PCN from UK CPM for parking in own resident's space

Coupon-mad

Way more than 75% have signed and agreed to the system, as they are displaying their permits.

Wrong - see NeilCr's reply. They have not voted at all, they have no idea about it and are just displaying permits in a sheep-like fashion, because someone told them to.

Is it possible for a landlord to make changes to a contract/tenancy agreement without notifying the tenant or obtaining consent from them?

Yes it's possible because they just do it! We see residential cases like this all the time.

Is it supported by a legal basis that allows a MA to make such onerous changes?
No - unless all the leases positively allow such power - but the leaseholders (not tenants) are the ones who should have been given the opportunity to vote under the L&T Act.

Is it possible for a landlord to make changes to a contract/tenancy agreement without a clause saying that the contract can be amended?

We would argue, based on contract law, no. Extra terms, obligations and charges can't be bolted on after concluding the contract (signing the tenancy).

zeelias

So what would be the best thing to do at this stage? Send a letter of complaint to the landlord (who is also managing the property) and encourage them to write to UK CPM to get the PCN cancelled? In summary, i've already appealed to UK CPM and don't feel a subsequent IAS appeal is worthwhile, from what I've read on these forums.

Coupon-mad

So what would be the best thing to do at this stage? Send a letter of complaint to the landlord (who is also managing the property) and encourage them to write to UK CPM to get the PCN cancelled?

Yes, and if that doesn't work, defend the damn thing in court.

Sorry to say - YOU NEED TO MOVE. You moved to an unsuitable flat.

I would NEVER have even viewed it as soon as I knew a PPC was on site but that's because I know how hounded residents are and what greedy bullying scammers these ex-clamper firms are.

First thing I told my (newish driving) student kids when they've viewed London flats was to check for a PPC scammer and give those flats a swerve, completely.

zeelias

I think the landlord changing things in the contract without a clause giving them the freedom to this - especially without consent - superseded any semantics about the property definition. This was a large bone of contention. But regardless, as others have mentioned, they already went in breach of the 'granting me enjoyment without any disturbance' clause. AND they introduced a system for parking that failed to achieve the very thing it set out to do in preserving parking for its residents but rather fined them.

Fortunately, the landlord/management company saw the logic and reason pointed out in my letter of complaint, also outlined above and have contacted the PPC and the tickets have been removed! Thank you for your guidance and help with all this - it's proved very useful and a success. Much appreciated.

I'd love to move out but I'm restricted by finances. And provided my permit is showing, I should be fine. I'll be sure to write on here if I'm not!

Coupon-mad

Glad to hear the Landlord/Managing Agent complaint worked! :T