Landowner Responsibility / Parking Company

Jenni_D

It's actually 1 and 2 we need to see, not any emails/letters referring to them.

Tron103

Ooops sorry! 1 is VERY long. Is there a recommended way of uploading it that makes life easier for those giving advice?

To @Trainerman point. The lease doesn't explicitly state that the space belongs to the property but it does include an illustrations that outlines the property contained within the lease (e.g. the flat within the block of flats) and on that page it clearly outlines the parking space where the car was parked. In my view, this would be confirmation of ownership? 

Trainerman

I am not legally trained, but it would certainly seem as if that space is included in the lease. Also, there seems no requirement to display a permit in a) the lease b) any communication from the Landlord.

It also seems that the PPC are claiming the Landlord can require you to adhere to any terms, yet appears to be relying on what the management agents say. Are they the Landlord .... or is someone else ?

In any event, you do not have any written requirement from the Landlord (do you ??) In which case I think you are in a strong position but the PPC will try to convince you otherwise.

Tron103

No, there is no written confirmation from the Landlord. There was also no ballot when imposing the introduction in Permits. The Management Company simply acted and issued permits to leaseholders (not to tenants who are required to apply for a permit despite the leaseholder / tenancy agreement not outlining this need). 

There response is so convincing and authoritative that it's really thrown me. I felt extremely confident in my case but for the first time I feel quite nervous and am tempted to pay. If it was only one PCN I probably would but given it's three separate PCNs over a period of 10 days at a fee of £420 I just can't bring myself to do it. It feels so utterly wrong that this could be considered reasonable.  

Jenni_D

In that case any deemed contract with the PPC is unlawful, as their introduction hasn't complied with the Landlord and Tenants Act. (The term about "comply with all reasonable regulations which the Landlord may from time to time make and publish in respect of the use of the car parking spaces within the parking area" doesn't allow a third party to interfere with your right to peaceful enjoyment of your property, as the introduction of the PPC could not be deemed "reasonable" if the act of doing so derogates from rights already granted to you).

Coupon-mad

It's really not convincing at all.  They always say this about 'reasonable regulations' and still 99% lose.

Should I just give up and pay?

Certainly not.

The response seems very thorough.

It doesn't.

Trainerman

Looking/sounding authoritative is how they scam people. It is an intimidation tactic.

Look at the facts. This is what will concern a court, not some letter saying "we know everything, so be afraid"

Half_way

Do Not ignore Beavis, if it gets trotted out when it doesn't apply use  the fact that they have quoted / mentioned Beavis against the parking company to show that they are being unreasonable and using false evidence  and deception as a means to get you to pay them money that they are not entitled to.

Tron103

Okay. Thank you everyone for your clear and concise answer. I think I'm going to follow this through to the end. It does p*ss me off that I'm having to invest so much time. I wish I could charge them my hourly rate and damages for the time I've had to commit and will have to commit. 

I will likely come back in the not so distant future with a request for court guidance but you have reassured me enough that I should absolutely not give in to these guys. 

Also, in my MPs defence, he was brilliant and submitted several letters fighting my corner. It made zero difference but I have to say I appreciated his efforts. 

Again - a huge thank you to everyone who has taken the time to reply. My anxiety was through the roof yesterday so I really do appreciate it. 

Umkomaas

Also, in my MPs defence, he was brilliant and submitted several letters fighting my corner. It made zero difference but I have to say I appreciated his efforts. 

Not necessarily any real harm done there as your MP will be pretty miffed about their obstinacy. Parliament is heavily invested in bringing the private parking sector under heavy regulation. Your MP will no doubt have a long memory!