consent.
1.42. Not Cause Nuisance
1.42.1. Not use the Property or allow others to use the Property
in a way which may cause damage or a disturbance,
nuisance, annoyance, or inconvenience to neighbouring adjoining
or adjacent property or to the owners or occupiers
of them.
1.43. Music and Noise
1.43.1. Not play any musical instrument, music player, radio or
television or cause or permit any undue loud noise to
take place in the Property so as to cause disturbance annoyance
or inconvenience to the occupiers or owners of any
neighbouring adjoining or adjacent property or so as to be
audible outside the Property between the hours of 11.00
pm to 7.30 am.
1.44. Permitted Use
1.44.1. To use the Property for no other purpose than that of a
strictly private residence for the occupation of the
Tenant and occasional guests only; and
a. Not carry on at the Property or allow the Property to be used
for any profession trade or business and not to let
rooms or apartments or receive paying guests or lodgers in the
Property;
b. Not hold or allow to be held any large meeting or gathering
upon the Property or any sale by auction thereon;
c. Not use or permit the Property or any part thereof to be used
for any illegal or immoral purposes;
d. Not to register a business or company at the address of the
Property.
1.45. Combustible Matter
1.45.1. Not take into or keep at the Property any combustible,
offensive or dangerous fluids, fuels or materials or any
gas, paraffin or other liquid fuel unless required for normal
household use and fully comply with all fire precautions
or fire regulations made by the Landlord or the appropriate Fire
Authority.
1.46. Own Gas Appliances
1.46.1. Immediately notify the Landlord if any gas appliance is
brought into the Property by the Tenant and ensure
that it is properly connected to the appropriate pipework by a
suitably qualified Gas Safe registered engineer and is
safe to use. The Tenant will immediately stop using and remove
any such gas appliance which is unsafe or
dangerous to either the occupants or the Property.
1.47. Prohibited Substances
1.47.1. Not to use or consume in or about the Property at any
time any of the drugs mentioned in the Misuse of
Drugs Act 1971 or any other controlled substances the use of
which may hereinafter be prohibited or restricted.
1.48. End of Tenancy
1.48.1. At the expiration or sooner termination of the Tenancy:
a. Clean the Property to the same standard as received on Check
In. Contents including the washing or dry
cleaning (including ironing and pressing) of all bedding, linen,
towels, carpets, curtains, upholstery and soft
furnishings and other articles set out in the Inventory or
articles substituted for the same which shall be shown
by reference to the Inventory to have been soiled during the
Tenancy;
b. Make good and/or pay for the repair of or replacement of any
of the Contents that are broken, lost or damaged
during the Tenancy, save for fair wear and tear;
c. Notify all utility and council tax authorities of the date of
termination of the Tenancy and pay all outstanding
accounts with the service providers up to and including the last
day;
d. Arrange for the return to the hire company prior to the
check-out of any hired or rented television or other
equipment or appliance which the Tenant has hired or rented for
his use at the Property;
e. Deliver all keys and remote control devices to the Landlord
and pay to the Landlord all reasonable costs
incurred by the Landlord in replacing the locks or devices where
such keys or devices are missing;
f. Remove all personal items from the Property before the end of
the Tenancy. The Tenant will be responsible for
meeting all reasonable removal costs and/or storage charges for
items left in the Property after the end or
earlier termination of the Tenancy. The Landlord will remove and
store such items for a maximum of one
calendar month, and take all reasonable steps to contact the
Tenant in this regard and, where possible, will
notify the Tenant at the last known address. If the items are
not collected within one calendar month the
Landlord may dispose of them and the Tenant will be liable for
the reasonable costs of disposal, which may be
deducted from the Deposit or from any sale proceeds and if there
are any costs remaining they will remain the
Tenant's liability; and
g. Provide the Landlord with a forwarding address where the
Tenant may be contacted after the Tenant has
vacated the Property and permit the Landlord to give the
forwarding address to the suppliers of gas, electricity,
fuel, water, telephone services, environmental services or other
similar services incurred at the Property for
which the Tenant is liable and Council Tax authority.
1.49. Breach of Tenancy
1.49.1. The Tenant shall pay the Landlord's reasonable legal
costs and expenses (including VAT) incurred by the
Landlord in enforcement or remedy of any breach of the Tenant
obligations under this Agreement, whether or not
the same shall result in court proceedings.
1.49.2. The Tenant shall pay the cost of any bank or other
reasonable charges incurred by the Landlord if any
standing order payment or cheque submitted by the Tenant is
withdrawn or dishonoured by the Tenant's bank.
2. LANDLORD OBLIGATIONS
The Landlord agrees with the Tenant that the Landlord will:
2.1. Deliver Up Property
2.1.1. At the commencement of the Tenancy deliver:
a. The Property and Contents in a tidy condition and cleaned;
b. Any working chimney swept and clean; and
c. All appliances, smoke and carbon monoxide detectors in proper
working order.
2.2. Allow Quiet Enjoyment
2.2.1. Permit the Tenant to quietly possess and enjoy the
Property during the Tenancy without any unreasonable or
unlawful interruption.
2.3. Pay Outgoings
2.3.1. Pay all taxes, insurance, service charge assessments,
impositions and other outgoings in respect of the
Property, save for those expressly stated as the Tenant's
responsibility in this Agreement.
2.4. Maintain Property
2.4.1. Carry out those repairs to the Property the liability for
which is imposed upon the Landlord by Section 11 to 16
of the Landlord & Tenant Act 1985. This liability obliges the
Landlord to repair and keep in good order:
a. The structure of the Property and exterior (including drains
gutters and pipes);
b. Certain installations for the supply of water, electricity
and gas;
c. Sanitary appliances (including basins, sinks, baths and
sanitary conveniences); and
d. Appliances for space heating and water heating; but not other
fixtures fittings and appliances for making use of
the supply of water and electricity.
2.4.2. This obligation arises only after written notice has been
given to the Landlord by the Tenant in accordance
with the terms of this Agreement;
2.5. Maintain Appliances
2.5.1. Put and keep in repair and proper working order the
central heating system, electrical appliances and other
equipment provided by the Landlord for the use of the Tenant
provided that the Tenant shall be responsible for the
cost of such repair or replacement if it is necessary as a
result of damage sustained through misuse or negligence by
the Tenant or his/her family, any visitor or guest.
2.6. Burglar Alarm (if applicable)
2.6.1. Maintain in proper working order the burglar alarm system
(if any) provided to the Property save that any call
out charge or costs for repair necessary as a result of misuse
or negligence by the Tenant, his/her family, any visitor
or guest shall be payable by the Tenant.
2.7. Title and Consents
2.7.1. The Landlord confirms that all necessary consents have
been obtained to enable the Landlord to enter into
this Agreement.
2.8. Safety Regulations
2.8.1. The Landlord warrants that:
a. Where applicable all upholstered furniture, soft furnishings,
beds, bed bases, mattresses (and mattress
toppers), pillows, cushions and seat pads supplied to the
Property comply with the provisions of The Furniture
and Furnishings (Fire) (Safety) Regulations 1988 and The
Furniture and Furnishings (Fire) (Safety)
(Amendment) Regulations 1993;
b. All gas appliances within the Property comply with the Gas
Safety (Installation & Use) Regulations 1998 and
that all gas appliances will be checked for safety annually in
accordance with The Gas Safety (Installation and
Use) Regulations 1998. A copy of the Gas Safety Check Record
will be provided to the Tenant at the start of the
Tenancy and within 28 days of the annual check undertaken during
the Tenancy;
c. All mechanical and electrical equipment in the Property are
in good repair and working order and that all
electrical equipment supplied to the Property complies with The
Electrical Equipment (Safety) Regulations 2016
and the Plugs and Sockets etc (Safety) Regulations 1994; and
d. The Property is in a habitable condition.
2.9. Smoke Detectors and Carbon Monoxide Detectors
2.9.1. The Premises are compliant with The Smoke and Carbon
Monoxide Alarm (England) Regulations 2015 at the
start of the Tenancy.
3. NOTICES
3.1. Address and Service
3.1.1. The provisions for service of notices are that if either
party send any document in relation to this Agreement to
the other, it shall be deemed to have been validly and
sufficiently served delivered to the receiving party's address
or last known address by hand; sent by first class post or by
registered post or recorded delivery to [Address Redacted], or
if sent by email; to the email address provided by the Tenant at
the start of the Tenancy, and which has been confirmed as being
their own: [Tenant Email 1 Redacted], and
[Tenant Email 2 Redacted], or by email from the Tenant to the
Landlord: [Landlord Email Redacted].
Where notice is served by first class post, the notice shall be
deemed to have been served two working days
after the date of posting.
Where notice is served by hand or email before 16:30 on a
working day then the notice will be deemed served
that day. If it is served after 16:30 on a working day, or
served on a non-working day, then it will be deemed
served on the next working day.
If the email provided above should no longer be appropriate for
the service of notices then the other party must
be notified of an alternative email address for this purpose.
3.1.2. Any notice or document to be served on the Tenant may be
served by the Landlord or by the Landlord's Agent
on behalf of the Landlord.
3.1.3. For the purposes of Sections 47 and 48 of the Landlord
and Tenant Act 1987 the address of the Landlord is as
stated on page 2 of this Agreement. Where this address is in
England and Wales notices on the Landlord (including
notices in proceedings) may be served to this address. Where the
Landlord's address is not in England and Wales,
the address of the Landlord as detailed in this Agreement under
Definitions may be used as an alternative address
for the service of notices on the Landlord (including notices in
proceedings). If either of these addresses should
change during the Tenancy the Tenant will accordingly be
notified in writing.
4. MISCELLANEOUS
4.1. Stamp Duty Land Tax (if applicable)
4.1.1. The Tenant shall be responsible for assessing his
liability, if any and at any time, for Stamp Duty Land Tax
relating to this Tenancy, and for submitting the appropriate
forms and payment to HM Revenue & Customs. Further
information may be obtained from the HM Revenue & Customs
enquiry line on 0845 6030135 or from their website
Stamp Duty.
4.2. Agent of the Tenant
4.2.1. Any payments in respect of or on account of Rent made by
or drawn on accounts other than those of the
Tenant named in this Agreement will be accepted by the Landlord
as payment made by or on behalf of the Tenant
only and in no circumstances shall constitute the creation of a
new tenancy to any other person.
4.3. Data Protection & Confidentiality
4.3.1. The personal information of both the Landlord and the
Tenant will be retained by the Landlord in accordance
with the terms of the Landlord's Agent's privacy policy ('the
Policy') which both parties will have been served with
and which is also available to view on the Landlord's Agent's
website. In addition to the information provided to the
Landlord about the Tenant in accordance with the Policy, the
Tenant agrees that the Tenant's personal information
can be forwarded to the Landlord. Such information may have been
provided before, during or after the Tenancy.
The Landlord thereafter may share details about the following:
a. Details of performance of obligations under this Agreement by
the Landlord and the Tenant;
b. Known addresses/details of the Tenant and any other Permitted
Occupiers; or
c. Any other relevant information required by the parties listed
below.
4.3.2. This personal information can be shared with the
following:
a. Utility and water companies;
b. The local authority;
c. Authorised contractors;
d. Credit and reference providers;
e. Mortgage lenders;
f. Legal advisors; or
g. Any other essential third party.
4.3.3. This information can and will be provided without further
notice only when the Landlord is authorised to do so
under the Policy.
4.3.4. Section 45 Flood & Water Management Act 2010 The above
Act places a legal obligation on the Landlord
to provide the water authority when requested with a forwarding
address for the Tenant following the end of the
Tenancy.
4.4. Habitation
4.4.1. If the Property or part of the Property is destroyed or
made uninhabitable by any insured risk, and provided
such damage is not as a result of any action or misuse or
negligence of the Tenant, a third party, any family or
visitors, whether invited or not.
a. The Rent will cease to be payable until such time as the
Property is reinstated and rendered habitable;
b. The Landlord shall not be responsible for re-housing the
Tenant; and
c. In the event that the extent of the damage is such that the
Property is not made habitable within one month,
either party may terminate the Tenancy by giving immediate
written notice to the other party.
4.5. Right to Rent
4.5.1. All adults named as the Tenant or who reside at the
Property as a Permitted Occupier, whether named in this
Agreement or not, must provide a valid passport and visa or work
permit to the Landlord prior to taking occupation
of the Property either before or during the Tenancy. If any
person fails to comply, the Landlord may take any
necessary legal action to have the person evicted from the
Property.
4.5.2. If any person forming the Tenant or any Permitted
Occupier changes or any additional occupant moves into
the Property during the Tenancy, the Tenant agrees to ensure
that any new or additional persons complies with the
legal requirements of the Right to Rent conditions under the
Immigration Act 2014 prior to moving into the Property.
This will involve meeting the Landlord in person to provide
valid documents to be checked and copied.
4.6. Rent Increase (if applicable)
4.6.1. The Landlord can increase the Rent every twelve months on
or after the anniversary of the date on which the
Tenancy began ("Rent Increase Date"). For the avoidance of doubt
this means that the Rent may increase on or after
20th March 2026. The Rent may be reviewed again on or after the
anniversary of the previous Rent Increase Date.
The increase is to be calculated according to the rise in the
Retail Prices Index from the start of the Tenancy, or the
previous Rent Increase Date, whichever is the later, to the
month with the most recent available Retail Prices Index
data. To avoid doubt if the Landlord does not increase the rent
in any year this will not affect the Landlord's rights to
increase the Rent in subsequent years.
5. INVENTORY
5.1. Preparation of the Inventory
5.1.1. If the Landlord chooses to obtain an Inventory at the
start of the tenancy then the Landlord will be responsible
for providing a fully comprehensive Inventory for the Property
at the beginning of the Tenancy.
5.2. Attendance
5.2.1. If applicable the Tenant will attend, or appoint a
representative to attend the appointment at which time the
inspection which informs the Inventory will take place. In the
event that the Tenant does not keep a prearranged
appointment, the Landlord reserves the right to carry out the
Check In without the Tenant in attendance and send a
copy to the Tenant once prepared. The Tenant will within seven
days of the commencement date of the Tenancy
respond with any written amendments or notes.
6. AST
This Agreement is intended to create an Assured Shorthold
Tenancy as defined by Section 19A of the
Housing Act 1988 and shall take effect subject to the provisions
for the recovery of possession set out
in Section 21 of that Act.
6.1. Provision for Re-Entry
6.1.1. If at any time:
a. The Rent, or any part of it, remains unpaid for 14 days after
falling due, whether formally demanded or not;
b. If any agreement or obligation of the Tenant is not complied
with; or
c. If any of the grounds set out in Schedule 2 of the Housing
Act 1988 be made out.
6.1.2. The Landlord may give written notice to the Tenant that
the Landlord seeks possession of the Property. If the
Tenant does not comply with that Notice, the Landlord may gain
possession of the Property by complying with
his/her statutory obligations; obtaining a court order; and
re-entering the Property with a court approved bailiff. This
clause does not prejudice any other rights that the Landlord may
have in respect of the Tenant's obligations under
this Agreement.
7. DEALING WITH THE DEPOSIT
7.1. The Landlord shall lodge the Deposit with the Deposit
Protection Service ('DPS') in a nominated client account
as soon as reasonably practicable. Any interest earned on the
Deposit will be retained by The Deposit Protection
Service at the end of the Tenancy and any agreed balance of the
Deposit (subject to the clauses below) will be
returned to the Tenant.
7.2. After the Tenancy the Landlord is entitled with the written
consent of the Tenant, to deduct from the sum held
as the Deposit any monies referred to in this Agreement. If more
than one such deduction is to be made by the
Landlord, monies will be deducted from the Deposit in the order
listed.
7.3. The Landlord shall notify the Tenant in writing of any
deduction to be made under this Agreement. That notice
shall specify the amounts to be deducted and the reasons for any
deductions to be made. No deduction will be made
from the Deposit without the written consent of both parties. In
the event there is no agreement between the
Landlord and Tenant then either party may refer the matter to
the DPS for adjudication. This process is set out in the
Prescribed Information.
7.4. At the end of the Tenancy the Landlord shall return the
Deposit (subject to any deductions made under the
Agreement) within 30 days of the end of the Tenancy except in
the case of dispute. If there is more than one Tenant,
the Landlord may return the Deposit by cheque to any one Tenant,
at his sole discretion, at his/her last known
address. That person forming part of the Tenant will hold the
Deposit in trust for all others forming the Tenant.
7.5. If the amount of monies that the Landlord is entitled to
deduct from the Deposit under the Agreement exceeds
the amount held as the Deposit, the Landlord may require the
Tenant to pay that additional sum to the Landlord
within 14 days of the Tenant receiving that request in writing.
7.6. The Landlord may deduct monies from the Deposit to
compensate the Landlord for losses caused for any or all
of the following reasons:
any damage to the Property and/or the Contents caused by the
Tenant or arising from any breach of the terms
of this Agreement by the Tenant;
any damage caused or cleaning required as a result of any pets
occupying the Property (whether or not the
Landlord consented to its presence as set out in this Agreement;
any sum repayable by the Landlord to the local authority where
housing benefit or Local housing Allowance has
been paid direct to the Landlord by the local authority;
any other breach by the Tenant of the terms of this Agreement;
any instalment of the Rent which is due but remains unpaid at
the end of the Tenancy;
any unpaid account or charge for water including sewerage and
environmental charges, electricity gas or other
fuels used by the Tenant in the Property;
any unpaid council tax; or
any unpaid telephone charges.
7.7. The Tenant shall not be entitled to withhold the payment of
any instalment of Rent or any other monies payable
under this Agreement on the ground that the Landlord holds the
Deposit or any part of it.
7.8. If the Landlord sells or transfers his interest in the
Property the Tenant shall consent to the transfer of the
Deposit (or the balance of the Deposit) to the purchaser or
transferee. The Landlord shall then be released from any
further claim or liability in respect of the Deposit or any part
of it.
Much appreciated!
#Post#: 101957--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: b789
Date: December 11, 2025, 3:51 am
---------------------------------------------------------
Thanks for posting the AST. The short answer is: the fact that
your tenancy says absolutely nothing about parking actually
helps you, it doesn’t help UKCPS.
A few key points from what you’ve posted:
1. No parking clauses = no contractual permit obligation
There is:
– No clause granting you a specific bay;
– No clause saying you must not use the basement;
– No clause requiring you to display a permit or obey a
third-party parking scheme;
– No clause saying you must pay private parking charges.
So there is nothing in your own contract with the landlord that
creates any obligation to contract with UKCPS or to pay them
anything. That dovetails nicely with what you already said in
your appeal about having “no entitlement to a permit” and “no
contract with me”. On the tenancy itself, that is accurate.
2. Quiet enjoyment v third-party ticketing
Clause 2.2.1:
--- Quote ---
> Permit the Tenant to quietly possess and enjoy the Property
during the Tenancy without any unreasonable or unlawful
interruption.
--- End Quote ---
UKCPS are only there because the freeholder/managing agent chose
to bring them in. If their contractor is issuing a flurry of
Ł100 charges to an actual resident who is simply using the
building’s facilities to get heavy items to their flat, that is
the sort of interference which can be characterised as cutting
across your right to quiet enjoyment and your normal, reasonable
use of the premises.
It means any attempt by UKCPS to say “you had no right to be
there at all” sits very badly with your AST. Your tenancy is
what gives you the right to be in and around the building; UKCPS
are just a stranger to that contract.
3. Headlease / regulations clause (1.38)
The only bit that even touches common parts / estate rules is:
--- Quote ---
> 1.38.1. Where applicable and provided that prior to the
signing of this Agreement the Tenant is notified in writing or
given a copy of the relevant documents, the Tenant agrees to
observe and not breach or contravene any terms in the Lease or
any Deed under which the Landlord holds the Property.
>
> 1.38.2. The Tenant will comply with all and any new
regulations relating to the building which may be introduced
from time to time and which are notified to the Tenant in
writing…
--- End Quote ---
So, even if the headlease somewhere talks about parking/permits,
you are only bound to those covenants and any “building
regulations” if they were:
– Given to you in writing, or
– Notified to you in writing.
From what you have said, nobody has ever provided you with any
estate rules or written regulations about the basement permit
scheme, who may park there, or how residents below the 8th floor
should deal with unloading, moving items, etc. That means they
will struggle later to say you were in breach of some hidden
lease covenant.
4. Communal areas / nuisance (1.40)
This is the closest the AST comes to regulating shared spaces:
--- Quote ---
> 1.40.1. Not to obstruct any common passageways, hallways and
staircases nor keep or store or place any item or package or
bicycle or pushchair in any communal area of the Property.
--- End Quote ---
Briefly using an otherwise empty bay, by the lift, to move heavy
items to your flat is exactly the sort of reasonable, short-term
use that the County Court has previously recognised as part and
parcel of living in a block of flats (as opposed to “parking” in
the commercial sense). It is not “obstruction” or storage, and
you were not dumping items in corridors.
So nothing in 1.40 assists UKCPS. If anything, it underlines
that what you were doing was ordinary residential use of the
premises.
5. Your appeals so far
Everything you’ve shown still looks fine from a keeper-liability
point of view:
– The AST being silent on parking backs up what you’ve
already said in point 1 of your appeal.
– You have not said “I parked” or “I drove”; all the “I”
language can be read as you speaking as resident/keeper.
– The prohibitive signage point is good and will matter
later.
– The PoFA point about “period of parking” versus a single
time is also sound.
Next steps
- 1. Appeal all 5 PCNs separately
Yes, carry on and appeal the remaining three in exactly the same
way, one appeal per PCN, always as keeper. Keep screenshots or
PDFs of each submission and any confirmation pages.
- 2. Do not phone them and do not add “extra” explanations
You have said enough. Do not ring UKCPS and do not now send any
follow-up where you start talking about “when I parked” or
similar. Let the existing keeper appeals stand.
- 3. Expect five rejections
UKCPS will almost certainly reject every appeal. That is normal.
If they offer the IAS, I would not normally recommend using it;
it is not a genuinely independent or balanced tribunal. There is
no legal requirement to use it and it very rarely helps
consumers. However, there is a certain Schadenfreude in sending
a verbose, legalese ridden appeal that they have to pay for
unless they concede. I am happy to give you a suitable IAS
appeal upon rejection of the initial appeals.
- 4. Parallel approach to the landlord/agent
Separately from UKCPS, it is worth a short, firm email to the
managing agent/landlord along these lines:
– You are a tenant with a right to quiet enjoyment;
– The AST contains no parking/permit clauses and you were
never given any building regulations about the basement scheme;
– The gate has been broken for a month so the area has been
effectively open to all;
– You have now been hit with five Ł100 charges while simply
using the lift access to move heavy items to your flat, in an
otherwise empty bay;
– Their contractor’s behaviour is disproportionate and
undermines your quiet enjoyment;
– You require them, as principal, to instruct UKCPS to cancel
all five charges.
If you want help drafting that, say so and I can put something
suitable for you to adapt.
- 5. Longer-term: what happens if they try court
If, months down the line, UKCPS or, more likely, a bulk
litigator sends a proper Letter of Claim (LoC) the key planks of
any defence, besides the usual procedural errors will be:
[indent]– Primacy of your tenancy: no parking/permit clause, no
agreement to pay them anything, and quiet enjoyment being cut
across by their ticketing;
– Prohibitive “permit holders only” signs: no contractual offer
to non-permit holders; at most, trespass, and only the landowner
could pursue that;
– PoFA non-compliance: no valid transfer of keeper liability, so
they can only pursue the unknown driver;
– Reasonable, short-term use by a resident to unload heavy
items, in an open-access car park with an inoperative
gate.[/indent]
We can deal with that if and when an LoC arrives. For now, the
job is simply to get all five keeper appeals logged and keep
everything in a neat file.
So in summary: your AST is actually very helpful. It does not
create any obligation to obey UKCPS or pay them a penny, and it
supports the story you have already given in your initial
appeals.
#Post#: 102051--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: newpcnappeal
Date: December 11, 2025, 9:42 am
---------------------------------------------------------
Regarding your point of:
4. Parallel approach to the landlord/agent
Separately from UKCPS, it is worth a short, firm email to the
managing agent/landlord along these lines:
– You are a tenant with a right to quiet enjoyment;
– The AST contains no parking/permit clauses and you were
never given any building regulations about the basement scheme;
– The gate has been broken for a month so the area has been
effectively open to all;
– You have now been hit with five Ł100 charges while simply
using the lift access to move heavy items to your flat, in an
otherwise empty bay;
– Their contractor’s behaviour is disproportionate and
undermines your quiet enjoyment;
– You require them, as principal, to instruct UKCPS to cancel
all five charges.
If you want help drafting that, say so and I can put something
suitable for you to adapt.
I would appreciate assistance in drafting something to the
property manager again regarding cancellation of PCNS if you
think this is still suitable? Please see more
background context below:
On an unrelated manner a few months ago I emailed the property
manager about the possibility to use the basement car park. I
did this as my allocated parking which is a privately run multi
story car park had continually malfunctioning barriers when I
tried to exit, causing me consistent delays exiting. He
responded
‘’The basement car park is allocated to flats 8th floor and
above therefore under the terms of the lease we wouldn’t be able
to let you park there as they pay an additional service charge
for the maintenance of this area’’
Is the points you have replied with still valid taken this into
consideration? :
So, even if the headlease somewhere talks about parking/permits,
you are only bound to those covenants and any “building
regulations” if they were:
– Given to you in writing, or
– Notified to you in writing.
From what you have said, nobody has ever provided you with any
estate rules or written regulations about the basement permit
scheme, who may park there, or how residents below the 8th floor
should deal with unloading, moving items, etc.
Below was my recent email to property manager after getting the
PCNs:
Unfortunately I've just received PCNs for using the underground
car park on a few separate occasions, and I wanted to reach out
for your help.
I normally park in my allocated multi story car park, but on
these occasions I used the underground car park as
as I had some heavy items to carry from my car to my apartment.
I noticed the barrier gates into this car park are no longer
present so I thought I could make use of the close lift access
with the underground car park.
I'm aware that only residents on the 8th floor and above have
parking permits as part of their lease.
As a resident on floor 2, I've never been issued an underground
permit, and also my tenancy has no clause about allocated
underground parking or permit requirements.
Could you please ask the parking company to cancel these PCNs?
I'd really appreciate your support given my situation as a
resident of the complex being faced with these expensive
penalties.
Also could you confirm the access policy to the underground area
for situations like this?
Property managers response:
Thank you for your email. As you’ve stated in your email
previously, the basement car park is designated for residents on
the 8th floor and above. Since your flat is on the 2nd floor,
you do not have a legal right to park in the basement car park.
This is why you have received parking tickets, as you do not
hold a valid permit for that area.
Your allocated parking is in the offsite multi story car park.
Please note that the roller shutter on the basement car park
door is currently awaiting a replacement part and will be
repaired shortly. If you ever need to lift anything heavy into
your apartment you will need to use the external access outside
of your block and leave someone with your vehicle whilst you do
this.
Unfortunately, we are unable to cancel any fines that have been
correctly issued by the parking enforcement company, as you have
parked in a car park for which you are not eligible.
Based off all this if you think it’s worthwhile to respond to
the property manager, then I would appreciate assistance on what
to respond with.
Many thanks
#Post#: 102055--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: b789
Date: December 11, 2025, 10:01 am
---------------------------------------------------------
--- Quote ---
> Dear Sir,[managing agent],
>
> Thank you for your reply. I must correct your position again
because the statements you have made are legally incorrect and
place the managing agent at risk.
>
> My tenancy agreement contains no clauses about parking,
permits, UKCPS, or any obligation to comply with a private
parking enforcement scheme. Clause 1.38 makes it explicit that I
am only bound by lease covenants or building regulations if they
are provided or notified to me in writing. You have never
provided any. You have never supplied the headlease, any estate
regulations, or any document that would bind me to a permit
scheme or to UKCPS. Nothing in my tenancy creates any contract
between me and UKCPS.
>
> Your repeated claims that these are “correctly issued fines”
are legally wrong. UKCPS does not issue "fines". They issue
speculative contractual invoices that only become payable if a
contract is formed. A contract cannot be formed with a party who
has never been offered any terms, never been given the governing
covenants, and whose tenancy contains no relevant obligations.
Your statements display a serious misunderstanding of contract
law.
>
> You also appear unaware that you, as managing agent, are
jointly and severally liable for the unlawful conduct of your
appointed agent. UKCPS acts under your authority. If they pursue
these baseless claims, you will be directly liable for their
actions, including any misuse of my personal data, any breach of
statutory requirements, and any harassment arising from repeated
unjustified demands. Continuing to assert that the charges are
automatically valid only deepens that liability. You are digging
a larger hole for yourselves by persisting in legally inaccurate
assertions.
>
> Your suggestion that I should “leave someone with the vehicle”
when unloading is neither contractual nor realistic. It appears
to be an invented rule to justify the behaviour of your
contractor. It has no basis in my tenancy agreement or in any
written regulation you have ever provided. Reasonable, brief
loading/unloading by a resident is part of ordinary residential
use and does not become unauthorised simply because UKCPS has
decided to monetise the basement.
>
> The basement gate has been non-functional for a month, meaning
the area has been effectively open access. UKCPS nevertheless
issued five Ł100 charges to a resident simply using the lift
access to move heavy items to their home in an empty bay. This
behaviour is disproportionate and directly interferes with my
right to quiet enjoyment under clause 2.2 of the tenancy. You
are responsible for the conduct of your agent and you have the
power to instruct cancellation.
>
> I am giving you the opportunity to correct your position. I
require you to:
>
> [indent]1. Instruct UKCPS to cancel all five charges.
> 2. Provide copies of any headlease covenants or written
building regulations you claim apply to me, together with
evidence of when these were provided or notified in accordance
with clause 1.38.[/indent]
>
> If you cannot produce such documents, you must stop asserting
that I am contractually prohibited from reasonable temporary use
of the basement or that UKCPS’ demands are automatically valid.
Continuing to do so exposes yourselves as managing agent to
liability should UKCPS escalate this matter.
>
> I expect a considered response, not further legally incorrect
assertions.
>
> Yours faithfully,
>
> [Name]
--- End Quote ---
#Post#: 102072--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: newpcnappeal
Date: December 11, 2025, 1:09 pm
---------------------------------------------------------
Amazing, thank you. I will email the managing agent later today
and keep you updated regarding their response.
#Post#: 102734--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: newpcnappeal
Date: December 16, 2025, 4:38 pm
---------------------------------------------------------
No luck with the property manager, seems to be passing on
responsibility to the landlord & tenancy agency. I’ll continue
with the appeal with UKCPS anyway but might consider lodging a
formal complaint about the property manager to their head
office.
Reply from property manager:
Please note that it is the responsibility of your landlord or
letting agent to advise you of the parking arrangements within
the development, as our legal relationship is with the
leaseholder of the property and not the subtenant.
If you believe your tenancy agreement has not been issued
correctly, we recommend raising this with your letting agent. We
are unable to share the lease for this development, as it is a
legal document that we can only discuss with the leaseholder,
who will have a copy.
There is clear signage in the basement car park indicating that
parking enforcement is in place. All bays are clearly numbered
with the corresponding flat numbers. You would have passed this
signage and seen the marked bays upon entry. The parking company
regularly patrols the facility and has not taken advantage of
the shutter currently being out of operation.
Please note that we cannot cancel any tickets issued for genuine
reasons, such as parking in an incorrect bay on multiple
occasions. If you believe the tickets have been incorrectly
issued, you or your agent will need to liaise directly with the
parking company to resolve this matter.
#Post#: 102776--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: b789
Date: December 16, 2025, 8:20 pm
---------------------------------------------------------
Their reply is actually very useful to you. It contains several
concessions and several legally incorrect assertions that weaken
both their position and UKCPS’s position. I’ll break down what
it really means and then tell you what to do next.
First, what they have effectively admitted.
They have expressly confirmed that:
– They have no contractual relationship with you.
– Their legal relationship is with the leaseholder, not the
tenant.
– They refuse to disclose the lease or any parking covenants.
– They accept that your tenancy agreement is the document
governing your occupation.
– They accept that advising tenants of parking arrangements is
the landlord/letting agent’s responsibility, not theirs.
That is extremely helpful. It reinforces that there is no direct
contractual chain between you and the parking operator via the
managing agent.
Second, where their legal position collapses.
Their statement “there is clear signage” does not solve their
problem. Signage does not override a tenancy. A third-party sign
cannot unilaterally impose contractual terms on a tenant whose
right to occupy already exists unless the tenancy or properly
notified regulations allow it. They have admitted they cannot
show you any such document.
Their assertion that bays are numbered and correspond to flats
is irrelevant. Numbering does not create contractual liability.
It merely describes allocation under the lease. You are not a
party to the lease and have never been provided with it.
Their claim that UKCPS “has not taken advantage of the shutter
being out of operation” is meaningless. Either access was
controlled or it was not. An inoperative gate means access was
open. That is a fact, not a matter of opinion.
Their repeated use of phrases like “genuine reasons” and
“incorrect bay” again exposes legal illiteracy. These are not
fines. There is no statutory authority. The only question is
whether a lawful contract was formed and breached. They have no
evidence that one was.
Third, the most important point: liability.
They are wrong to suggest that responsibility magically passes
away because you are a tenant. The managing agent appointed the
parking company. That makes the parking company their agent in
law. An agent acting within authority exposes the principal to
liability. Passing blame to the landlord or letting agent does
not erase that.
They are also wrong to suggest that you must deal “only” with
the parking company. If UKCPS pursues an unlawful claim, misuses
your data, or harasses you, both the parking company and the
principal who appointed them are potentially liable. Courts do
not accept “talk to the contractor” as a defence.
Fourth, what this means strategically.
At this point, there is little value in continuing to argue with
the site-level property manager. They have entrenched themselves
and are now hiding behind “we can’t share the lease” while
simultaneously relying on it. That contradiction works against
them, not you.
You should now do three things, calmly and methodically.
1. Stop engaging with the property manager on substance.
They have shown they will not act and will continue repeating
incorrect statements.
2. Continue the keeper appeals with UKCPS exactly as planned.
You have not damaged your position. Expect rejections. That is
normal.
3. Escalate above the property manager, not sideways.
A formal written complaint should go to:
– The managing agent’s head office or regional director.
– The freeholder, if you can identify them.
– Optionally, copied to the landlord or letting agent, not to
ask permission, but to put them on notice.
The complaint should not rehearse the whole parking story. It
should focus on:
– The managing agent’s refusal to disclose any document that
allegedly binds you.
– Their repeated misstatements of law (calling invoices “fines”,
asserting automatic validity).
– Their failure to control their agent.
– Their exposure to joint liability if the matter escalates.
Bottom line.
Nothing in that reply damages your legal position. In fact, it
strengthens it. They have confirmed you are not a party to the
lease, cannot see the lease, were never notified of any binding
regulations, and must rely on your tenancy alone. That is
exactly where you want to be if UKCPS ever does something
foolish like issue a claim.
You now escalate this as follows to: [Managing Agent Head Office
/ Complaints Team Email] and Cc: [Property Manager Name/Email],
[Landlord or Letting Agent if you choose]
--- Quote ---
> Subject: Formal complaint – UKCPS enforcement at The Bar, St
James Gate (resident tenant) and managing agent failure to
control appointed agent
>
> Dear Sir/Madam,
>
> I am a resident tenant at [full address]. I am raising a
formal complaint about your on-site representative’s handling of
UKCPS enforcement at the development and the legally incorrect
position repeatedly communicated to me.
>
> Background
>
> I have received five parking charge notices from UKCPS for the
basement car park on dates in November 2025. I am not a
leaseholder. I am a tenant under an Assured Shorthold Tenancy.
My tenancy contains no clauses about parking, permits, UKCPS, or
any obligation to pay private parking charges.
>
> Despite this, your property manager has repeatedly asserted
that the charges are “fines” and that they are “correctly
issued” for “genuine reasons”, and has refused to intervene or
even engage properly with the legal basis of the scheme as it
applies to a subtenant.
>
> Key issues
>
> Legally incorrect statements and misinformation
>
> Your property manager has described UKCPS charges as “fines”
and has treated them as automatically valid. This is legally
wrong. UKCPS has no statutory authority. These are speculative
contractual invoices which only become payable if a lawful
contract is formed and breached. Whether a contract was formed
is a matter of contract law and ultimately for a court, not for
a site manager.
>
> Contradictory stance: reliance on the lease while refusing
disclosure
>
> Your property manager asserts that basement parking is “under
the terms of the lease” and that bays correspond to flats, yet
simultaneously refuses to provide any copy or extract of the
lease or estate regulations, stating these can “only be
discussed with the leaseholder”.
>
> You cannot rely on undisclosed lease terms or undisclosed
regulations to justify enforcement against a tenant while
refusing to identify, provide, or evidence the terms you say
apply. The refusal to provide any documentary basis also makes
it impossible for residents to understand the purported rules or
to comply with them.
>
> Failure to provide or notify any building regulations
applicable to tenants
>
> My tenancy states that where lease covenants or building
regulations apply, they must be provided or notified in writing.
I have never been provided with any development regulations,
parking rules, or any written policy explaining how residents
without basement entitlement are expected to unload heavy items,
deal with temporary access, or otherwise make reasonable use of
the building.
>
> Instead, your property manager has invented “requirements”
after the event (for example, that I must “leave someone with
the vehicle” while unloading). This is not a tenancy term, nor a
written regulation ever provided to me. It is an ad hoc
instruction with no contractual force.
>
> Principal and agent liability
>
> UKCPS is your appointed contractor. Attempting to deflect
responsibility by stating that you have a relationship “only
with the leaseholder” does not change the fact that UKCPS is
operating on the development under authority granted by the
managing agent / freeholder arrangements you administer. If
UKCPS escalates this matter unfairly, misuses personal data, or
pursues an unmeritorious claim, the principal who appointed and
enabled them is exposed to liability for the acts of its agent.
>
> At present, your representative is compounding risk by issuing
legally inaccurate statements, refusing to provide the
documentary basis for the scheme, and refusing to take any
reasonable steps to mitigate obvious unfairness towards an
actual resident.
>
> What I require
>
> A formal complaint response from a senior manager who
understands legal and contractual issues, not a repeat of the
site-level assertions.
>
> Confirmation of the documentary basis for UKCPS enforcement in
the basement area, including:
>
> [indent]a. The name of the contracting principal with UKCPS
(freeholder, leaseholder company, RTM, or managing agent as
agent for the principal).
> b. Confirmation of whether the lease or estate regulations
require a permit scheme and whether that scheme is intended to
bind tenants.
> c. Copies of any building regulations / estate rules / written
policies that you say bind occupiers or residents in relation to
basement parking, unloading, temporary use, and
enforcement.[/indent]
>
> I am not requesting a copy of the full lease. I am requesting
the specific terms or regulations you rely on when asserting
that a tenant has “no right” to stop temporarily in the basement
and that UKCPS charges are “correctly issued”.
>
> A clear statement of your policy for resident unloading /
moving heavy items and how a single occupier is expected to do
this without being exposed to repeated UKCPS charges.
>
> You to instruct UKCPS to cancel the five charges issued to a
resident tenant in these circumstances, or to provide a reasoned
written refusal that addresses the points above and identifies
the precise contractual basis on which you say UKCPS can
lawfully pursue a subtenant.
>
> If you do not resolve this complaint, I will treat your
response as confirmation that the scheme is being operated
without transparency and without properly disclosed rules, and I
will escalate the matter as appropriate.
>
> Please confirm receipt and provide your full response within
14 days.
>
> Yours faithfully,
>
> [Full name]
> [Address]
> [Email]
--- End Quote ---
#Post#: 102956--------------------------------------------------
Re: PCN x5 – Private Land, No Permit. UKCPS – The Bar, St James
Gate
DIR By: newpcnappeal
Date: December 17, 2025, 5:20 pm
---------------------------------------------------------
Thank you again, I’ll get the complaint sent off soon.
In the meantime just received back a response from UKCPs
regarding the first PCN appeal. They have provided the same
photographic evidence as the PCN (pictures of car and the t&c
parking sign) This is what they have said:
Thank you for your appeal submitted on 5th December 2025. After
reviewing your comments, and carefully
considering the evidence collected at the time the Parking
Charge was issued, we regret to inform you that your
appeal has been unsuccessful. The reasons for our decision are
detailed below:
It was observed that you failed to display a valid permit.
Parking terms and conditions, including permit
requirements, are implemented to ensure an efficient and
organised parking system for all residents, tenants,
visitors, etc. It is imperative that all individuals adhere to
these terms and conditions to maintain order and fairness.
Whilst we acknowledge that there may have been mitigating
circumstances, it remains the responsibility of the
driver to comply with the parking terms and conditions and
properly display a valid permit at all times. Failure to do
so can inconvenience others and disrupt the overall parking
arrangements. The circumstances outlined in your
appeal do not negate you from the terms and conditions in place
on the site. As you have parked without a
registered permit, you have breached the terms and conditions
and therefore the PCN has been issued correctly.
Attached, you will find photographic evidence showing the
vehicle parked at the location mentioned above.
We have extended the opportunity for you to pay the reduced
amount of, Ł60.00, until 02/01/2026, after this date,
the full amount of Ł100.00 will be due.
Regards,
Appeals Team
If you believe this decision is incorrect, you are entitled to
appeal to the Independent Appeals Service (''IAS''). In
order to appeal, you will need your Parking Charge Reference and
your vehicle registration. Appeals must be
submitted to the IAS within 28 days of the date of this
response. Please note if you make an appeal with the IAS
then the discounted rate is no longer available.
Please visit their website www.theias.org
Complaints
If you wish to complain, you MUST complain to us directly in the
first instance by writing to us at the address at the
top of this letter. If you are not satisfied with our response,
then you may refer your complaint to the IPC. Further
details can be found at www.theIPC.info
*****************************************************
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