Parking Charge Notice in own space - UKCPS

da_rule

The only way to tell is to check your agreement. If it gives you a right to use a space then there's your answer. Often with leasehold properties the parking will be communal (i.e. Ownership is retained by the freeholder) but this can be assigned either by reserving specific spaces for specific flats or just on a 'residents only' basis.

ChrisParking

The the only mention of parking in my agreement is to park in my space with permit. All the parking spaces are assigned to flats apart from a couple of visitor spots.

da_rule

There could be an argument regarding whether 'with a permit' means the permit must be displayed. Your best best it to leave it as it is. The no genuine pre-estimate of loss will win the day.

The_Deep

In your agreement there should be a copy of the covenants with which your landlord is required to comply. If there is not ask the landlord for a copy of his lease. If there is no mention in it of parking permits then, despite what the rental agreement may say, the PPC may be compromising your "quiet enjoyment" of your property and/or committing trespass.

da_rule

The Deep - read post 13 "the only mention of parking in my agreement is to park in my space with a permit"

The_Deep

Indeed. However, if you read my post again you will see that I mentioned covenants in the landlord's lease, not the OP's rental agreement.

da_rule

Why would the landlord have a lease? In 99% of cases the landlord owns the property freehold.

tykesi

Normally yes but as this is an apartment building I think the assumption is that somebody owns the property leasehold and is then renting to the OP. Therefore the owner (landlord) would check their lease for the relevant covenants.

da_rule

Yeah I saw that as soon as I posted. My mistake. How long the OP wants to take making these enquiries depends how long POPLA appeal has left before it's deadline.

The_Deep

Why would the landlord have a lease? In 99% of cases the landlord owns the property freehold.

No, most flats in this country are leasehold.

I own a flat in a bloc, which I sublease to a tenant, I am an underlease holder. In 99 years or so my flat will revert to the landlord, Prudential, they hold the Headlease.

The covenants in my lease bind me, and all my tenants, to comply. If my lease says that I need a permit to park, then so do my tenants. If it does not then OP may not need one either.