Period of validity

Missaver

Back page of NTK relating to parking outside block :

Missaver

https://ibb.co/dBLEGp
https://ibb.co/cef399

Coupon-mad

So you bought a permit and the transaction did not mention £100 parking charge.

And the PCM letter talking about the regime starting in 2011 talks about 'if you contravene the restrictions the vehicle will be 'enforced'. It does not explain what that means but in 2011, PCM were wheel clampers.

The 2011 letter does not warn of any risk of paying a parking charge, or any penalty at all, and mentions no sums of money (not even a clamp release fee as applied in 2011) except a tenner to replace a lost permit. And it does not state that this is a contractual agreement, it doesn't look as if you signed anything, and it does not mention additional terms on signage.

So signs with 'new' (post POFA) terms about a £100 PCN cannot be later bolted onto the 2011 permit scheme that was set up as an excuse to wheel clamp cars.

What are the dates on the NTK please, all of them?

Missaver

Thanks.

Dates on this 'NTK' (Postal Notification of Parking Charge) - never physically received or made aware of are :

Date PCN issued : 28/07/2018
Date of posting of this notice : 01/08/2018
Date this notice is given : 03/08/2018

1st paragraph 'registered keeper of the vehicle on 28/07/2018'

2nd paragraph 'above incident took place in the PCM managed parking area : xxx on 28/07/2018'

Missaver

Apologies for late reply.
You asked for copy of the lease - I have parts of it, uploaded in following links, does this suffice? Thanks,

https://ibb.co/cMYwGz
https://ibb.co/fgCZ3e
https://ibb.co/mkPQ9K
https://ibb.co/nwh1ie
https://ibb.co/fjNOwz

Eljayjay2 wrote: »

Yes, you do need to read more about leasehold flats.


What should give you some insight is post #28 on Duns89's thread. Although the witness statement there was not written with your case in mind, it airs the principles and issues which apply.


There is a possibility that the driver may have breached the lease's terms by parking where he/she did, but the proper remedy for that is a matter between the leaseholder and the other party or parties to the lease. It does not mean that a stranger to the lease (like the parking operator) can charge an arbitrary amount as a parking charge.


Get the leaseholder to post a copy of the lease in its entirety here (after redacting any personal data).

[Deleted User]

Sadly, the answer is "no".


I think that you have missed some bits specifically about parking. In addition, there will be other bits which will be of relevance to parking but not obviously so.


What I really need you to do is scan the lease in its entirety as a pdf document. If you can get that done, I shall gladly search for the relevant bits for you.

Missaver

Thank you CM, for the warning. Is there anything else I should do now for you regulars to advise on? The DVLA response to my email didn't seem adequate, the Sar to PPC for parking to unload (no signs outside re restricted parking) was made but it wasn't POFA compliant. Do nothing until next communication from them? I have only made 1 online appeal to PPC for the non windscreen Ticket in own bay, awaiting ntk now.

Coupon-mad

the Sar to PPC for parking to unload (no signs outside re restricted parking) was made but it wasn't POFA compliant.

I don't follow that sentence, sorry.

Have you opted out of the parking scheme so your bay is PPC free in future?

Missaver

The non compliance was as mentioned in one of your replies on page 2 of this thread. I haven't yet asked to opt out the parking bay yet, will be doing that soon.

Missaver

Quick update - I have received nothing further yet relating to the 2 PCNs I have - Windscreen PCN for one for parking in own bay without permit showing on in windscreen, NTK and no windscreen PCN for parking outside block for moving in/unloading activity.

I have now gone through the lease and here are the info previously requested relating to :
Parking / vehicles
Rights of way
Right to peaceful enjoyment
Contracts (Rights of Third Parties) Act 1999

Car Park means the undercover parking areas including (but not exclusively) :
a. Any access ramp and security facility of whatsoever nature co-extensive therewith
b. All of the floor surface and foundations thereunder
c. All utilities by which the said underground parking draws direct benefit together with all fire protection systems and plant of whatsoever description
Common Parts
1. All parts of the building and of the Estate which at any time during the Term do not form part of the Premises or the Car Park or any Apartments or other premises on the Estate let or intended to be let to any other tenant of the Landlord including without limitation :
All entranceways, hallways, balcolines, terraces, passageways, staircases, lifts, toilets, kitchens, refuse areas, roads and footpaths and all parking, service access and landscaped areas, all boundary structures and all Pipes other than those demised to the Tenant or demised or intended to be demised to any other tenant in the Building
to the extent that they exist at any time during the Term.
Parking Space
Means the car parking space shown shaded on the Plan or such alternative space within the Car Park as may be nominated by the Landlord. (the bay is shown shaded on the Plan with the Lease)
Tenant’s Covenants section
User (only the relevant points are listed here)
1. Not to do anything which may become or cause a nuisance, annoyance, disturbance, inconvenience injury or damage to the Landlord or the Owner of the Building, Estate or neighbouring or adjoining property
2. To comply with all restrictions, convenants, stipulations and other matters of any nature affecting the Premises
3. Not to permit the loading and unloading and of parking of vehicles belonging to the Tenant its servants agents or visitors outside the curtilage of the Estate save where permitted by law
Car Park
In connection with the use of the Car Park :
1. Not to litter or leave rubbish on it
2. Not to use it so as to be or become a nuisance, annoyance, disturbance, inconvenience, injury or damage to the Landlord or any other user
3. Not to obstruct any access or manoeuvring area
4. To comply with and ensure that the owners and drivers of all private motor vehicles using the Car Park under its authority, comply with all reasonable regulations made by the Landlord at any time for their running or management

Owner’s Covenants section
Quiet Enjoyment
That the Tenant, may, so long as it pays the rent reserved by and complies with its obligations under this Lease, peaceably and quietly hold and enjoy the Premises during the Term without any unlawful interruption by the Landlord or any person rightfully claiming through under or in trust for it.
Enforcement
If required by the Tenant and at the expense of the Tenant and against a suitable indemnity for costs to enforce the covenants on the part of the tenants contained in the Underleases of other Apartments and of other Premises on the Building

Provisos section
Implied easements
Section 62 of the Law of Property Act 1925 is excluded from this Lease so that the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant shall not be deemed to have acquired or be entitled to and the Tenant shall not during the Term acquire or become entitled to (save on behalf of the Landlord against third parties) by any means any easement or advantage of any sort in respect of or affecting the Building, the Estate, or any other neighbouring or adjoining property.

Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this Lease has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Lease but this does not affect any right or remedy of a third party which exists or is available apart from that Act

The Regulations Section
One paragraph states : Not to park any vehicle on the Common Parts save as permitted in Schedule 2 so as to cause obstruction annoyance nuisance or inconvenience to the occupiers of the remainder of the Estate and not to park any vehicle on the Common Parts overnight or wash, repair any vehicle on the common parts.

I have uploaded photos of part of the Schedule 2 of the Lease to the following links :

https://ibb.co/eShZqf
https://ibb.co/fm9Eqf
https://ibb.co/c8k4qf
https://ibb.co/fL2630
https://ibb.co/inUKO0

Your advice appreciated again. thanks,