PCN notice for parking in my own space at a rented property

Ben191197

Fruitcake said:

The email from the MA suggesting that your actions are appalling.

Your Landlord isn't really on your side if she has allowed an unregulated PPC onto her land, have failed to instruct the MA to get the charge cancelled, and allowed a breach of your lease/AST to take place.

The email was very brief, this is all they said:

"As you are a tenant and we are the managing agent your manner towards me is appalling, VCS was put I place by the management company due to parking issues therefore has you are a tenant please take this up with your landlord and desist with your threats as we don’t take these lightly."

Le_Kirk

Ben191197 said:

The email was very brief, this is all they said:

"As you are a tenant and we are the managing agent your manner towards me is appalling, VCS was put I place by the management company due to parking issues therefore has you are a tenant please take this up with your landlord and desist with your threats as we don’t take these lightly."

Perhaps you should ask the MA and your Landlord WHEN the ballot of residents took place and what was the outcome by percentage?  Tell them that you don't take it lightly when your right to peaceful enjoyment is interfered with by an unregulated parking "management" company.

B789

Perhaps a response to the MA along these lines:

Dear [Managing Agent's Name],

I am writing to express my frustration and dissatisfaction with your previous response to my concerns about the Parking Charge Notice (PCN) issued by Vehicle Control Services Ltd (VCS). I found your response not only dismissive but also deflecting from your responsibilities as the managing agent. It is essential that you understand my rights as a tenant and the potential consequences of the situation you have created by contracting VCS.

Please note that in order to obtain and process my personal data from the DVLA, VCS must have a lawful reason to do so and take due diligence to ensure that they have the right to enforce a parking scheme on the property. As previously mentioned, the Landlord & Tenant Act 1987, Section 37 (5)(a) or (5)(b) requires a ballot of tenants or leaseholders to alter the terms of the lease or tenancy agreements, which I am confident did not occur. Therefore, VCS is processing my personal data without just cause, which is in breach of GDPR regulations.

Furthermore, GDPR introduced "personal liability," meaning that the principal who signed the contract with VCS is now jointly and severally liable for their actions. This could result in not only civil but also criminal prosecution for that principal. If you have entered into a contract with VCS that makes it difficult or impossible for you to cancel their services or rectify the current situation, that is your responsibility and not mine. As a tenant, my rights under the tenancy agreement should not be infringed upon by a third party that has not followed the proper legal procedures.

I will not apologise for my initial email, as I believe it is well-founded and reflective of the seriousness of this situation. If this matter is not resolved promptly, I am prepared to fully defend myself against any court claim brought by VCS. I now ask that you provide the names and contact details of your legal representatives and any potential witnesses should this case proceed to court.

It is important to note that VCS is part of an unregulated private parking industry that has been referred to as "rogues, scammers, and bloodsuckers" by MPs across all parties. This company is known for its litigious nature, taking thousands of motorists to court each year and tarnishing the reputations of those who contract with them.

I urge you to take this matter seriously and take the necessary steps to rectify the situation. Please instruct VCS to cancel the PCN, ensure that my rights as a tenant are respected and prevent similar situations from arising in the future. I expect a timely and appropriate response that addresses my concerns and demonstrates your commitment to upholding the law and protecting the rights of the tenants you serve.

Yours faithfully,

Ben191197

B789 said:

Perhaps a response to the MA along these lines:

Dear [Managing Agent's Name],

I am writing to express my frustration and dissatisfaction with your previous response to my concerns about the Parking Charge Notice (PCN) issued by Vehicle Control Services Ltd (VCS). I found your response not only dismissive but also deflecting from your responsibilities as the managing agent. It is essential that you understand my rights as a tenant and the potential consequences of the situation you have created by contracting VCS.

Please note that in order to obtain and process my personal data from the DVLA, VCS must have a lawful reason to do so and take due diligence to ensure that they have the right to enforce a parking scheme on the property. As previously mentioned, the Landlord & Tenant Act 1987, Section 37 (5)(a) or (5)(b) requires a ballot of tenants or leaseholders to alter the terms of the lease or tenancy agreements, which I am confident did not occur. Therefore, VCS is processing my personal data without just cause, which is in breach of GDPR regulations.

Furthermore, GDPR introduced "personal liability," meaning that the principal who signed the contract with VCS is now jointly and severally liable for their actions. This could result in not only civil but also criminal prosecution for that principal. If you have entered into a contract with VCS that makes it difficult or impossible for you to cancel their services or rectify the current situation, that is your responsibility and not mine. As a tenant, my rights under the tenancy agreement should not be infringed upon by a third party that has not followed the proper legal procedures.

I will not apologise for my initial email, as I believe it is well-founded and reflective of the seriousness of this situation. If this matter is not resolved promptly, I am prepared to fully defend myself against any court claim brought by VCS. I now ask that you provide the names and contact details of your legal representatives and any potential witnesses should this case proceed to court.

It is important to note that VCS is part of an unregulated private parking industry that has been referred to as "rogues, scammers, and bloodsuckers" by MPs across all parties. This company is known for its litigious nature, taking thousands of motorists to court each year and tarnishing the reputations of those who contract with them.

I urge you to take this matter seriously and take the necessary steps to rectify the situation. Please instruct VCS to cancel the PCN, ensure that my rights as a tenant are respected and prevent similar situations from arising in the future. I expect a timely and appropriate response that addresses my concerns and demonstrates your commitment to upholding the law and protecting the rights of the tenants you serve.

Yours faithfully,

Many thanks for the suggestions. I included a few of those things in my initial email i.e. the GDPR issues, the ballot of tenants and asked when it was conducted and what was the result, the fact that they are jointly liable should it go to court and the facts about VCS and its reputation.

I think my main concern now before I respond is that the MA considers all this a "threat", and I'm not entirely sure what their rights are. Do they have any rights to take action against me as a tenant if I keep pushing against? Whether that be legal action or something relating to my tenancy?

Coupon-mad

You need the bit about the Landlord & Tenant Act.

Ben191197

Coupon-mad said:

You need the bit about the Landlord & Tenant Act.

Yes I also mentioned that in my initial email:

"...unless you have amended our leases as per the Landlord & Tenant Act 1987 Section 37, I demand that any outstanding charges for myself and the parties mentioned are cancelled immediately. I remind you that, according to this Act, without a majority ballot in favour by all landlords and tenants, you have no right to vary my tenancy. I would like you to inform me when this ballot was taken and what the result was."

B789

Ben191197 said:
I think my main concern now before I respond is that the MA considers all this a "threat", and I'm not entirely sure what their rights are. Do they have any rights to take action against me as a tenant if I keep pushing against? Whether that be legal action or something relating to my tenancy?

Why do you suppose they want you to think that? What right do you think they have to "take action" against you? Have you broken any part of the contract you have? Is demanding that they do the job they are contracted to do a breach of any term in your contract? From the reply you showed us, they obviously think that they are some sort of authority and can do as they please without regard to their own liabilities.

It would appear as though they are trying to threaten or at least scare you into submission. You will show by responding with clear evidence and knowledge that you are not the person they want to use such tactics against. They will now be on notice that you fully intend to dispute this PCN and that their liability in the matter is on record.

HampshireH

Is your managing agent a larger company or a one man band?

Seems a very informal response and the slip between we and I when taking it personally seems odd.

Apologies if you already mentioned the company.

Ben191197

B789 said:

Ben191197 said:
I think my main concern now before I respond is that the MA considers all this a "threat", and I'm not entirely sure what their rights are. Do they have any rights to take action against me as a tenant if I keep pushing against? Whether that be legal action or something relating to my tenancy?

Why do you suppose they want you to think that? What right do you think they have to "take action" against you? Have you broken any part of the contract you have? Is demanding that they do the job they are contracted to do a breach of any term in your contract? From the reply you showed us, they obviously think that they are some sort of authority and can do as they please without regard to their own liabilities.

It would appear as though they are trying to threaten or at least scare you into submission. You will show by responding with clear evidence and knowledge that you are not the person they want to use such tactics against. They will now be on notice that you fully intend to dispute this PCN and that their liability in the matter is on record.

I understand, I was just simply unclear IF there is any action they can take against me if they wanted to.

HampshireH said:

Is your managing agent a larger company or a one man band?

Seems a very informal response and the slip between we and I when taking it personally seems odd.

Apologies if you already mentioned the company.

It's apparently a very small company. My landlord is on first name basis with the same individual I am dealing with, which presumably is why the email is in such an informal tone.

Umkomaas

Ben191197 said:

Fruitcake said:

The email from the MA suggesting that your actions are appalling.

Your Landlord isn't really on your side if she has allowed an unregulated PPC onto her land, have failed to instruct the MA to get the charge cancelled, and allowed a breach of your lease/AST to take place.

The email was very brief, this is all they said:

"As you are a tenant and we are the managing agent your manner towards me is appalling, VCS was put I place by the management company due to parking issues therefore has you are a tenant please take this up with your landlord and desist with your threats as we don’t take these lightly."

A rather thuggish response.