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

Chippyshell

Hi All, 

I have finally had an update from the management company this is the response they provided.

We have now had a chance to review your Lease and can respond as follows:

Within the definitions we can see that the parking area falls into “Communal Areas and Facilities”.  “Parking Area” allows for both allocated and unallocated parking spaces. In schedule 1 (The Property) there is no mention of any allocated parking area.  The passage you quote below does not mention an allocated parking spot: -

“6. PARKING: 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 are marked with a 'U' on the plan subject to regulations."

There is an obligation to comply with regulations provided only any changes are notified in writing (Schedule 4 paragraph 15) Which a management company can change at any time (Schedule 8 paragraph 60)  Regulation 18 restricts parking allowing only parking in allocated spaces (forming part of the property) and those described above. 

The plan shows where parking has been allocated, which appears to relate only to the houses. In short, you do not have an allocated parking spot and the management company are entitled to enforce the parking regulations provided only they let the tenants know in writing. The parking scheme was put in place by the developer and the Developer should have advised you in writing about the scheme during the purchase process of your property.

We will be writing to all Lessees as a reminder that there is a parking scheme in place at XXXXX and to confirm you must all abide by the rules set out upon the posters displayed around the car parks in order to park within the bays.

There are a few things in here id like to point out:

The parking scheme was put in place by the developer and the Developer should have advised you in writing about the scheme during the purchase process of your property. - We Purchased on 15th December, 19th December we received a letter that PCM is operating in the area. 

6. PARKING: 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 are marked with a 'U' on the plan subject to regulations. - One of the current parking spaces that are assigned to my flat is marked as U on the plan and we were sold that as OUR space. 

I'm going to try and get a copy of my lease in a digital format to allow anyone here to have a read if it makes things easier.  

Snakes_Belly

When you bought the property there would have been a covenant in the conveyance paperwork. It may be an idea to take a look at that.

Chippyshell

Snakes_Belly said:

When you bought the property there would have been a covenant in the conveyance paperwork. It may be an idea to take a look at that.

Thanks, i will have a look through it now 

Chippyshell

Just an update on this

I received a letter today from a debt agency called Trace Debt Recovery UK Limited for the amount of £160 - This is for 1 ticket, although I have another 2 that should be coming through the post as I've refused to pay them. I did use the template when disputing

Coupon-mad

Lovely!  Pointless debt demands time, with multiple false costs added.

i want to see a clearer copy of the Trace letter chain as I have a complaint in with the BPA and the IPC about them misleading people with their letters, the next one of which pretends they can conduct litigation and have passed it to a LEGAL DEPARTMENT that they don't have.

Can you show all the letters you get, please?  Cover your name and address.

Chippyshell

Coupon-mad said:

Lovely!  Pointless debt demands time, with multiple false costs added.

i want to see a clearer copy of the Trace letter chain as I have a complaint in with the BPA and the IPC about them misleading people with their letters, the next one of which pretends they can conduct litigation and have passed it to a LEGAL DEPARTMENT that they don't have.

Can you show all the letters you get, please?  Cover your name and address.

No worries, check DM - Ill keep a collection and send them to you as and when they arrive.

D_P_Dance

 for the amount of £160 -

Read this, read the newbies, and complain to your MP.

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because this. Read this and complain to your MP.

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

Johnersh

One of the current parking spaces that are assigned to my flat is marked as U on the plan and we were sold that as OUR space. 

One of you is wrong - and if it was the conveyencing solicitor that advised you incorrectly, there may be a claim against them if you'd not have bought the property without a designated space.  That would be a claim in negligence which ain't a small claims matter and which would yield damages greater than a parking ticket. 

Chippyshell

Johnersh said:

One of the current parking spaces that are assigned to my flat is marked as U on the plan and we were sold that as OUR space. 

One of you is wrong - and if it was the conveyencing solicitor that advised you incorrectly, there may be a claim against them if you'd not have bought the property without a designated space.  That would be a claim in negligence which ain't a small claims matter and which would yield damages greater than a parking ticket. 

This was our first time buying a property and it was a new build,  we used the builders recommended solicitors which in  hein sight is a conflict of interest. 

We was told at point of reservation that we would have 1 allocated parking space and the rest is free for all, this is where us gets complicated because it’s essentially my word against theirs. Also at the time of completion the parking company was not in place till a week later. 

Our solicitor never really did go through our lease agreement with us and never discussed anything regarding the charges and or anything parking related, again we should have questioned it at the time. 

The chances are our space is not allocated and we have been miss lead through us being young and naive

I’ll still be fighting it though because I’m a right stubborn !!!!!!       

Johnersh

I don't care who recommended the lawyer, their duty is to you as the client. If they've failed to advise on a material fact or, worse, got it wrong, they've failed you - that's negligence.