Private parking charge for SORN car in own space

dadsma

The car park has parking spaces which are either part of the demised apartment described in the ownership lease or spaces allocated to renters.

We asked the MA for correspondence re appointing a ppc and they sent some info:-

A survey "consultation" was carried out in 2022 seeking residents views on parking. The MA said they would  "look at the results and make a decision on how parking will be managed..... based on the majority view of who completed the survey."

A paper parking permit scheme with the PPC was introduced which my friend was unaware of.  The scheme was changed to a virtual permit from April 2023 at a cost of £8.40 for the year.

A Final Reminder letter says "You must renew your permit. If you do not renew we will assume you no longer require the bay and it will be re-allocated to someone on the waiting list. If you are a leaseholder with a bay included in your lease and park without a virtual permit, a parking ticket will be issued."

The MA says they have asked the PPC to cancel any PCN's and can confirm the two issued in January have been cancelled.

My pal thinks the matter is now closed.

Coupon-mad

Glad it was cancelled but this was unlawful:

"A survey "consultation" was carried out in 2022 seeking residents views on parking. The MA said they would  "look at the results and make a decision on how parking will be managed..... based on the majority view of who completed the survey."

Le_Kirk

Coupon-mad said:

Glad it was cancelled but this was unlawful:

"A survey "consultation" was carried out in 2022 seeking residents views on parking. The MA said they would  "look at the results and make a decision on how parking will be managed..... based on the majority view of who completed the survey."

....... yes but did they actually conduct a ballot, when and what was the outcome?

dadsma

It appears there was not an actual ballot but a decision by the MA following a consultation/survey. 

The MA has not been very forthcoming and has sent us copies of just three letters that they say “would have been sent to all residents.” 

1. “Parking Consultation - a survey to be completed by only one person in each household.  Once the consultation has closed, the results will be looked at in detail by our team. A decision on how parking will be managed….will be based on the majority view of who completed this survey. We will then send these results to you along with the final decision on parking and if required, any details of the changes.” They haven’t provided a copy of the results or of any changes, if there were indeed any changes.

2. “Parking Permit Reminder”
3. “Final Parking Permit Reminder”

Coupon-mad

will be based on the majority view of who completed this survey. 

That's the bit that doesn't match the consensus required in the Landlord & Tenant Act.

dadsma

We will now challenge the actions of the MA in appointing a PPC but realise it is likely that as a multi-property housing association they are unlikely to easily concede that they haven’t followed the requirements of the Landlord and Tenant Act as the scenario is likely to apply to several other locations too.

I think step one should be to get them to stop issuing pcn’s to vehicles we allow to park in our space. Following that we would seek to have the ppc removed unless and until a lawful ballot is held to appoint one. Another topic to pursue is whether pcn’s have been unlawfully issued to other vehicles in the car park and whether refunds are appropriate for pcn’s and parking permits.

Is it appropriate for a single resident to deal with these matters or would we need to involve others? There doesn’t appear to be a residents association and there seems to be little interaction between residents.

Coupon-mad

Strength in numbers.  Get together.