Parking Charge Notice for parking in my allocated space

10shinhan

Hi all

I am a leaseholder in a block of flats, and I have an allocated space.

Parking enforcement was brought in last year, but as of recently, I received a ticket (7th Feb), then I received 4 more tickets over the next few days. The tickets started at £60 each and now have gone up to £100 and then next £160.

The director/management company has brought in a parking company (Countrywide Parking Management) and is forcing us to use a paper parking permit, which I was not using at the time, but I have now used to stop the constant tickets I'm getting.

I complained to the management company, explaining I have the right to park there and that I did not want to use a permit, explaining that this is poor practice when you could easily whitelist licence plates. I also mentioned the lease allows us to us the parking space without having to show a permit. They responded:

"Having reviewed the lease I can confirm, the parking space is a retained part and therefore not included in your demised property. As a leaseholder you have the right to park in the space but must comply with the regulations set out by the landlord which relate to use of the retained parts.

The management company can give instruction for there to be parking management on site, the company that has been instructed operate through the use of permits and not number plates.

I would advise you display your permit to ensure the regulations are followed and tickets are not received.

If the parking company have rejected your appeal then they feel a ticket has been provided in line with the restrictions and you would need to pass any further disputes through their dispute processes, this is not something I can change unfortunately."

I think the managing agent is talking about this statement in the lease:

To comply with all variations of these Regulations and all other reasonable and proper regulations made by the Landlord or its agents from time to time in accordance with the principles of good estate management and notified to the Tenant that relate to

(a) the use of the Retained Parts
(b) the management of the Building and the welfare of its occupants. 

 I checked the lease, I found this:

"Use of retained parts

The right for the Tenant and all persons authorised by the tenant: To park a private motor car or private motor cycle belonging to the tenant or its visitor in the Parking space."

Any advise, please? Have I got a case against these scammers?

Coupon-mad

Yes you have a defined right to park there and there's no caveat to that right.

You residents should never have let this happen last year. Apart from the harassment and stress, parking firms blight estates and some potential buyers will NEVER look at a property where a PPC infests.  Permit schemes within residential estates are unsolicited, not needed, can affect property values and certainly cause detriment.

Ignore the debt demands. You'll see them in court.  No cost, no risk, no CCJ as long as you don't move house and fail to tell Countrywide and their 'thug' DRAs.

Do what this person did:

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

Involves group action.  You won't be the only leaseholder affected.

10shinhan

Coupon-mad said:

Yes you have a defined right to park there and there's no caveat to that right.

You residents should never have let this happen last year. Apart from the harassment and stress, parking firms blight estates and some potential buyers will NEVER look at a property where a PPC infests.  Permit schemes within residential estates are unsolicited, not needed, can affect property values and certainly cause detriment.

Ignore the debt demands. You'll see them in court.  No cost, no risk, no CCJ as long as you don't move house and fail to tell Countrywide and their 'thug' DRAs.

Do what this person did:

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

Involves group action.  You won't be the only leaseholder affected.

Thank you for the reply. 

I will have a read of that post

D_P_Dance

Tear up the permit and accrue thousands pounds of "fines"  Leet them take you to court if they are daft enough. 

I very much doubt that any judge in the land would agree that the MA's  action in this matter was reasonable.  For a start it deters putative tenants, and it devalues the property. 

10shinhan

The introduction of parking was brought in on 12/6/2023.

Is it too late to protest against this change?

I noticed that you referred to L&T Act 1987 section 37. 

If I get a letter signed by at least 10% is it too late?

10shinhan

D_P_Dance said:

Tear up the permit and accrue thousands pounds of "fines"  Leet them take you to court if they are daft enough. 

I very much doubt that any judge in the land would agree that the MA's  action in this matter was reasonable.  For a start it deters putative tenants, and it devalues the property. 

I was tempted to, I put it up because of the constant annoying letters I was getting.

Do you think they would take me to court and would they have any chance?

10shinhan

This is the advice I got from a just ask lawyer :

"OK I can certainly understand your frustration regarding the parking permits, but at the end of the day to is only a piece of paper in the window. If the property manager,ent company made the decision to bring in managed parking the for complex and the conditions pf this are to display a permit to be Abe to park in the car park then sadly that would apply to all concerned

If this was a new rule and permits had not been issued then you have a valid defence to raise to the parking company.

However if you simply decoded to ignore the requirement for the permit to be displayed then the tickets are valid and can be enforced"

Are these people just covering themselves? this is the second one who is saying I don't have a chance.

Le_Kirk

10shinhan said:

I noticed that you referred to L&T Act 1987 section 37. 

If I get a letter signed by at least 10% is it too late?

You need to ask the management company or managing agent (if they use one) WHEN not if the ballot of affected leaseholders/freeholders and/or tenants was carried out and what was the result.  For a change to be made to the terms of your lease there has to be 75% agreement with NOT more that 10% disagreeing/

10shinhan

Le_Kirk said:

10shinhan said:

I noticed that you referred to L&T Act 1987 section 37. 

If I get a letter signed by at least 10% is it too late?

You need to ask the management company or managing agent (if they use one) WHEN not if the ballot of affected leaseholders/freeholders and/or tenants was carried out and what was the result.  For a change to be made to the terms of your lease there has to be 75% agreement with NOT more that 10% disagreeing/

Thank you this is a good point I will ask them.

nopcns

Stop talking to "just ask lawyer". That response from them pretty much confirms that they are not as informed about dealing with unregulated private parking companies as the regulars on here.

Coupon-mad

My goodness those lawyers are clueless!

We win almost every case here, and there is zero risk in defending a small claim.  You want them to sue you. That's how the scam ends.

Instead of asking online lawyers, read the Second post if the NEWBIES thread.

AND of course it's not too late to get together with the other affected and angry leaseholders and get the MA to throw out the parking firm.  That's why I showed you that link.

Call a meeting. Start a WhatsApp group about the parking firm and get them removed.  I'm willing to bet there will be LOADS of people who are affected by PCNs and are angry like you.  Send everyone here.

NO-ONE SHOULD PAY.