PCM UK Fine for parking in my allocated spot - is it enforceable?

RedundantSound

Hi,

I am hoping for some advice from people who know far more than I do!

I recently received a parking fine from PCM UK for parking in my own allocated parking space because I was not displaying the parking permit.
The ticket was issued against my VRM however the colour of the car was listed as black when that car is actually grey.

I contested the ticket, stating that the ticket was incorrect due to the error in colour and that the parking bay belongs to me as stated in my lease.
PCMUK rejected my appeal stating that although the colour was stated incorrectly, the VRM was true and as such the ticket is still valid.

In regards to the space belonging to me it states;

"Without concession, you have not provided any evidence of an unfettered right to park. It may very well be the case that you enjoy a contractual right to park as part of your tenancy, but without seeing the full documentation, it cannot be ascertained whether this right amounts to unrestricted permission. I would generally comment that most lease documents and tenancy agreements provide provisions whereby the resident authorises the management company to make decisions on behalf of and for the benefit of all residents. It is contended that the implementation of parking enforcement falls under this."

I have read through my lease and these appear to be the relevant sections.

Schedule Two: Demise

The Landlord lets with full title guarantee the Property to the Tenant for the Permitted Use for the term.

In regard to my allocated parking space;

Interpretations and Definitions

"Allocated Parking Space" - means the parking space numbered XXX and edged green on the Plan (if any) and being one of the Car Parking Spaces.

Sch 3: Tenant's covenants with the Landlord and the Management Company.
"17. By the way of indemnity only to observe and perform the covenant and stipulations which affect the estate as at the date of this lease or in any Easements or other consent given to or to be given to any of the Authorities for the provision of services benefitting the Estate so far as the same affect the Property and remain to be observed and performed and if breached by the Tenant to indemnify the Landlord in respect of all costs and expenses in respect of the enforcement thereof."

Sch 4: Tenant's covenants with the Management Company, the Landlord and other owners

"16. Not to park or permit to be parked any vehicles of any kind on any part of the Estate Communal Areas or the Car Parking Spaces other than on the Allocated Parking Space."

"17. Not to use the Allocated Parking Space otherwise than for the parking of a single private motor vehicle or motorcycle which does not exceed 35 cwt. gross laden weight and which shall be in a road worthy condition, taxed and insured."

Sch 7: Agreements and Declarations.
"10. Acting reasonably at all times the Management Company shall have authority to make and at any time vary such Estate Regulations as it may reasonably think fit for the preservation of the amenities of the estate or for the general convenience of the occupiers of the Dwellings PROVIDED such Estate Regulations are notified to the Tenant and other owners and the Landlord in writing."

Sch 9: Rights granted to the Tenant

"1. Full right and liberty for the Tenant and all persons authorised by him in common with others entitled to a like right at all times and for the all purposes connected with the use of the Property for the Permitted Use:..."

"5. Subject to the tenant paying the Part D Proportion of the Transferee's Proportion the right to park a single private motor vehicle on the Allocated Parking Space or such other space as may be allocated in place thereof by the Landlord for the parking of a primate motor vehicle or motorcycle which complies with the restrictions set out in paragraphs 17 and 18 of Schedule Four subject to any easement or rights granted or to be granted over or under the same to any Authority."

Of note, the visitor bays are updated electronically, whereas residents' bays stipulate the use of a permit. They obviously have a system to register your vehicle for your space online however choose to continue with the paper permits to capitalize on instances where the permit drops off or is forgotten.

Please could somebody advise if they believe that the ticket is enforceable and likely to be lost at court?

Thanks!

Mouse007

Your best starting point is here

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

The ticket IS NOT enforeable, but you will need to fight back and tell them to stop tresspassing on your land. Make sure you read to the end of the above blog.

Fruitcake

It is not a fine.

What happened when you complained to your landlord/the landowner/managing agent and your MP? That is always Plan A. Whoever employed the PPC is jointly liable for their actions.

Coupon-mad

"PROVIDED such Estate Regulations are notified to the Tenant and other owners and the Landlord in writing."

Obvious question: was it?

RedundantSound

Mouse007 said:

Your best starting point is here

The ticket IS NOT enforeable, but you will need to fight back and tell them to stop tresspassing on your land. Make sure you read to the end of the above blog.

Thanks, Mouse, I had done a fair amount of reading on this, including the page you linked, and was sure that it was not enforceable however wanted to make sure that I wasn't being naive and end up in a worse situation.

I did actually tell them to stop trespassing on my land, and they removed my bay from their system and will no longer be patrolled.

I also stated that any further attempts to contact me regarding this fine would amount to harassment. They have since sent another notice which I received today stating that the cost had increased as it had not been paid.

Is there any realistic action I can take regarding them contacting me after I explicitly told them not to?

Annoyingly I do not think I have a copy of the "letter" I sent to them as it was via their ticket system. Would this be retrievable by submitting a DPA to them?

Thanks

RedundantSound

Fruitcake said:

It is not a fine.

What happened when you complained to your landlord/the landowner/managing agent and your MP? That is always Plan A. Whoever employed the PPC is jointly liable for their actions.

I have not yet done this as feared I would make a fool out of myself, but will be doing so

Coupon-mad

Really?

Read the thread on page 2 right now, by 

_IH8_UKCPM_

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

Tell useless ex-clampers PCM to get stuffed.

RedundantSound

Coupon-mad said:

"PROVIDED such Estate Regulations are notified to the Tenant and other owners and the Landlord in writing."

Obvious question: was it?

Yes, they sent a letter to all residents and included the parking permits.

Coupon-mad

Why did the residents accept this being foisted on you all?  Certainly don't pay but this is no way to live.

Do you have an allocated bay, or shared parking?

Galloglass

I also stated that any further attempts to contact me regarding this fine would amount to harassment. They have since sent another notice which I received today stating that the cost had increased as it had not been paid.

It may be better to complain to the ICO about their accessing your details in the DVLA database. PCM are ex-clampers and are well used to ignoring threats especially ones with no teeth. Their business model relies on unfettered access to personal details and that is where any pressure should be brought.

Require them to remove your details from their database since they cannot prove you owe them anything. And keep copies of the correspondence.

Fruitcake

RedundantSound said:

Coupon-mad said:

"PROVIDED such Estate Regulations are notified to the Tenant and other owners and the Landlord in writing."

Obvious question: was it?

Yes, they sent a letter to all residents and included the parking permits.

Who are "they", the PPC or the landowner/landholder?