Management agent appointing PPC to patrol in garage area

cybervic

I’d like to seek some advice on whether private parking company have right to operate in our premises please. 

I am a leaseholder in a block of 30 flats. There are 20 garages and 2 visitor parking spaces in our premises. Few days ago, signs of parking enforcement to patrol the garage area suddenly appeared in and around the premises. Residents and leaseholders have not been informed about this. Management agent has yet to get back to us to confirm if they have engaged the service of PPC. 

Here is a photo of the sign.

https://ibb.co/hMGzn7D 

Our lease doesn't mention anything about the provision and usage of visitor parking spaces. It says the lessee must not park in front of garages, driveway and forecourt, nor parked in any manner that'd cause obstruction and annoyance.  However, the residents have accepted (at least since 1995) that the end-corner garage users (5 of them) can park in front of their garage as these space are against the wall and don’t obstruct anyone at all, more importantly it frees up the very limited street parking space for other cars too. In the last 15 years, we also tolerate tradesman and short term visitor park outside visitor spaces so long their contact/flat number is displayed. This system has worked pretty well in general because the block has large owner residents percentage, and residents are generally quite friendly with each other.

There has been some selfish parking recently from few newcomers (tenants). This is perhaps why our management agent is appointing a PPC to sort out the rogue parkers. 

 It seems our lease allows the addition of new regulation, as per lease stated: 

“The lessor has right to make other rules and regulations from time to time (either in addition to or by way of variation of or substitution for the rules and regulations in the First Schedule or any of them) as the Lessor may deem necessary or expedient for the management care and cleanliness of the Buildings and for securing the safety comfort and convenience of all the occupiers of and visitors to the Buildings and such other rules and regulations shall be deemed to be incorporated in the First Schedule." 

My questions are:

1. Can PPC legally enforce parking rules on vehicle parked on 

     a. designated visitor parking spaces 

     b. in front of garages or other area in our premises

    2. Can residents opt out or refuse the patrol scheme on any of the following grounds:

    a. There’s no mention of penalty charge and/or payment to third party (ie PPC) , and parking permit in our lease

    b. The lease doesn't not mention any restriction on how visiting parking space should be used

    c. Parking in all other area but visitor spaces is considered trespassing and PPC does not have any power to deal with trespassing.

    d. the sign says that PPC will collect our vehicle data, and we have right to refuse such practice

Are there are any other valid reason we can use to get rid of the PPC?

Fruitcake

Look at Paragraph 37 of the Landlord and Tenant Act 1987. This details the requirements of a ballot that must take place before any variation to your lease. Fire this back to the MA/HA and ask when (not if) this ballot took place and did the result comply with the number of votes in favour and the number of dissenters according to the strict requirements of the Act.

Get all the residents on board and kick up a stink.

Fruitcake

Yer Tis.

The Act
Landlord and Tenant Act 1987 (legislation.gov.uk)

Section 37 of the Act
Landlord and Tenant Act 1987 (legislation.gov.uk)

(5)Any such application shall only be made if—

(a)in a case where the application is in respect of less than nine leases, all, or all but one, of the parties concerned consent to it; or

(b)in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent. of the total number of the parties concerned and at least 75 per cent. of that number consent to it.

Each tenant forms one party, as does (each) landlord.

I suggest a leaflet drop and tenants meeting/Zoom meeting, or socially distanced meeting in the affected area.

The sign is awful, the £100 charge being in small print. Prohibiting a visitor from returning within 48 hours appears to be an unreasonable contract term and therefore breaches the Consumer Rights Act 2015.

You don't want care workers or delivery drivers refusing to visit because they will get a £100 charge each time.

OPS often operate around the Brighton area. One of the regulars here called Coupon-mad, thrashed them in court, beating a barrister in the process.

You must get this lot kicked out. You should also ask to see a copy of the alleged contract between the landowner and the scammers that has taken away your existing rights to park. Your lease has primacy of contract over anything an unregulated scammer that was never a party to your lease has to say.

I wouldn't advocate criminal damage, but if I lived there I would remove the signs and store them safely so the scammers could collect them at my convenience. I would tell them what I had done so I could not be accused of theft or vandalism.

Failing that, bags and cable ties or rope could be used to keep the signs warm in winter, with time stamped photos taken to show they were not there/visible.

Other ideas and opinions are available.

A word of warning. You might find that one of the residents is in on the scam and will be the one taking pics of cars, then firing them off to the scammers to receive a payment of each one in return. 

If this is not the case, you will be getting regular visits from a parking weasel. Make sure they are in uniform and carrying OPS ID, and take pictures of them if they are not.

Coupon-mad

YOU DO NOT WANT ONE PARKING SOLUTION ANYWHERE NEAR YOUR CARS.   

Stop this right now, if you are a leaseholder of a flat (Or are you a tenant, renting from a private landlord leaseholder?).  Get a Whatsapp Group going with neighbours and get it stopped, like this case:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1

Read ALL of that thread and get the leaseholders to stop this RIGHT NOW.

D_P_Dance

Read this

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

and complain to your MP.

cybervic

Thank you all. I'm a leaseholder. I've written an short email to MA this morning expressing my objection quoting sec37 of L&T Act and I've share this perspective to other leaseholders too. Many of them don't like the idea of PPC  but few leaseholders are not convinced we have a case because MA is ultimately just enforcing the term of our lease and some of them think we need to get a solicitor's opinion. I would appreciate some advice how to convince them. 

I've read the link about the similar case and I've dug out the term in our lease regarding parking:

- "No vehicle belonging to the Lessee or to any member of the Lessee’s family or to persons visiting the Lessee at the Flat or to any other persons shall be parked upon the paths forecourts or driveways or any part of the Buildings in such a manner as to cause obstruction or nuisance to the Lessees or occupiers of other flats or to the lessees or users of the garages or car parking spaces which comprise part of the Buildings and the said paths forecourts and driveways shall not under any circumstance be used as an overnight parking place or as a substitute for a garage nor shall the washing or repairing of any motor vehicle be carried out on the said forecourts paths and driveways or upon any other part of the Buildings"

- "Not to obstruct the common entranceways forecourts paths and driveways leading to the Garage nor to leave the doors of the Garage open or unsecured and not to park any motor vehicle outside the Garage or on any of the driveways paths or forecourts leaving thereto"

I am now drafting a letter for leasehold to sign toghter. Is the ground of not conforming to Sec37 L&T act enough? 

cybervic

I've also dug out terms containing the words “quiet”, “peace”, “enjoy”, or “easement.” (some of it is not so easy to read .) Would appreciate some help deciding if any of those terms is relevant at all.

1 "THE Lessor hereby further covenants with the Lessee that the lessee paying the rent hereby reserve and observing and performing all the covenants and conditions herein contained and on the part of the Lessee to be observed and performed shall and may peaceably and quietly posses and enjoy the Premises during the said term without any lawful interruption or disturbance by the Lessor or any person or persons claiming under or in trust for the Lessor"

2 "Not to use any part of the Buildings in such manner as to cause annoyance nuisance injury damage or disturbance to the Lessor or the Lessees or occupiers of other parts of the Buildings or the owners or occupiers of any nearby or adjacent property nor to damage any trees plants or shrubs therein but to use the same subject to such reasonable Rules and Regulations for the common enjoyment thereof as the Lessor may from time to time prescribe"

3 "Not to permit the sounding of motor booster or klaxons in or about the Buildings nor to do anything to permit or suffer anything to be done in or about the garage which shall in any way cause or tend to cause annoyance injury damage inconvenience or disturbance to the Lessor the owners or occupiers of the Buildings or the owners or occupiers of any adjoining or adjacent premises and in particular not to use the garage forecourt in such manner as to impede or interfere with the use and enjoyment thereof by lessees of other garages"

4 "THE Lessee hereby covenants with the Lessor: From time to time and at all times during the term to pay and discharge all rates taxes duties charges easements and outgoings whatsoever (whether parliamentary parochial local or of any other description) which are now or may hereafter be assessed charged or imposed upon or payable in respect of the Premises or the owner or occupier thereof"

5. "The right of subjacent and lateral support of the Premises and to shelter and protection from those parts of the Buildings not hereby demised and from the site thereof together with all other rights and easements or quasi-rights and quasi-easement enjoyed by the Premises at the date hereof over under or in respect of any other part of the Buildings including rights for the Lessee with servants workmen and others at all reasonable times on giving reasonable notice (except in emergency) of access to and entry upon adjoining or adjacent flats or garages in the part of the Buildings in which the Premises and situated for the purpose of performing any obligation of the Lessee under the covenants on the part of the Lessee contained in the Lease (where such access and entry shall be necessary for the performance of such obligation) the Lessee or other the person or persons exercising such rights doing thereby as little damage as possible to the adjoining or adjacent flat or flats or other the part of parts of the Buildings so entered upon and forthwith making good or making full compensation for any damage done"

Fruitcake

I doubt a solicitor would know as much about this unregulated scam as the regulars here do, and you will do in very short order.

The lease is quite clear. It tells residents where they can and can't park, and what they can and can't do with their cars.

It does not mention a parking scheme, permits, unregulated parking scammers, parking charges issued to residents, paying parking scammers, or court claims.
It is silent on all aspects of a parking scheme by unregulated scammers. By allowing/employing unregulated scammers to breach your existing rights, the MA have become jointly liable for the actions of the scammers, and therefore liable to any claim or counterclaim against them for breaching your existing rights, including breaches of the DPA/GDPR.

You already have a right to park. Neither the MA/HA can vary, amend, or remove that existing right without a ballot with a majority result in favour, without exceeding the maximum number of votes against as laid down by the L & T Act.

Whilst getting residents to sign a group letter, numerous individual letters will have more effect. You might want to consider producing a template letter asking people to sign it and return it to you so you can hand them all in, or for the individual residents to return themselves.
The template should state that each resident opts out of any parking scheme imposed without a ballot in accordance with the  L & T Act, and removes any implied right of access to their demised space and/or vehicle. Leaving a PCN on a car will then become a matter of trespass.

Residents and the MA alike need to understand how bad it will get once any fly-parkers have been driven out, and the scammers descend on residents because it will be the only way they can continue to make money.
I suggest you ask the MA for the contact who will be attending court on each occasion should claims be made against residents, and/or suggest they seek legal advice, pointing out the adverse affects of them getting a CCJ should the residents prevail in court. 
I'm sure you can find suitable wording to that effect on this forum. 

BrownTrout

Coupon-mad said:

YOU DO NOT WANT ONE PARKING SOLUTION ANYWHERE NEAR YOUR CARS.   

Stop this right now, if you are a leaseholder of a flat (Or are you a tenant, renting from a private landlord leaseholder?).  Get a Whatsapp Group going with neighbours and get it stopped, like this case:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1

Read ALL of that thread and get the leaseholders to stop this RIGHT NOW.

indeed you dont want this lot any where near you!

nosferatu1001

As above
Nothing requires you to enter a contract with a third party in order to park
Nor to pay them if they decide you havent parked in a way they like. 

D_P_Dance

few leaseholders are not convinced we have a case because MA is ultimately just enforcing the term of our lease and some of them think we need to get a solicitor's opinion.

I very much doubt if your lease permits third parties to harass leaseholder, to put in steps which will deter decent prospective tenants, and lower resale values, read this

https://forums.moneysavingexpert.com/discussion/5927955/my-management-company-wants-to-bring-in-cpm/p1

Have you complained to your MP?