Parking Ticket - Leasehold Flat - Parking Space on my land registry..

jw_2000_uk

Hi. 

Didn't display my permit.

And countrywide parking management Ltd issued me a ticket. 

Its been escalated to debt recovery (trave debt recovery)

My argument is, it's my flat,My space & its on my land registry document outlined in red as is my flat. 

Any thoughts on this?.

Pay or is there something I can read to give me ammunition. 

Zbubuman

Are there managing agents for the estate/block of flats? They should be the first persons to complain to. 

LDast

Are you a leaseholder or a freeholder? If you are the owner of the parking space then no one has a right to issue you a PCN. Unless your lease specifically states that you are required to display a permit to park on your own land, then you don't have to. You may have displayed one as a courtesy in the past but there is no requirement to do so.

You definitely don't pay a penny to an unregulated private parking company who are not a party to your lease. If you own the land, then, unless you have contracted the Countrywide Parking Management to bill you for parking on your own land, why would you even consider paying them?

h2g2

One thing I've wondered is this: in the 4th schedule of the Protection of Freedoms Act 2012 authorization is required from the "owner or occupier" of the land:

In this case the owner is the freeholder, but the leaseholder is the occupier.

Assuming the leasehold agreement is silent on the issue what does "owner or occupier" mean in this term?

authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract ...

Does it mean "either the owner [freeholder] or the occupier [leaseholder] can make arrangements"?

Does it mean "either the owner, unless they have leased the rights to use the land to someone in which case only the occupier can make arrangements"?

Does anyone know if this has been tested? It seems obvious that a leaseholder could generally make arrangements (supermarkets are often leaseholders of the car parks they manage, for example, and as far as I know don't require permission from the freeholder). But does the freeholder give up their rights to manage the land when they sell the leasehold to it?

jw_2000_uk

I purchased in a leasehold block.

The managing agent is useless, they instructed countrywide parking a few years ago to manage the spaces. 

Like I said, when I brought the property the land registry showed a line around my space. 

I don't think it was in my documents when I brought the property. I'll try and find out.

It's a small block of 9 flats. 

jw_2000_uk

I've just gone through my 8 page signed leaseholde report what the solicitors issued.

And it states the management company and fees.

But no mention of parking spaces in any way.

Is this the document I should obide by.

h2g2

You should have the actual leasehold agreement itself somewhere. That would be the document you rely on.

LDast

You need to refer to the actual lease that was signed when you completed the purchase.

Which PPC is pursuing you? PCM?

If there is no mention of any third part being able to fetter your rights, no one can alter the terms of your lease unless they have gone through the required procedure as mandated in the Landlord and Tenant Act 1987 section 37.

It is not a simple ballot. It is a whole legal procedure including a Tribunal.  Unless it is specifically stated in your lease that you have to display a permit or can be sued by a third party that is not a part of the agreement/lease, then you have no legal obligation to them. You can warn them off and if they continue, you will be able to either counterclaim if they file a claim or issue your own claim for harassment.

jw_2000_uk

Is this the needed document, the 8 page solicitors leasehold report

Regards.

jw_2000_uk

My land registry 

jw_2000_uk

More leasehold report