Parking Notice by PCM for Not Displaying Permit

Coupon-mad

Can't see a working link - what's the postcode? And which Council?

If you know her tenancy agreement is with the Council, dig it out and you will see what can be relied upon in a defence when PCM sue, because they will. Glad you are up for the fight. show us the excerpts from the tenancy agreement which talk about a right to pass and re-pass (or park) a vehicle. And/or wording about her right to peaceful enjoyment of the property, etc.

Half_way

Is this the place, under the steel archway marked Residents parking?
https://www.google.co.uk/maps/@51.5053117,-0.2719998,3a,41.4y,218.51h,82.03t/data=!3m6!1e1!3m4!1sZwRFr9QeosktgWDOMZlkEA!2e0!7i13312!8i6656?hl=en


Looking round the area there appears to be some council parking, controlled parking zone K and under the arches its PCM territory.

Its highly unlikely that PCM will own the car park, they are just agents, acting for and on behalf of someone or something.

As C-M says you need to dig out the tenancy agreement, there may/will probably be a management company hiding away somewhere, is there a residents association/committee? who/what pays for the upkeep/maintenance of the site/common areas?

nigelbb

PCM don't own the car park. The council do & as such it is not relevant land as per POFA 2012 so there can never be keeper liability. If the tenancy agreement doesn't mention parking then PCM have no rights at all as they cannot impose any contract or conditions where the tenant already has the right to park.

swindon87

nigelbb wrote: »

PCM don't own the car park. The council do & as such it is not relevant land as per POFA 2012 so there can never be keeper liability. If the tenancy agreement doesn't mention parking then PCM have no rights at all as they cannot impose any contract or conditions where the tenant already has the right to park.

Thank you.

C-M said up above that PCM don't work for councils. Is there anyway to find out who owns the car park?

So if the tenancy agreement doesn't mention parking does my mother still have a right to park there without a permit? I believed if a company takes over and manages a car park then you have to abide by there rules. Because at the end of the day it means the car is only for the use of residents and visitors, which is in our favour.

Redx

swindon87 wrote: »

Thank you.

C-M said up above that PCM don't work for councils. Is there anyway to find out who owns the car park?

The Land Registry

costs a small fee to find out

or ask the council , they should tell you if they own it

the question is , does the landholder have an agreement with this PPC ?

if yes , then under what right have they done so ?

if not, then who has signed the PPC contract ?

swindon87

Half_way wrote: »

Is this the place, under the steel archway marked Residents parking?
https://www.google.co.uk/maps/@51.5053117,-0.2719998,3a,41.4y,218.51h,82.03t/data=!3m6!1e1!3m4!1sZwRFr9QeosktgWDOMZlkEA!2e0!7i13312!8i6656?hl=en


Looking round the area there appears to be some council parking, controlled parking zone K and under the arches its PCM territory.

Its highly unlikely that PCM will own the car park, they are just agents, acting for and on behalf of someone or something.

As C-M says you need to dig out the tenancy agreement, there may/will probably be a management company hiding away somewhere, is there a residents association/committee? who/what pays for the upkeep/maintenance of the site/common areas?

Thank you.

Yes, the car park is under the steel arched marked Residents Parking.

Would my mother be able to request an original copy of her tenancy agreement? As she's lives here for over two decades so the original agreement would probably be difficult to find.

I am worried that they may not have the original tenancy agreement and may draft a new one. Are they able to change a tenancy agreement of an ongoing contract?

The car park parked Zone K is where my mother used to park use to be free for everyone to park. Then a few years ago the council changed it to permit holders only and residents have to pay a yearly charge to park there. But residents who want to park in the PCM managed car park can obtain a free permit.

There is indeed a residents association, who handle queries about the regeneration of the site, as the council have contracted the site to housing association to demolish and rebuild all the houses/flats. My mother pays service charge towards the maintenance and upkeep of the site which is taken care of by the council.

swindon87

Hi,

I can't seem to find the tenancy agreement and my mother is worrying about them taking her car away. I don't think they can do this but this is what she was told my the council's caretaker.

Should I still wait till 21 days to send a letter from the keeper to PCM?

Coupon-mad

my mother is worrying about them taking her car away. I don't think they can do this but this is what she was told my the council's caretaker.

Private clamping and towing was made a criminal offence in 2012. Whether the land is owned by a Housing Association/Council or not, the PCN was issued as a parking charge (private) not a Council penalty so Council powers DO NOT apply.

Tell Mum - PCM CANNOT REMOVE HER CAR NOR CLAMP IT AS THAT'S A CRIMINAL OFFENCE. THEY WILL NOT, CANNOT AND NONE HAVE BEEN REPORTED SINCE THE LAW CHANGED AS IT IS VERY WELL KNOWN (AND PCM USED TO BE CLAMPERS AND THEY CERTAINLY KNOW THEY FACE A FINE OR PRISON IF THEY DID THAT!).

Should I still wait till 21 days to send a letter from the keeper to PCM?

I would do it sooner and give your Mum's name as keeper but if it were me I'd give YOUR home address so all letters go to you including any threatograms. Sounds like Mum won't cope with demands for money.

Half_way

my mother is worrying about them taking her car away.

These are the steps that will have to take place for your mother to have her car taken away/the bailiffs round

1: the parking company will have to issue court papers, in most cases this will be via money claim online/Northampton bulk handling centre, you will ahve the option to change the court to your local court

2: the Court case is lost/won by the PPC and a default judgement is obtained as a result of the court papers being ignored, or the case being poorly defended ( search own space to see just how hard it is for the PPC to win)

3: The registered keeper does not pay the court fee/sum in 28 days, even if a case is lost the fee demanded in most cases is not much more than the fee due following a court loss, and even with a loss it can be appealed

4: An unpaid CCJ is recorded against the regsitered keeper

5: if the sum owed on the CCJ is worth the effort, and in most single parking cases it inst, bailiffs can then come a knocking.
the standard thing to happen at this stage is the unfortunate victim of the PPC will discover that they cant apply for a mortgage/loan/phone contract as they will fail a credit check.

As you can see, there are a lot of steps in the way of someone taking her car away.

As for the tenancy agreement, it would be advisable to seek a copy of this/replacement as it could be useful for far more things other than pakring