PCM parking charge notice at my own residential car parking space

slapPCM

I am back! Took a while I know...

No major update. PCM had a chase letter stating I have another 14 days to pay, but obviously I am not going to. So I am waiting for the debt collector's letter now.

So I have finally come up with an email to the Managing Agent. I just realised Cm already structured me one so I only did some small changes. I wonder if anyone could help me have a look before I send it? Many thanks!

Dear Sir/madam,

I hope this email finds you well. I am the owner of flat XXX.

I am writing to let you know that I wish to be opt out of the parking scheme. I received a parking ticket while parking on my own underground parking bay. This is outrageous.

I checked my lease (quoted at the end of the email) in which there is no mention about the aggressive ex clamper, PCM. If the lease has been varied, I would like to see the consensus you obntained under the L&T Act to vary the leases. If there is no such a consensus or consultation undertaken at all, I am entitled to rely upon the primacy of the lease terms, which grant an unfettered right to park in the Car Parking Space XXX on the Basement Plan.

As such, I hereby

1) ask the managing agents to tell PCM to cancel PCN number XXXXXXXX which was issued improperly against a resident with primacy of contract, and

2) opt out of the parking scheme, that I never accepted, and I ask that the Managing Agents immediately inform PCM of the fact that this space is exempted from any permit scheme until further notice by the resident.

I look forward to your reply.

Best Regards,
XXXXXX XXXXXX

"SCHEDULE 2
RIGHTS GRANTED TO THE TENANT

8. The right (subject to observance of the regulations set out in Schedule Five as applicable) to use the Car Parking Space edged green on the Basement Plan (if any) for the parking of one private motor vehicle only Together With the right to pass and repass at all times with a vehicle or on foot (as appropriate) over and along the Estate Maintained Property as shall provide access and egress in respect of the Car Parking Space.

SCHEDULE 5
STIPULATIONS AND RESTRICTIONS

10. Each Car Parking Space (if applicable) shall be used only for the parking of one private motor cat in a good and roadworthy condition with a current MOT Certificate (where required) and bearing a valid vehicle excise licence and shall not be used for the purpose of any trade manufacture or business of any description and for the avoidance of doubt no vans commercial vehicles boats caravans or any similar items may be parked in the parking spaces and motor vehicles shall not be parked elsewhere than on parking spaces so designated and no mechanical work may be carried out to any motor vehicle parked on the Car Parking Spaces."

Note (restating, probably don't matter at all):
1. The XXXXXXX parts are personal details.
2. I own the flat I live in, but not the parking space. We 'rent' it, but as the lease shows there is no mention of PCM or any parking rule.
3. Everyone's parking space is labelled with alphabet, e.g. Q.

Many thanks for your help!

slapPCM

Believe or not, I was put down by the thought of having to structure such an email only just realised that Cm already structured me one.... orz

and thanks KeithP

slapPCM

bump :T sorry i just try to bump this once

KeithP

If C-m wrote it then it is good enough to send.

I am not going to look for any changes you may have made.
You can take responsibility for those changes.

Le_Kirk

I wouldn't be so polite, it is a business matter, not something between friends so leave out the bit about "finds you well."

I am writing to let you know that I wish to be opt out of the parking scheme.

Better as: -

I am writing to let you know that I wish to [STRIKE]be [/STRIKE]opt out of the parking scheme.

Received a parking ticket while parked IN my own bay.
Consensus you OBTAINED and I would specifically ask about there being 75% in agreement and no more than 10% against.
I think it is primacy of contract that the lease grants but if C-M wrote EXACTLY the words you have used, then so be it.

Umkomaas

I wouldn't be so polite, it is a business matter, not something between friends so leave out the bit about "finds you well."

And I'd leave out the 'Best Regards' as well.

Business letters - 'Dear Sir(s)/Yours faithfully', or 'Dear Mr/Mrs/Miss/Ms xxx/Yours sincerely'.

slapPCM

Thank you, KeithP, Le-Kirk, and Umkomaas.

Letter sent to the managing agent. Will report back how it goes!

slapPCM

This is not an exact update, and maybe considered as space wasting. I cannot restrain myself from posting this, as what happened was quite upsetting!

This morning I found an empty parking ticket bag stuck on the front window of my car. I think the guy initially put a ticket but then he saw the 'parking permit' on my front seat. Yes, I parked in my own underground resident parking bay.

Ha. It felt like big brother is watching you all the time! How those guys are always around is beyond me...

KeithP

slapPCM wrote: »

How those guys are always around is beyond me...

It's one of your neighbours.

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.