PCM charging for parking in own residential space/shared ownership - how to get PCM out

atruefaker

Hello

I’d appreciate some advice please.

I have looked at previous threads and followed the guidance of sending them a strongly worded letter and opting out and kicking PCM out of “overseeing” our residential parking space. However, PCM are rejecting our case which we have primacy of contract for and they are continuing to send fine letters and have now passed the “so-called fine" on to Trace Recovery, who are threatening to send our case to their legal if we do not pay the fine. We will not be paying any fine unless a judge orders us to - which I highly doubt they will. I would also like to play PCM at their own game and see if we can counter sue - though I don't want to get in any debt!

Background

• My partner received a PCN for not “displaying a permit” in their parking space, which they bought with the property in 2017.
• The property is shared ownership and we had it confirmed through the SO company, Clarion, that the parking space was owned by my partner and PCM should not be involved - however, they said they do not get involved in matters like this.
• The Managing Agent is now First Port, who are a disgrace and answer no correspondence sent to them. However, they were not the managing agent when PCM were brought in from my digging - though I assume they will now have a contract with PCM?
• Another resident in the building has received the same PCN fine for not not showing a permit in their space, it transpires that PCM are charging/fining owners across the entire estate for not showing permits in their own spaces - and people are paying them!
  
• On purchasing the parking space, PCM were not noted as a company who would oversee parking - there was no company doing this.
• It transpires on doing some asking that a vote by the Resident Directors to bring in PCM was brought into effect in 2019. The RDs said owners of the spaces were given the right to vote - yet, my partner and the other resident were not involved in a vote or notified of one (both are Shared Ownership - though not sure this would make a difference). They were just sent permits to put in their car windows - which for ease people put it in to avoid arguments for
• The lease says we should have:  
• Quiet Enjoyment “…peaceably enjoy yje Premises during the Term without any lawful interruption by the Landlord or any person rightfully claiming under or in trust for it” 
• 4.1: Not to park or allow to be parked on any space for which exclusive rights of use are hereby granted any vehicle other than a private motor vehicle which is taxed and in roadworthy condition…” 
• 4.3: “…not to park or allow to be parked any vehicle anywhere on the estate except on the parking space for which exclusive rights of use are hereby granted”

WHAT WE HAVE DONE:

• My partner opted out and asked for all personal data held about us to be deleted, which PCM did and then hilariously said we would not be able to opt back in! They said they did not have to delete the data and quote some legal line - not sure how kosher this is
• We wrote to PCM and said, regardless of what had been agreed with anyone, no contract had been signed with them and we had primacy of contract - it was our space, not theirs to trespass on to
• They came back and said they would need to see the lease to review it to cancel it, to see if we had unfettered access - we have not sent this to them and do not plan to send it to them “to review”. I find this amazing that we need to provide this, yet they were happy for us to opt out just by providing them with an email, my partner’s name and address - no other proof was needed
• PCM have told us in the latest correspondence that the case has been reviewed by their compliance team and that we should not write back to them again as the debt is now with Trace Recovery and
• We ( the other resident and myself) have tried to find out when this vote was held by RDs and none of them can/will tell us - as we are unable to workout how this was done. There are nearly a 1000 units on the estate.
• We have also emailed First Port (Managing Agent) about it and had no response.

NEXT STEPS

• Could I ask how we should proceed next, as we are getting letters and text messages from Trace Recovery every week now - even though we have never provided a mobile number. Should we just wait for a lawyer’s letter to arrive?
• Is it worth the other resident and I putting our case together and fighting them as one or keep it separate?
• Am I able to say PCM are trespassing on the land as per Quiet Enjoyment? Can we hold PCM to account with a counter claim eg. we are invoicing you for trespassing on our land and for disrupting our quiet enjoyment?
• The Vote to bring PCM in: was this legally allowed to be held when owners of the spaces were never included in the vote? It seems like it was RDs who voted and brought it in? Can we hold anyone accountable for this?
• Why are PCM not accepting primacy of contract?
• In order for us to get rid of PCM from the car parks - how many residents would we need to sign for them to get out?
• Should I involve the local councillors and MPs in this at this stage to showcase these cowboys and copy the MPs and councillors in?

TIA

B789

Welcome. This is a complex topic and one which we will endeavour to support and advise. However, you mention that the property has around 1,000 properties. That is huge. As for the Resident Directors... what are they the directors of? The MA? Is it a committee voted in by the leaseholders/tenants? How does this work?

In simple terms, your lease cannot be arbitrarily amended on the whim of your landlord/landholder. In order to change the terms of your lease, the landowner/landholder needs to follow the law as defined in the Landlord and Tenant Act 2012, namely Section 37:  https://www.legislation.gov.uk/ukpga/1987/31/section/37

What is required is for a ballot of the leaseholders of all the properties and at least 75% of those voting need to agree to the change with no more than 10% opposing. If that ballot was held, the leaseholder/landholder will need to provide evidence of the ballot and the results of said ballot. I seriously doubt that a minority group of "Resident Directors" could force a change on their own based on the law according to the Act.

You mention that there are many PCNs being issued and most of the victims are just paying them. How many people have you actually canvassed about this? With regards to your opting out and the PPC agreeing and you own the lease on your parking space, you would probably be within your rights to sue for trespass against the PPC but, again, I cannot offer legal advice. However, it is simple enough to sue them using the MCOL. You may also need to look into your personal data being used illegally and a potential lawsuit for breach of your GDPR.

As for the rest, I will leave it to some more educated members to post their observations and advice.

Coupon-mad

Did you read these threads?

https://forums.moneysavingexpert.com/discussion/6460492/on-duty-nhs-community-nurse/p5

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

That's how to get them removed.  No idea why residents let this happen and accepted permits.  People have no idea who PCM are!

Or you and the neighbour could get a solicitor to get an injunction to stop them, then sue PCM for the costs.  Do either of you have free legal cover on your home insurance policies?

Another thing you can do is contact the Leasehold Advisory Service – the service may be able to provide you with free initial advice and guidance.

See the website or call 0207 383 9800

https://www.lease-advice.org/fact-sheet/contact-redress-scheme/

cleverdicky

Hello, I had the same issue a few years ago. I did post on here if you can find it.

Not as big an estate but same problems. Although for me personally it was over not displaying the permit even though a resident. What I did was stick the permit in the center of my rear windscreen, and they didnt like it. I received dozens of pcn's two of which went to court.
 
I did discuss with parking firm before court but they didnt give a toss and just lied. I won both times and got about a hundred quid expenses.
Was a great feeling after a lot of stress   😁

It basically came down to one thing, authority. As I owned my property and a parking bay was a condition or part of the lease, I 'owned' that bay. NOT the management company who hired the parking control firm. They did not have authority to administer parking control over my bay (even one unmarked).
Luckily I also had a few letters and emails from my solicitor discussing the parking when I moved in. But it should be in your lease / deeds.

All the best