PCN for parking in my own space

The_Deep

Both you, and your landlord, have rights to "peaceful enjoyment" under the terms of his lease, and your tensncy agreement. If your landlord Is up for it, get him/her to send a "cease and desist" letter to the managing agents.

Ticketing ticketing occupiers properly parked in their own spaces id not "parking management" it is interference with their leasehold rights, and may be a criminal offence under The Landlord and Tenant Acts, and is something that leaseholders should not have to endure.

No-one has lost money, your rights are enshrined in your leases, and PPCs may well be trespassing on the land.

Here is what happened to one PPC who took on the wrong man

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Half_way

With regards to the above post, and if you have the approval/agreement of the landlord:

before you do anything write/tell the management company that you will not be held to the parking companys terms and conditions, you will not be displaying a permit to park in your own space, and you are formally opting out of the scheme.
should anyone from the parking company, or any one acting for the parking company place a ticket upon your vehicle, action may be taken against the management company and or the parking company.

That should set the wheels in motion should you wish to take things further at any point, and let the management company know exactly where they stand with this.

The_Deep

Half_way wrote: »

With regards to the above post, before you do anything write/tell the management company that you will not be held to the parking companys terms and conditions, you will not be displaying a permit to park in your own space, and you are formally opting out of the scheme.
should anyone from the parking company, or any one acting for the parking company place a ticket upon your vehicle, action may be taken against the management company and or the parking company.

That should set the wheels in motion should you wish to take things further at any point, and let the management company know exactly where they stand with this.

Half_way, your advice is inopportune, the OP is a tenant. She is not free to act thusly without the consent of her landlord. All contact with the management company, unless of a very routine nature, should be through the Landlord or his agent.

She cannot tell the management agent what parts of their instructions she will honour, and which she will not. She cannot possibly take them to court.

Were she to follow your advice she could find herself looking at a Section 21 notice.

Half_way

Half_way, your advice is inopportune, the OP is a tenant. She is not free to act thusly without the consent of her landlord.

That was written with the assumption that the landlord had given the OP the 'all clear' post edited to emphasise that.

The_Deep

She can try, but my experience as a landlord of nearly 40 years is that most managing agents will not deal with tenants

The_Slithy_Tove

Clairar wrote: »

They insist the land is theirs and not my landlord's, some nitty gritty contract business and I got bored of arguing!

I find that extremely unlikely. Management companies tend not to own any of the land they "manage" - hence the name. The management company tends to merely act for the actual landowner, i.e. the freeholder.


Even then, there are a couple of possibilities over the parking space itself. It may be part of the leaseholder's lease, i.e. specifically "owned" by the leaseholder, in which case the freeholder (or even their agent) cannot impose arbitrary conditions over it outside of what the lease says. That puts the leaseholder or tenant in the strongest position.


Or the parking may be part of the common areas owned by the freeholder. In which case they may be able to impose some conditions. However whether that allows their agent, the management company, to allow a third party to demand money is another matter entirely. Whatever a parking charge may demand, the losses to the landowner will always be zero, making any charge unenforceable.

Clairar

The_Deep wrote: »

She can try, but my experience as a landlord of nearly 40 years is that most managing agents will not deal with tenants

Correct, they ignored my calls until eventually, after the letting agent had my landlord call them, e-mailed back basically saying "tough". I think a letter to them is going to be a waste of paper because they think they're right. Yet they expect me to listen to them

The_Slithy_Tove wrote: »

I find that extremely unlikely. Management companies tend not to own any of the land they "manage" - hence the name. The management company tends to merely act for the actual landowner, i.e. the freeholder.


Even then, there are a couple of possibilities over the parking space itself. It may be part of the leaseholder's lease, i.e. specifically "owned" by the leaseholder, in which case the freeholder (or even their agent) cannot impose arbitrary conditions over it outside of what the lease says. That puts the leaseholder or tenant in the strongest position.


Or the parking may be part of the common areas owned by the freeholder. In which case they may be able to impose some conditions. However whether that allows their agent, the management company, to allow a third party to demand money is another matter entirely. Whatever a parking charge may demand, the losses to the landowner will always be zero, making any charge unenforceable.

Sorry, I don't get how it works, can they be freeholder? As I understand it, the space came with the flat but whilst my landlord owns the space, he doesn't own the land. They gave the impression that either they do, or they act on behalf of whoever does. They just repeated the same crap until I was running out of time to appeal, I gave up trying to get them to clarify.


They insist that should I 'breach' again they won't cancel, and that this is for the good of the residents, including myself. How 8 weeks of stress and the loss of £60 to a faceless being is for my own good I've absolutely no clue! They've just sent a new letter to everyone advising that parking charges can't be cancelled by the property management company as it goes through the DVLA, so far as I've read so far, that's complete and utter lies, right? Unless they go for NTK...Hence why I'm considering complaining now this particular escapade is over and done with but I think that'll be to my letting agents/the BPA.

Coupon-mad

They've just sent a new letter to everyone advising that parking charges can't be cancelled by the property management company as it goes through the DVLA, so far as I've read so far, that's complete and utter lies, right?

Yep - complete hogwash! The fact the PPC gets the data of keepers from the DVLA doesn't stop whoever contracted the PPC from having the ability to cancel some PCNs. There will be the ability to cancel a % of PCNs written into the contract! They are pretending the tail can wag the dog!