Leaseholder, trying to opt out of a Parking control scheme?

ESNUK

My leasehold flat comes with a designated numbered parking spot as per the lease. The carpark is behind an electric gate and monitored by cctv. Our of 10 flats, only 5-6 have a car. There are also 2 visitor spots and 3 management spots. The only time I have known parking issues was when the electric gate was broken for several months and before the CCTV.
The managing agent has a contract with a parking control company who issue permits and have placed signs around the carpark. The sign nearest my bay is partially hidden by bushes.

I have recently fallen foul to this company and been issued with a PCN for £60-£100. I have appealed on the basis that my car, registered to my property was parked with the allocated bay for my property. The permit was displayed in the window when I left the car, but during the hot weather the newly purchased holder unstuck and fell down onto the passengers footwell, but was visible, face-up. I appealed to the parking control company, they rejected the appeal. I then appealed to the management company of the property as I really don't want anything to do with the parking company in the future. They replied:

Please note that we don’t have much interference as we don’t pay them for their services. They make money from Parking tickets. They provided permits & terms and condition directly to occupiers.

I asked them if I can be exempted from the parking scheme as I cannot see any mention of such scheme in my lease about adherence to such scheme being required to park in the bay designated to me. The property management company then replied:

I can understand your opinion. Please note that we have many complaints that people are misusing parking spaces that is why we started the services of Parking company. If all or majority of Landlords/Occupiers are agree that they don’t need parking control then we will cancel the services. If you alone want to cancel, then you can’t do it.

It is nothing to do with Lease. It is rules & regulation implemented by Management.

I find this reply contradictory that the property management company can claim to not have much interference with the parking control company while then saying that this matter has nothing to do with my lease and are based on rules and regulation implemented by the management company?

Is it unreasonable to either expect a the parking control company to operate a whitelist for residents cars or to be able to be exempted from the scheme altogether given there's no mention of such conditions in the lease? Has anyone tried this?

Brie

But they are imposing something on you that is not outlined in your lease.  And the management seems to think that you have agreed a contract with the parking control co.  They can't have it both ways.

And yes there's been others on here that have mentioned having a list of "exempted" cars (for lack of a better term) being provided in similar circumstances.

Jenni_D

Exempted vehicles - otherwise known as a White List.

Ask the management company to state when the lease terms variation was proposed and voted on by the leaseholders, and the result of that vote. (This is a requirement of the Landlord and Tenant Act 1987 - failure to conduct such a vote, and the results in favour meeting the requirements, means that the PCNs have no foundation in law - a third party cannot engage you in a contract to provide something to which you already hold an entitlement).

Umkomaas

👆 Stellar advice.  That will spear the MA. 👆