PCM Parking Charge - In own parking space

Paulcox741

nopcns said:

So, where in that lease does it mention that the tenant will be bound to parking conditions implemented by a third party who is not a party to the lease? Where does it mention that the tenant must display a permit from a third party who is not a party to the lease?

Perhaps a letter to "Mr X/Mrs Y c/o the Estate Agent" asking to see what the head lease has to say about parking and whether there is anything in that lease that fetters the rights of the leaseholder or their tenants to park in their space. If there isn't, you need to ask why are they allowing an unregulated private parking company (third party) to issue invoices for parking on what is already a right in a lease that has supremacy of contract over anything else unless they went through the process as required under the Landlord and Tenant Act 1987 Section 37(5)(a) or (b).

https://www.legislation.gov.uk/ukpga/1987/31/section/37

I've finally got a copy of the Head Lease (although no answers to my questions). I can't see it refers to the tenant being bound to parking conditions implemented by a third party or requires a third party permit to be displayed. The only references I can see in the Head Lease to requiring a tenant to park in a space are as follows:

- "the Car Parking Space" means the area shown edged yellow on the Plan (if any) or such alternative space as shall from time to time be designated by the Lessor provided that such space shall be substantially less commodious or convenient that that shown edged yellow on the plan.

- No vehicle belonging to the Purchaser or any member of the Purchasers family or to persons visiting the Purchaser at the Flat or to any other persons shall be parked upon the paths forecourts or any other part of the Estate or adjacent thereto save on roads on the Estate which may be adopted (subject to local authority parking controls (if any) and without prejudice to the generality of the foregoing the said paths forecourts and other parts shall not under any circumstances be used as an overnight parking place or as a substitute for a parking space nor shall be repairing of any motor vehicle be carried out on the said paths forecourts service areas or in or upon any other part of the Estate or any adjacent development of the Company including any car parking areas.

In the tenancy agreement it said:

The Tenant agrees with the Landlord to park in the space allocated to the Premises, if the Tenant is allocated a car parking space.

The plan is in black and white so can't see which bit is edged in yellow. I will ask for clarification but as this in the head lease presumably it won't show the specific parking space? 

I will go back and ask why they think this is arrangement is appropriate and why they are allowing an unregulated private parking company to issue invoices. Anything else do you think I should ask/get clarity on?

Additional bit of info, is my daughter couldn't actually park in her space on the particular days as it was blocked by a workman's van. She has got photographic evidence after she received the first ticket as it was a recurring theme (she doesn't use the car very often so the space would have seemed like it wasn't being used).

Coupon-mad

Complain to the site Managing Agents but don't expect to get anywhere.  See PCM in court.

I'm sure there's a missing word 'NOT' here?!

"such alternative space as shall from time to time be designated by the Lessor provided that such space shall be substantially less commodious or convenient that that shown edged yellow on the plan."