PCM parking charge notice at my own residential car parking space

nosferatu1001

Write back
In order for them to alter the terms of your lease, they need your agreement. Not a lack of disagreement
As such
Exempt my bay from the scheme, now. Your permission to enter my demised space is revoked, to you and your agents, and further tickets will be prime facie evidence of trespass to goods and property. This is your only notice, and your only warnign
Should you fail to remove this bay from your unauthorised parking regime I reserve the right to remedy this in court, including an injunction against you and your agents and damages for tortious interference with my lease, trespass, and harassment.

Coupon-mad

slapPCM wrote: »

Hey guys, I have updates.

The debt collector sent me 4 letters, I ignored them all.

The managing company of my building replied me regarding to my request to be opted out for the parking space agreement. below is their reply

"Thank you for your email regarding wishing to opt out of the parking scheme.

The site is patrolled as a whole and parking enforcement is valid on this development.

The directors of the development introduced parking enforcement on this site and all owners were written to regarding this, therefore we would be unable to exempt your bay as you have requested.

With regard to the PCN can you please advise why this was issued incorrectly so that this can be looked into further for you."

I wonder how I should reply them. Thanks for your input!

You need to first of all appeal to their better nature to get the PCN cancelled. Start off politely and thank them for offering to look into the possibility of cancelling this PCN.

Tell them that you have primacy of contract under your lease which grants unfettered rights of way and rights to park (does it? check first). And you have never agreed to a variation of the lease, pursuant to s37 of the Landlord & Tenant Act 1987. In order to establish a right to impose unilateral terms which vary the terms of the lease, such variation must have had prior approval by consensus of the residents, with at least 75% of the leaseholders agreeing an not more than 10% objecting. Ask to see the residential vote undertaken prior to the scheme commencing, and tell them they can't just impose parking charges and restrictions to parking rights, unilaterally by letter.



When replying to you I am assuming you OWN the flat, not rent it?

slapPCM

Thank you all for who replied me. Really appreciate the input and support!

Cm:

[STRIKE]One small question. What is s37?[/STRIKE]
I googled it, all good now. I will come up with a draft soon thanks.

And yes, I own the flat.