PCM company introduced

Rapacji

Hi everyone,
I am new to this forum and wanted to ask for your help. I have read what seems to be hundreds of forums to see if I could find some help for my problems but I apologise if there was some information I may have missed!

I have this current issue at the minute.

I rent in a flat located in a four block flat which is gated. There are six parking spaces and every flat has one legal parking space assigned to them. Two of the flats are owned and two are rented, but it is a leasehold (I do hope I'm using the right terminology). We have a managing agency allocated to us too.

When we rented the flat, it was advertised as ample parking, and when we enquired further, our letting agency said we had two allocated car spaces. When signing the contract, we saw that it said one space and asked. We got told that the people living here have been doing so for a long time and that everyone gets along and uses the ample space to park eight cars (because you can easily fit eight cars as it is a very large space).

When moving in, one of our neighbours who owns one of the flats complained that we had two cars (they have one) as they said that the two middle spaces should be allocated for visitors. We said that we have two cars, that's why we had chosen this property, and that if they ever have visitors to let us know and they could park in front of our cars (which wouldn't restrict entry or exit) or under our window. They weren't happy with this. The flat above us, who also own two cars, had been parking their two cars since they moved in 10 years ago. We got new neighbours above who also have two cars and have also been parking with no issues.

No one has ever had any issues getting in or out or parking anywhere, and no one has had issues when they have had visitors.

These complaining neighbours once showed us hundreds of emails they had with the managing agency complaining about parking and too many people having cars (along a million other things they were complaining about). To this date, no one has ever parked in their space.

We got a letter a few months ago reminding us not to park in the middle spaces as these were visitors spaces (not sign posted) by the managing agents. We contacted our lettings agency to ask if this would be an issue and they told us not to worry that they could never enforce anything. The neighbours above us consulted with us and responded to the managing agency asking what constituted permanent parking in visitor bays, as we are very often out.

They corresponded and insisted that three flats had no issues with parking (out of four) and that we were willing to move and allow spaces for visitors to park when needed. They never responded to this email.

A few weeks later (yesterday) we saw that they had put three PCM signs up and that we got a letter through the door. Our landlord was apparently unaware of this. The owners above were unaware. So were the people renting the other flat and their landlord.

Three flats (the majority) are extremely worried and upset by this. PCM is a complete scam of a company, it lowers property value, and it has even got people thinking about selling their cars. Our landlord apparently wants to refuse, but the signs are already up and no one was ever consulted. The email was never responded to by them before enforcing this.

It will begin to be enforced on May 22nd and fines will work with referrals and pictures. These old neighbours are here every day and will be taking pictures every time they see a car they don't know.

There is no on street parking and all three flats need the cars to get to and from work.

Can we do anything about it? Is it even possible to put a stop to it? Or is it a lost cause?

I understand that, from a legal standpoint, our contract says one car space. In our defense, we looked at about 20 flats and this one was the only one that promised us two spaces, even if it was above our budget. I know that you shouldn't rely on spoken word but j was made to believe that this was a tight group of laid back individuals who wanted to get along. This is true, with the exception of this old couple.

Any help would be greatly appreciated!

Coupon-mad

Oh God that it terrible for you, and if you cannot stop this now, you are going to have to give notice and leave this flat (I am not joking, you seem to realise how bad this is).

The complaining neighbour is the one who has 'achieved' this scam imposed on you all. The MA must have decided to do this without consultation and they CANNOT do this.

So, I say get strength in numbers and ALL of you except the complaining neighbour (but including the landlords of the tenanted flats) need to all sign ONE letter telling your MA that this is a derogation from grant, a private nuisance to try to impose (Watchdog-outed as rogue traders a few years back) PCM on you all and you ALL refuse to accept the scheme, or any parking firm as the industry is rogue.

Not only that, you will all sue the MA if they continue, for breaching your leasehold and tenancy agreement rights to peaceful enjoyment and for failing to undertake a consultation under the Landlord & Tenant Act.

Tell them that the Freehold landowner/Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to s37 of the Landlord & Tenant Act 1987.

They don't and will NEVER get that consensus so none of you accept the permit scheme and you are all perfectly happy with the unfettered parking arrangements which cannot be wrecked by one person who shouted loudest who seems to have a personal crusade.

Finish by giving them seven days to confirm that PCM have been removed and the scheme stopped before it started or the leaseholders WILL all sue, and you suggest the MA reads Roger Davey v UKPC as an example of a parking firm interfering with a leaseholder's existing rights and easements.

You are going to have to act quickly - try adding everyone to a Whatsapp group and appointing a time this coming weekend for an emergency meeting for everyone to sign the letter we can help you prepare.

Half_way

AS above, also make sure that you have the required documentation in place leashold agreement, and anything else that relates to the parking space(s) also see if you have anything relating to the two spaces written down anywhere.


At some point you may be issued with a parking permit, you should reject this, and if posted inform the management company you reject the permit, as imposing an un regulated parking company is unreasonable.
If its been posted to you tell them to povide a stamped addressed envelop to return it.
do not under any circumstances sign anything to say you have received it/agree to the terms, and do not even think of paying for any permits

NeilCr

If it's under nine leases then all but one must agree to the change

https://www.tanfieldchambers.co.uk/2014/01/10/variation-of-leases-under-the-landlord-tenant-act-1987/

Please don't just take the word of a letting agent. We've had to complain to two of our letting agents about what they have told tenants about the availability of parking here.

Can I just check that the PCM signs cover all the spaces? Not just the two "visitor" ones.

Who owns the freehold of the block?

Rapacji

Thank you all for your replies. I will be drafting a document for leaseholders to sign. I am hoping the others see the urgency in doing so as quickly as possible. Landlords are not always the easiest to track down quickly!

The signs are one three walls, they say you need a valid resident permit to be in a "marked bay" and that you need 24 hour scratch cards (purchasable for 10 for £10 with £2 postage) in "marked visitor bays". There are no marked visitor bays.

They also stated clearly when we rang that they were given instructions that flats are only allowed one resident permit for parking each.

I need to read the documents and links you've all provided. In terms of them changing the lease, how would we argue that they have done that? Hope that is not a silly question.

Thanks for all your help, and any other suggestions are really welcome!

Coupon-mad

If you can't get them all, get over half of them to sign and reference that the others will send a similar letter asap - and there is no way the MA has complied with the L&T act and MUST stop enforcement before it starts, and remove PCM as the contract is unlawful.

In terms of them changing the lease, how would we argue that they have done that?

Get your landlord or another leaseholder to look at their lease tomorrow and find every word about parking, and every word about 'quiet or peaceful enjoyment' and anything that says something about the Rights of Third Parties.

Show us those words, exact words.

NeilCr

To be honest, you really do need to get the leaseholders engaged in this.

Who did PCM get their instructions from?

And, again, who owns the freehold of the block?

Umkomaas

These complaining neighbours once showed us hundreds of emails they had with the managing agency complaining about parking and too many people having cars (along a million other things they were complaining about).

Serial moaners, don’t you just love them.

I bet they are, at this moment, searching Amazon for a cheap digital camera for their clandestine Norris Cole snap n’ trap.

Rapacji

Thank you both. That's really helpful. I will ask the neighbours above to look at their leases and will report back.

PCM got their instructions from the managing agency. Would they have had to sign some contract with them?

The freeholder owner, I believe, is one individual. We have not had contact with him but I can try and find out more about him.

Coupon-mad

PCM got their instructions from the managing agency. Would they have had to sign some contract with them?

Yes but that's the MA's problem as long as they do NOT pass on any losses/costs to the leaseholders when they cancel it.

You (in fact the leaseholders, who have the real clout) need to put a bomb under them to CALL A HALT. It is VERY urgent to sort this out this week so the signed letter is on the MA's desk after the Bank Holiday, first thing Tuesday, IMHO.

NeilCr

When we (as resident freeholders) were looking at a PPC it was my understanding that it was us who was going to sign the contract. But, it does seem from here that it is often the MA as well

Really, the MA should take instructions from the freeholder - it would be they who employ them. Our MA wouldn't do anything like this without our agreement.

I cannot emphasise enough what C-M said about getting the leaseholders involved. It is they who will have the relationship with the freeholder and - to an extent - the MA. I'd be engaging with the freeholder as well as the MA, myself.