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PCM ticket -Please help, need advice whether to pay or challenge

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Comments

  • gcpal1
    gcpal1 Posts: 6 Forumite
    The only advertised restrictions are what is mentioned on the sign. I'm not trained in contract law or anything, but I'd be amazed if that sentence on the form that was signed to apply for a parking permit and their sign amounts to a variation on a property lease. Yeah I gather the MA was facing pressure about residents being unable to park and just found any old private parking firm and got them onboard. I'll take this up with my MA but I doubt they'll be very cooperative/willing to get involved.

    There are no allocated bays to a property. There are over 250 flats on the estate and probably space for 120ish vehicles. So getting a private firm in was never really going to solve the parking issue, only cause issues such as this one.
  • safarmuk
    safarmuk Posts: 648 Forumite
    The only advertised restrictions are what is mentioned on the sign. I'm not trained in contract law or anything, but I'd be amazed if that sentence on the form that was signed to apply for a parking permit and their sign amounts to a variation on a property lease.
    I would probably agree that when your partner signed it they thought they had no choice and did not think it was an alteration to your lease. However, don't be surprised - hence my comment - if this is quoted back to you at some point by either the PPC or the MA.

    Under agency law if the MA appointed the PPC then the MA is responsible and liable for the PPC as far as I am aware. As such you should pressurise the MA to take charge of this matter, the objective is to maximise the 120 spaces for residents by removing non-residents, not ticket residents themselves. In reality the MA should have no issue with safeguarding the residents, unfortunately a lot of MAs don't care or don't want to get involved - your job is to make them care.

    My advice is you will fare much better as a coordinated group than as a series of individuals. Why not set up a Facebook group "residents of XYZ", post flyers round the estate and see who joins, when they do you will have a forum to discuss joint concerns you can take forward as a group to the MA.
  • Coupon-mad
    Coupon-mad Posts: 160,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Read hairray's thread and copy & adapt the LBC to the Managing Agent. You should never have allowed this should have objected (the vote was clearly rigged though).

    Why would anyone agree to PCM being allowed near your cars? Tell your fellow residents. Look at the well-known Watchdog clip:

    https://forums.moneysavingexpert.com/discussion/comment/72558256#Comment_72558256

    Presumably you have now read 'NEWBIES PLEASE READ THESE FAQS FIRST' and know to challenge the 'PCN' and to always complain to the landowner (but in this case, you need to tell the Managing Agent that they are liable for derogation from grant, using the examples LBC in the thread by hairray. Easy to find, it was posted on this week.

    Attack. Of course no-one PAYS ex-clampers PCM. How dare the MA ride roughshod over your rights as a leasehold owner.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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