PCM notices at block of flats

BallOfWhacks

Hi everyone

Thank you in advance for the all of the info & expertise here, and all for free! I only wish I had discovered the forum a few days ago.:)

I am a tenant in a block of flats with gated parking access. Over a year ago, the management company instigated parking controls through PCM because of an increase in unauthorized (nonresident) parking. All residents had numbered, assigned bays and were sent PCM-issued permits to display on their dash.

I had no problem with this until this past Sunday, when I discovered 2 notices affixed to my windscreen, claiming that I was not displaying a valid permit. Since I don't use the car every day, I hadn't noticed until Sunday that these notices had been issued the prior Wednesday (a week ago today) and last Friday.

The permit is clearly displayed and always has been, but since PCM seems to have printed it on a home printer, it is perhaps not as legible as it once was. Although I would be pleased to display a newly printed replacement, I feel that the £10 replacement fee (payable to PCM) should either be waived, or covered by the landlord or management company.

Since my initial discovery of the 2 notices on Sunday, I have received another on Monday and yet another yesterday, and I would be surprised if a fifth did not appear today. My original permit is of course still on display, and the management company, (to which I complained) says it is out of their hands, and that I would need to "appeal" to PCM.

I have been a resident at this location for three years, and my car and its permit were not an issue until last Wednesday, and in fact the management company certainly is aware of which bays "belong" to which flats. It is properly parked, and it's where it's supposed to be. I am the RK.

In my initial panic, I did call PCM to enquire about a replacement permit, and I now regret that I provided my name and address although when I refused to pay their £10 fee, the PCM representative put the phone down.

I have seen the advice that these notices can be ignored, but I am concerned since I am in the same space every day (and thus this is not a one-off as it might be in a supermarket car park), and also that I volunteered my own information to this company.

I realise that now that clamping is a no-no, these companies are trying to extort revenue wherever they can.

As a properly parked rent paying tenant, can I simply collect these notices ad infinitum, without worry?

thanks :beer:

SodG24

Are you the leaseholder or do you rent ? The answer will be slightly different between the two options.

trisontana

If it was a gated access how come non-residents were able to park there?

BallOfWhacks

I am renting. I had also discussed this with my landlord (who is probably the leaseholder), who initially fired off a strong response to the management co, demanding that the notices be revoked and that I receive an apology for this being allowed to happen.

Getting nowhere, the landlord seems to be in "oh well at least I tried" mode, but no real solution.

BallOfWhacks

trisontana wrote: »

If it was a gated access how come non-residents were able to park there?

Most likely because the keypad code had not been changed frequently enough, so exresidents and friends could easily get in.

ManxRed

Ask your landlord what it says in his lease with regards to the parking space - I assume it is that it is his exclusive space? Also whether it mentions anything at all in his lease about displaying a permit to park, or whether he must adhere to any terms regarding parking that the Management Company specify. I suspect not, but do get him to confirm this.

The_Slithy_Tove

As ManxRed says. In all likelihood, there is nothing in the lease around permits (especially as this system was only brought in recently). All the guff around permits and PCNs is all rubbish and meaningless pieces of paper. The management company CANNOT impose a parking regime on the leaseholders' own land (e.g. allocated, numbered parking spaces) - they are normally part of the private property (this is where you need to find what the lease says).

Once you have confirmed that the specific parking place belongs to the flat, and no permit scheme is mentioned in the lease, you need to go to the management company, and instruct them that you are not consenting to any permit scheme, and you withdraw any implied permission for PCM to enter the property (your parking space) or touch your car.

You need to realise that PCM are probably not being paid for their services. Their only source of income is from their tickets. Therefore they have no incentive to do anything but dish out as many as possible. This is where it always hits the residents more than any intruders. You need to hit back - at the management company. Make sure all your neighbours know this is a scam, and never to pay any tickets.

BallOfWhacks

Just so I am clear, is the document in question (my landlord's own agreement for the flat) the "head lease"?

Thanks

SodG24

BallOfWhacks wrote: »

Just so I am clear, is the document in question (my landlord's own agreement for the flat) the "head lease"?

Thanks

I've never heard it called a "head" lease. You will have a tenancy agreement between yourself and the landlord / letting agent. The landlord will have either a lease for the flat or will have a share of the freehold. If he has a lease it may mention parking rights ( i.e. the lease comes with a dedicated parking space ). It may also mention requirements for using that space - i.e. displaying a permit but this is VERY unlikely.

You need to know what the lease says about parking rights.

ManxRed

The lease trumps any signs or instructions from the managing agent with regards parking requirements.

If it doesn't say you need to display a permit, you don't need to display a permit.

Also, if the car parking space is exclusively your landlords then the PPC is trespassing every time they put a ticket on your windscreen, and the managing agent's parking scheme will only apply to communal spaces and not to your car parking space.

BallOfWhacks

Hi all

I contacted the landlord, who asked the management company for the wording in the lease:

"Not to use any car parking space for any purpose other than the parking of one private motor car or one private motor cycle."

The management company then added, "there are no restrictions in the lease about parking in other resident's bays, we have brought in parking control at the request of residents."