Own space parking charge notice, relevant TA details included.

Aether

Fantastic I have sent the report to HMRC and will contact the HA tomorrow further regarding this.

Aether

I have been in touch with the MPs office again, the HA and the developer.

The caseworker from the MP's office having been in touch has informed me that PCM UK are contracted out by the "Residents Management Company" who are party to the lease and are under the control of the developer of the properties, who own the land itself. I've asked for clarification but the way the email was worded I don't think this RMC he refers to is my HA. Unless terms are being mixed up I've had nothing to do with an RMC.

Due to the way the properties involved are laid out, I suspect this RMC belongs to a different set of private properties owned by the same developer in the same area. There is a possibility a decision made by the RMC has overreached into the property I lived at. Just a hypothesis but it would make sense with how my contact with the MP's office has gone.

Right now I just want to know who PCM UK are agents of, so I have asked the MP's office if they know and I have now contacted the developers directly to also get clarification on that, in addition to contacting to the HA to find out if PCM UK belongs to them.

I am still very confident my tenancy agreement takes primacy over any of this but depending on the exact context of what's happening I may need to review it against the Landlord and Tenant Act but I can't imagine the developer can just violate tenancy agreements by proxy like that. The only way I see that changing is if the developer never agreed to let the HA manage that space in the first place.

If the HA did give me permission to use a parking space they don't actually control/own/have authority over I imagine that could put us in an interesting place legally and them in hot water.

I will let you know if I get any new developments. Apologies for how convoluted this is becoming and let me know if you'd like anything clarified or want me to clarify anything with one of the contacts involved.

Aether

Okay so the MP's office have responded to me and according to their case notes and understanding, PCM UK are ultimately agents of the developer. The RMC mentioned is seperate from the HA and ultimately is also under the control of the developers, so the way I see it the responsibility ultimately lies with the developer.

I've contacted the developer and I am waiting for a response, if one is not timely I will follow up until I get one.

The MP's office also mentioned that the agreement PCM made was done before my HA acquired the building. Now this is curious because I distinctly remember no signs for several years since moving into this property so either porkies are being told or PCM were very late in putting up the signs. The HA had changed its name since I moved in but I doubt that has any bearing on things.

Regardless of when the agreement was made, I've still seen no evidence of a head lease or anything to contradict the rights outlined in my Tenancy Agreement and will be replying to the MPs office further to ask if its possible to get the date for when PCM made this agreement with the developer. The MPs office have advised they can't get involved legally so I imagine there will be a point soon where they will be less responsive.

Aether

I have now sent an email to my MP's office to ask about if they know/can find out when PCM UK and the developer/RMC made this agreement.

Further to what I've said above, what also doesn't add up is the lack of mention of a permit scheme etc. in the tenancy agreement if the scheme DID predate my housing association even before their name change. The fact an RMC also requested this makes it seem far more likely to me to be a (bad) decision made due to parking issues than somethng which predates my tenancy.

Even in the seemingly unlikely case PCM UK did have an agreement in place all this time, I think the tenancy agreement would still take primacy

Coupon-mad

The fact an RMC also requested this makes it seem far more likely to me to be a (bad) decision made due to parking issues than something which predates my tenancy.

I agree. I think the contract is with the RMC.

Aether

The contact for the developer is getting in touch with their people at the property site and will update me. I will follow that up if if I don't get anymore from them this time next week.

The MP's office were informed by the Housing Association that the agreement was in place before they "acquired" the property. I still don't buy that personally. I've looked up the history of the Housing Association and their name change was due to an amalgamation they had with a bunch of different HA's in 2019. My TA was from 2012.

I think what's happening is the HA as it is now believes the agreement was in place before they "acquired" the property because it existed as a different entity technically at the time. Probably an internal administrative issue or bad record keeping maybe I do not know. I am pretty sure that is irrelevant really because its still the same tenancy agreement and what I think we care about is if the agreement with PCM UK was in place all the way back in 2012 (which I highly doubt based on no signs and the regime suddenly coming into effect years later.)

I've asked the MP's office if it can be confirmed if that's the case, explaining my tenancy was from 2012 and this HA amalgamation is from 2019.

Coupon-mad

I am glad to see a fellow Rottweiler mentality!

Aether

I have been giving the contact details for the site and have emailed them accordingly, I have warned them of their liability if PCM UK are acting as their agents with them infringing on my quiet enjoyment.