PCM Ticket x2 for parking in an allocated park space - Mortgage on the Flat

Chippyshell

Hi All, 

I have read the noobie thread, so I'm just waiting for the letter to the vehicle's keeper to use the template on the noobie thread. I do have a few questions as I cant find anything similar while searching, so sorry if I missed anything. 

I have a mortgage on a flat and we have 1 allocated parking space which is managed by PCM; I have had a fine from them previously which I got cancelled by contacting the management company and complaining, everyone got a lovely reminder letter to show parking passes at all times afterwards which made me laugh. Anyone, 2 weeks ago, I got another one because my pass had slipped down the dashboard. I disputed this one because the car make and model was wrong on the ticket (I own a Seat they put VW) still waiting to hear back from them about this one. 

I got another ticket today because they couldn't read the whole permit and could only see the top as once again it had slipped down my dash. I have had a look through my lease agreement, and it shows a diagram showing allocated parking and none allocated parking, it also states this "The right for the Tenant and its visitors to the Estate to use for the parking of one private vehicle at a time the unallocated parking spaces within the parking area marked a 'U' on the plan subject to regulations" The U on the plan is one allocated to myself. 

When we moved we were also given the pass for that space and was told "C" is allocated to my flat number. I'm going to wait for the letter to come through to the registered owner anyway, but what route should I take if the standard template does fail 

Many thanks 

Le_Kirk

Does your lease specifically state that you have to show a permit or pass?  If the parking company want you to display a permit at all times, they should provide one that cannot "slip down the dashboard".  Time for another complaint to the management company and ask them to point out in the lease where it states you have to show a permit - previous occasions when you have, you did only as a courtesy - and also ask them when the consultation took place amongst the residents/tenants/leaseholders pursuant to the Landlord & Tenant Act 1987 and when the vote took place and what was the outcome?  If there was no consultation as is normal and no vote (assuming the number of flats is enough to require consultation) then you tell them to remove the PPC from your flats and to cease and desist issuing PCNs

Chippyshell

Le_Kirk said:

Does your lease specifically state that you have to show a permit or pass?  If the parking company want you to display a permit at all times, they should provide one that cannot "slip down the dashboard".  Time for another complaint to the management company and ask them to point out in the lease where it states you have to show a permit - previous occasions when you have, you did only as a courtesy - and also ask them when the consultation took place amongst the residents/tenants/leaseholders pursuant to the Landlord & Tenant Act 1987 and when the vote took place and what was the outcome?  If there was no consultation as is normal and no vote (assuming the number of flats is enough to require consultation) then you tell them to remove the PPC from your flats and to cease and desist issuing PCNs

Thanks for your response, nothing on the lease about showing permits as far I can see only the above. It was introduced after they finished building and or last property was sold must have been 4/5weeks after I moved in. 

I shall get in contact with them tomorrow and let you know how I get on since they can be a pain to get hold off. 

Coupon-mad

I don't normally suggest waiting for a NTK. There is a tactic for appealing windscreen PCNs.

Chippyshell

Coupon-mad said:

I don't normally suggest waiting for a NTK. There is a tactic for appealing windscreen PCNs.

Hi, I should have clarified the company is (PARKING CONTROL MANAGEMENT UK LTD) and they are a IPC member. Sorry if I missed something  

D_P_Dance

Read thes and complain to your MP,

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

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

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

Coupon-mad

Chippyshell said:

Coupon-mad said:

I don't normally suggest waiting for a NTK. There is a tactic for appealing windscreen PCNs.

Hi, I should have clarified the company is (PARKING CONTROL MANAGEMENT UK LTD) and they are a IPC member. Sorry if I missed something  

I still wouldn’t wait. Do an appeal within the useless 21 days the PCN allows.

Chippyshell

Coupon-mad said:

Chippyshell said:

Coupon-mad said:

I don't normally suggest waiting for a NTK. There is a tactic for appealing windscreen PCNs.

Hi, I should have clarified the company is (PARKING CONTROL MANAGEMENT UK LTD) and they are a IPC member. Sorry if I missed something  

I still wouldn’t wait. Do an appeal within the useless 21 days the PCN allows.

Had the 1st response back from the first ticket - With the generic response and scare tactic of increasing the fee if I don't pay in soo many days, ill wait until the second rejection for the 2nd ticket. 

In the background of this, I have also dug up my lease contract which does state I have usage of the car park as marked on the drawing (the drawing shows my parking space) nothing is stated about showing permits however it does say "subject to regulations" I have written a formal letter to my management company questioning when the vote took place as per the Landlord & Tenant Act 1987 as another user suggested here. 

Half_way

And what regulations would those be? does it state anything?? does it mention the word "reasonable" of which imposing an unregulated parking company who then sub let your space out for £100 a day is hardly reasonable

D_P_Dance

If they have added an extra £60, the addition is almost certainly unlawful, read this

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

fisherjim

As Half_way says what "regulations" would they be referring to PPC's/management co's can not make up regulations only an authority can do that.