PCC in leasehold space [court claim started against MC & PPC]

Fruitcake

I just posted this on another thread where an infestation is being proposed.

Point out in your letter to other residents that anyone coming on to the property will be at risk of getting a £100 parking charge.

Once the PPC has stopped people from parking who should not be there, the only way they can make money is to go after everyone else.

Residents, tradespeople, food/goods delivery companies, medics (community nurses, midwives, doctors, even ambulances in full livery on a blue-light shout are not exempt), taxi/rideshare companies, visitors.

This is how residential sites get blacklisted by delivery companies and service providers.

h2g2

So I wrote to the managing agent and freeholder on Sunday evening, issuing a formal complaint about the permitting. According to the managing agent's own procedures they are supposed to acknowledge a formal complaint within three working days and have not done so.

I want to start preparing my next step, though I did give them till Monday to act I also know they don't work at the weekends.

As far as I can tell my options are:

• Get an N16A form to issue an injunction against the freeholder, managing agent, and PCM or;
• Go through the Tribunal Procedure (First-Tier Tribunal) (Property Chamber) for relief
• Complete the complaints procedure (which will take several weeks) and then escalate to the Property Ombudsman

I'm not sure which path to go down. I feel I listed the options in order from fastest to slowest, but also most expensive to cheapest. (I may also be able to escalate to the ombudsman anyway.)

The downside to the N16A form particularly is that I don't really know what details are needed or how to fill it in correctly, or identify what the actual fee is, or any of that.

Coupon-mad

Do you have legal cover on your home insurance policy? Many people do and it might cover the Injunction cost.

The 'precedent' case is Roger Davey v UKPC:

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-issuing-pcns-on-our-private-business-land-without-a-contract-off-to-court-ukpc-liable-for-trespass-success/

kryten3000

Can you confirm if the parking area is protected by a locked gate?  You mentioned something about it in passing and there was mention of "tailgating" too.  Private parking "management" has no place in locations where access is restricted to genuine residents.

The main point to hammer home with the people saying "just display your permit, silly" is that once any perceived "problem" is dealt with and the revenue dries up, guess who will start getting charges for out of date or faded permits and so on?  You guessed it, the genuine residents who already have a right to park.

h2g2

> Can you confirm if the parking area is protected by a locked gate?  You mentioned something about it in passing and there was mention of "tailgating" too.  Private parking "management" has no place in locations where access is restricted to genuine residents.

Yes, this is the case. It is opened by an RFID key, or a remote control. It does open and close very slowly, though, and will re-open if anything breaks a sensor beam, and  gives quite a long (10-15s) grace period before closing again. So the actual security provided the gate isn't much. But enough, I think, that any trespasser must know they are not on private land any more.

h2g2

Also, I got a response from PCM indicating that they had opted my bay out of enforcement. They did say "we would need to see the paperwork to confirm..." which indicates to me that they have not had a copy of the leasehold agreements to check. (Probably sensible for them to rely on assurances from the landowner so they aren't liable for situations like this).

But I am unsure now what action I can take. I guess my main problem now is that the signs do seem to indicate that my bay is under their jurisdiction. My current plan is to push forward and maybe get the Property Ombudsman involved if nothing else, but apart from that I'm not sure what I can do. I can't order them to not put PCNs on my car (I have letter saying they won't already) and with the other residents being mixed between scared (some fought and lost against PPCs and MAs before) and apathetic I don't really know what grounds I have for any other action.

Fruitcake

A reasonable and reputable company would have checked the head lease and whether residents had a right to park in their demised spaces, a right to access the site, and a right to quiet enjoyment before they engaged with a company that they knew was not the landowner.
You should ask them and the MA why they didn't do this before they began breaching your residential rights and breached data protection laws.

You could tell them once they have answered those very reasonable questions, you will consider their unreasonable request to do their job for them by supplying them proof that you have the exclusive right to use your demised bay.
If they fail to explain why they failed to take reasonable steps to prevent their unlawful requests to purchase and process your data, you reserve the right to commence legal proceedings against the PPC without further warning. Copy in the MA.

Other options are available.

The signs and the contract between the managing agent and the PPC are irrelevant. They have nothing to do with you. As you said previously, you have an unfettered right to park. The PPC does not have a contract with you, nor any other resident.
PCM would not have agreed to opt out your bay if this was not true.
Your lease grants you primacy of contract. An unregulated third party cannot amend or take away your existing right to park in your demised space. To do so would be a derogation of grant.
You should be asking the managing agent when (not of) they carried out a ballot in accordance with Part IV, Section 37 of the Landlord and Tenant Act 1987, because without it, and without achieving the requisite majority without exceeding the minimum number of dissenters, they have breached said Act.

You and every other resident should complain to your MP.

h2g2

It's one thing to know there's been a derogation of grant but I'm not sure what remedy I can apply for. The fact is that I haven't been issued any PCNs nor have my personal details actually been been accessed.

I can (and have) told the MA and freeholder that a derogation of grant is going on but they have not responded. 

The property tribunal doesn't cover cases where the freeholder breaks the lease (only cases where the leaseholder does) and I haven't had any easily quantifiable damages.

My MP responded that he was sympathetic with my case, but that I should consult a solicitor. 

Would I go to the county court with a small claims case for breach of contract and ask them to compel the MA to remove the PPC?

And thank you ask for telling me to get the other leaseholders involved. Please believe me, I'm trying but they are largely apathetic. 

Castle

The First Tier Tribunal.
Solve a residential property dispute: Overview - GOV.UK (www.gov.uk)

h2g2

Castle said:

The First Tier Tribunal.
Solve a residential property dispute: Overview - GOV.UK (www.gov.uk)

I did, in fact, call them after struggling to find which form I needed.

They told me they have jurisdiction when a landlord accuses a leaseholder of breaching the lease, but not the other way around, and that I would have to have the county court resolve it.