PCN - parking in my own space

Fruitcake

By displaying a permit you could be seen as accepting the permit scheme. Assuming your lease/AST makes no mention of parking permits, or that a third party (PPC) can charge you for not displaying said permit, you can tell the MA and PPC that you were only displaying it as a curtesy to help the scammers, even though there is no such requirement to do so in your lease/AST.
If this is the case, I would suggest you now tell them that you will no longer display a permit as they have abused your curtesy, and your rights to peaceful enjoyment. You should also tell the scammers and the MA that you withdraw any and all implied right of access to your demised parking space. Further issuing of tickets to any vehicle in your own space will be considered as trespass, and harassment.

However, as Username has said, you need to bottom out the issue of what your lease says about the parking space and permit schemes.

This is what judges have said previously about own space tickets.

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

nasescoba1985

Well if own and have paid for my property then the parking space comes with that. The parking management company can’t just come in and take this space off me can they ? I will double check my lease but as this is my own allocated space , the parking company has no right to ticket me.

pappa_golf

and indeed the scammers have contacted the DVLA for a name and address for the keeper of the vehicle, they now KNOW the KEEPER lives at the address,

therefore the VRN should now be on a whitelist , as they have official conformation from the DVLA

nasescoba1985

@ fruit cake, don’t worry in my case letter to IAS and the company, I have stated exactly what you said already. I said I obliged by the rules out of courtesy despite them not having the right to implement this scheme. I have quoted my lease and the laws in regards to this, I.E , altering the primacy of contract which is illegal on their part. I have also clearly stated that they should take my registration off their system and if they continue to harass me, I’ll be taking further action. Don’t worry, my letter was pretty precise and clear in my actions.

System

I will double check my lease but as this is my own allocated space , the parking company has no right to ticket me.

Please do as it will be enlightening. What you are looking for is whether the space is shown in the title.

There are two cases you can read about that show the difference between an owned parking space and one that is allocated.

Link Parking v Parkinson where the Parkinsons had title and Link v Blaney where the Blaneys didn't. Both were the same Overstone development in Cardiff. What turned the second case in favour of the parking company was a small phrase in a 30 page lease that said the "landlord is entitled from time to time may introduce regulations with regards to the proper management of the location".

If you don't own the space, the landlord (Freeholder/Managing Agent) may have that right to introduce regulations.

nasescoba1985

Lovely thank you. I’ll also have a word with the chairman of our residents association who has a bit more knowledge of the lease etc.

harz99

Surely as a leaseholder the OP does not actually own the property, and whomsoever owns the freehold does in fact own the property. The same will be the case for any allocated parking space (s).


Very careful reading and understanding of the Lease and associated documents is required, as IAM said "I'm not clear on this "my space" issue. Is the parking space demised and shown as part of your overall ownership. Or is the space part of the Freehold and given to you on an exclusive basis as long as you meet the covenants in your lease.

Get your lease and site plan out and check."


Be that as it may, the OP would do well to heed and follow the ongoing advise on here from CouponMad especially, and stop going off thinking he/she knows better as in the IAS appeal which was against advice given.

nosferatu1001

Harz - the leaseholder has exclusive use, normally. If you lease a house, the freeholder cant wander in and out as they wish.

System

the leaseholder has exclusive use

Subject to any restrictions/covenants in the lease. Restrictions can also be at odds with a lease if they are positive or negative.

Not as simple as some may give the impression. Down to the wording of the lease and the status of the land.

nasescoba1985

I have bought the property so I own the property and apartment in question. The “free holder” certainly doesn’t own my property so I’m not to sure where you are going with this. Like someone said, the free holder can’t just come into my property as he pleases and he certainly can’t change my parking space. As for the ISA issue, I just felt I have nothing to lose and I have proved that the odd person can win when appealing via the ISA, however rare it is. If I don’t win and I expect now to, then I’ll just go down the court route: I don’t see what the problem is?