I’m getting parking tickets In my own parking spot

Marm

First of all, thank you for all the hard work you put in helping clueless people like me. I have read through the sticky posts but I can’t really find my particular case, maybe I’m bad at searching

To summarize:

- I own a parking space in the underground parking of my building that’s under the same lease of my flat in the same building.
- My lease makes no mention whatsoever in regards to a parking scheme, just the usual “not to use it other than to park a roadworthy motor car or motorcycle”, “not to carry out repairs” and “not to store petrol”
- PCM UK showed up one day in July and started hanging their famous parking restricted poster boards
- On the same day, they hand dropped on my letter box a parking permit for my specific parking bay (apparently they filmed this, says my MA, see later)
- The landlord and/or the MA never got in touch with me in regards to any changes of this nature
- I refuse and believe I am within my right not to stick any permits to my car because it identifies where my car is parked most of the time
- I got a first parking ticket that was never left on my car therefore a letter that states my charge has gone up?
- the letter was sent to me through the DVLA handing over details of me as the registered owner of the car
- Both the addresses given by MA/Landlord to identify my parking bay and given by DVLA to identify me as the car owner are the same (surprised not a single check was made!)
- the same day I got the letter, I received another another parking ticket, this time I got it on my car

That’s life almost until now :beer:

I came here and read through as much information as I could and got a couple of things clear (I believe):

- the landlord/MA are enablers of this
- I should appeal to PCM

I phoned the MA: “we are sorry, nothing we can do, it’s just unfortunate, it’s not trespassing, we don’t have to get in touch with you, the lease allows changes form time to time, they have video evidence of delivering the permit”

My appeal is going to be under the following grounds

- I do not recognize the legitimacy of PCM since it’s not contained in my lease, has never been discussed implementation with MA/Landlord and I have never been consulted about its implementation by anyone
- a PCM employee stepped on my property without my consent and even though the lease just talks about having to give 24 hr notice to enter my flat, I’d love to understand how the sqft paid for as parking runs under different conditions when it comes to unauthorized access to my property that’s affecting my right to live in peace
- I’d like to receive a copy of the contract between PCM and MA. I have a suspicion the MA is potentially making money out of this hence their answer and will like to go after them if so
- to, under GDPR, disclose what information they hold about myself and how it was obtained, if they are data processors or data controllers, to exercise my right to be forgotten and to explicitly request my data not to be passed along. A copy to be sent to the DPO from PCM and also the DPO at DVLA and open a case with the ICO for the data breach. All this because of me complying to what’s stated in my lease not giving them any permission to investigate about myself but also since they are unable to process data accordingly, both postal addresses are the same.

Same communication as a FYI will be sent to the DPO/legal department of the MA and the landlord

What do you experts think? Anything extra you need to give me much appreciated advice I will provide.

Thank you for reading me, I promise to get this until the very end and serve as an example to other

Redx

The DVLA gave out details about the registered keeper , not the owner , there is no owner database

Read the Johnnersh Defence about own space issues , plus read a score of more own space court case threads on here , so you understand all the arguments plus the roles of an MA and lease contracts etc

Especially read completed court case threads similar to your own

Coupon-mad

- PCM UK showed up one day in July and started hanging their famous parking restricted poster boards

You should get together with other residents and write a letter like this:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced

You could have got rid of them before they even started. Do it now, with the help of other leaseholders. Tell everyone that PCM are ex-clampers, who were exposed by Watchdog as rogue traders a couple of years ago:

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html

None of you want or need the likes of PCM near your cars.

Marm

Thank you both for your comments. I have a question about the public consultation and gathering all the neighbours, why can’t I go on my own about this and need the rest of the neighbours?

NeilCr

Marm wrote: »

Thank you both for your comments. I have a question about the public consultation and gathering all the neighbours, why can’t I go on my own about this and need the rest of the neighbours?

One reason will be that the more there are of you the more likely you'll get heard.

In general, freeholders, Mancos don't bring in PPCs for the sake of it. It's usually on the back of complaints from someone so you might find some of your neighbours have a different view than you. MAs act on instruction from freeholder/ManCo, I know you think they might be on the take (and I can't say it doesn't happen) but I'd think it unlikely

I'd ask the MA what, exactly, in the lease allows them to ticket your car on your own land. Some leases do have catch alls - for example "the freeholder may bring in such regulations as are necessary to ensure the smooth running of the estate blah blah blah"

The_Deep

Read this

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

If the space is part of your demised property they are probably trespassing, read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

While the leases may allow changes they have to benefit the residents. The presence of these companies on site lower rentals and depress resale values. Read this.

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

Half_way

the freeholder may bring in such regulations as are necessary to ensure the smooth running of the estate blah blah blah"

Which is why its important that you mke it known that its completly unreasonable ( amongst many other reasons) to bring in an unregulated company which makes the rules up as it goes

Marm

Thank you all for your answers.

I am currently asking the MC to provide me with a copy of the contract they entered with PCM. They have already claimed, in written, that they take no commercial benefit from the PCM relationship. Why wouldn't they want me to have a copy of the contract? Am I entitled to one if I request it? (If so, is there anywhere law that backs up my request?)

nosferatu1001

Youre not entitled to one as you dont have a direct contract with the MC, at a guess.

Tell them you require them to prove they have the right to alter teh terms fo your lease, agreed with your landlord, when the MC is not a party to the lease.

You may need your land lord on side, so you can see THEIR lease, as no doubt it is THAT lease that theyre talking about.

Marm

Thank you for your comment. I’m the leaseholder though.

Am I then entitled to see the agreement made between MC and PCM?

nosferatu1001

You stated in your first post the existence of a "Landlord"
SO youre the LONG LEASE holder? You own a 99+ year lease?

If so then you know what your lease states and whether they can vary it as they have suggested. Look for SOMETHING around "regulations" - thats usually the clause they will hold on to dearly.

If the MC is appointed by the freeholder then again you might not have any rights. You will have to review what your lease grants.