PCN - Owned (leasehold) residential parking space

Stereo6225

Background

1. Lived in property since it was built, 2011.
2. Owned property since Feb 2020, parents owned it previously.
3. I have had this same car parked in this space since 2018.
4. Parking "enforcement" started around 2015.
5. My oldest outstanding (i.e. non-cancelled) PCN: 2017.
6. I have had a few since then, including the one in 2017 for which the letters just petered out and no action was taken.
7. Previously to 2017 I successfully appealed to the managament company (MC) to get the PCN canncelled due my being a resident.
8. From 2017 onward the MC started refusing to get involved.
9. From 2017 onwards I have therefore just been ingnoring them.
10. The reasons for the PCNs are me forgetting to put the permit back in the window after it being temporarily removed.
11. I show the permit in good faith so as not to cause issues. I am no aggressive or combative.
12. I am a "director" for the complexes management company which I think, contracts the "real" MC, the relationships are murky. Which means the MC asks my yes or no for some things. But it appears I have no power to compel them to fire the parking company. It is a strange, almost ceremonial, position.   
13. The parking company also harrass/charge tradesmen when they park their vans "incorrectly" while doing work for residents.

The lease

1. I have attached a redacted version of the lease here: (I am not allowed to post links yet, I guess they can be PM'd if anybody wishes)
   
2. I have extracted what I think are the relevant clauses in relation to the demised property and the tennants rights to parking (Highlighted). (dropbox link on demand
   
3. Both the appartment plot & parking space are included in the defintion of the "property".
4. The diagram defining the proporly limits highlight both the appartment plot and the parking space.
5. It is listed as "*address* and parking space" in the land registry office.
6. Section 3.1.2.4 (dropbox link available) seems to be the clause that allows the MC to add regulations. For "Managment Land" and "General convenience of the other owners". But if there are any other relevant clauses anyones, I would appreciate that.
7. The Seventh Scheule, Paragraph 9 (dropbox link available) also may give the MC the ability to add some kind of regulations. But is possibily weaker.

This PCN

1. The company is "Parking Control Management (UK) Ltd" Shortend to "PCM".
2. Initially a window ticket on 25/07/2022, Discarded (I know, I know).
3. Notice to keeper recieved 30/08/2022.
4. Charge of £100.
5. No contact with PCM, as with all others since 2017, I haven't bothered.
6. Debt recovery letters from "Trace Debt Recovery", most recent dated 09/01/2023.
7. Charge now £170.
8. Most recent letter states they have instructed to prepare my case for the solicitor. They also talk about evidence they have collected, however am not sure what extra evidence a debt recovery company can collect.
9. No letters from solicitor yet.

I am aware that the final leter from the debt recovery company is still only a "threat" until I get anything official, however I want to try and get out ahead of this a bit.
I have always been opposed to the parking arrangement, early on I tried to ask the MC to have my car whitelisted as I am a resident and suggested a system where if a resident/owner says that a charge was made in error, it is canceled. However they refused.

I have always only has casual correspondence with the MC representative for this property and I am wondering if now is a good time to send a more strongly worded complaint to both the MC & the Landowner in a similar vein to this: https://forums.moneysavingexpert.com/discussion/5588292/cpm-penalty-ticket-assistance-required and or escalate to LBC.
Ideally I want this PCN, and any others the company has for me, cancelled and to compel them to do something to fix the situation.

Create a whitelist for residents and/or a system where charges are automatically cancelled if the owner of the space informs the company that the car has permission to park.

Though, I am aware how much of a long shot that probably is.

Thank you for reading, and I appreciate any help or advice you can give.

I will update this thread if I get any further correspondence in regards to this.       

Galloglass

. But it appears I have no power to compel them to fire the parking company. It is a strange, almost ceremonial, position.  

You are "in the shoes of" the Freeholder whose only duty is to enforce the terms of the lease. So the RTM company of which you are a Director cannot compel what you call the "real MC" to do anything other than follow the terms of the lease. So read the lease and see if there is a requirement for "good order" or something like that.

As you are a Director, ask the "real MC" to point out in the lease the terms or covenants they are using to bring in the PPC. They may throw the issue over to a property lawyer to answer and those costs will be recoverable from the leaseholders - but some of the leaseholders may want to know and will support the cost.

Stereo6225

What does "good order" define in this instance?

There is a quiet enjoyment requirement under the "Covenants on the part of the Landlord", where they "Allow the Tennant to hold nd enjoy the property throughout the Term without any interuption from the Landlord" As the MC is not named there & there is no quiet enjoyment in the "Management Company Covenants", does that mean the MC can "interupt me"?

Stereo6225

As you are a Director, ask the "real MC" to point out in the lease the terms or covenants they are using to bring in the PPC. They may throw the issue over to a property lawyer to answer and those costs will be recoverable from the leaseholders - but some of the leaseholders may want to know and will support the cost.

I will ask that, and post the reply when I get it

Coupon-mad

Here's a good thread about leaseholders kicking out PCM and what to say about derogation from grant:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p3

Stereo6225

I got an "interesting" response.

This was a decision made by the Residents Management Company Directors before I was involved with the development years ago.

Do you have an issue with it? As a Director you do have the option to stop this but I do not think I would recommend this as it could become a free for all.

This was made before I was a director. Interesting that he says I do have the option to cancel it.

Coupon-mad: I have drafted a far more casual response here:

I understand the deterant that the parking scheme has. However, we have a serious issue with oversight.

The parking company, PCN, does not act in good faith nor with any discretion, and requires oversight.
As the residents management company, we should be able to have charges which have been made in error, cancelled, e.g. A charge to resident or authorised person in their own space even without a "permit".
The purpose of the parking scheme is to deter unauthorised people parking in owned bays. Not to harrass & frankly extort residents and their guests.

To this end, at the very least there needs to be a way to cancel charges given to residents & or people whom they have authorised to park in their space.
But even better would be an update to the seriously antiquated paper permit system, which only serves as a way make it that bit easier to "fall foul" of PCN's "contract".
It is 2023, authorised vehicles should be on an electronic whitelist, with the paper permits used as temporary measure for visitors in visitor/casual use bays.
Any visitors parking in a resident's bay, who recieves a charge, should have it cancelled at the resident's request.
 
Furthermore, the lease, for my property at least, defines my parking space as part of the property, and gives full rights to use it to park motor vehicles (which are in a road worthy condition).
There are no further restrictions and definitely not a term which says a leaseholder has to display a permit or they will be charged an extra £100, per incident, on top of their ground rent.
It could be argued that doing so infringes on the quiet enjoyment of their property, which the lease also extends the leaseholder.
Having to display a permit, less they get charged, is an inpairment on their use of their property.

The lease does grant the management company some room to add regulations, however the term used is "General convenience of the other owners".
Getting charged £100 for not displaying a permit while parking in your owned space could be argued as not being "convenient".

If PCN already accept cancellations on behalf of residents, then that is good, but it hasn't seemed that way in the past.
If however they refuse to co-operate, I suggest we find a company that will act in good faith when doing the job for which they are contracted.

I am bringing this up for two reasons,
First, is a follow up from one my previous emails where I reported that a PCN representative was harassing a trademan, yet another example of their not acting in good faith, nor with discretion.
Second, they are threatening to take me to court for parking my car which I have owned and had parked in my owned space for about 5 years now.
In the short term, that needs to be stopped. I however, do not want or demand special treatment; all residents should be able to request an incorect charge be cancelled.   

   However first I will ask if I do actaully have the option to cancel PCN's before sending that or an adaption of the more strongly worded letter in your link.

Coupon-mad

How about showing that to PCM (to prove you have clout to end the contract) and tell them you will cancel the contract if they fail to cancel every PCN on their system against your car.

Use it as leverage and be very robust in your words.

Then, once you have it in writing that all your PCNs are cancelled, then go ahead and cancel the entire contract. Immediately if that is possible.  If not, give notice.

It will not become a free for all.  Do it.

Mouse007

  Love it, please do as CM suggests

Galloglass

What do the Articles of Association say about Directors scope to change contracts/cancel contracts?

PPC do take RTM’s to court. There was one on Friday

If there has been a previous decision, then there should be a minute of it on file. Get a copy and it should show the basis of the decision; whether a consultation was needed; if no consultation was needed due to the lease or covenants terms; the length of the contract agreed with the PPC; and whether there was a break clause.

At all times, as a Director, you'll need to have the leaseholders' and freeholder's interest in mind as set down in the lease.

Check you have Director's insurance if you want to go off-piste.

Stereo6225

Coupon-mad said:

How about showing that to PCM (to prove you have clout to end the contract) and tell them you will cancel the contract if they fail to cancel every PCN on their system against your car.

Use it as leverage and be very robust in your words.

Then, once you have it in writing that all your PCNs are cancelled, then go ahead and cancel the entire contract. Immediately if that is possible.  If not, give notice.

It will not become a free for all.  Do it.

Can you give a short example of what you mean by robust? I am not that good at being forceful or "robust" in my language usually.

Stereo6225

Galloglass said:

What do the Articles of Association say about Directors scope to change contracts/cancel contracts?

PPC do take RTM’s to court. There was one on Friday

If there has been a previous decision, then there should be a minute of it on file. Get a copy and it should show the basis of the decision; whether a consultation was needed; if no consultation was needed due to the lease or covenants terms; the length of the contract agreed with the PPC; and whether there was a break clause.

At all times, as a Director, you'll need to have the leaseholders' and freeholder's interest in mind as set down in the lease.

Check you have Director's insurance if you want to go off-piste.

I will definitely make sure that we won't end up in breach of any contract. I have a feeling it is a zero payment contact, i.e. the PPC gets all its income from charges, hence why they love to give them out. But I will check all those details.