CPM ANPR PCN - Leaseholder with exclusive use of space

Mullerice

Hello, hoping to get some advice here. We are a leasehold flat owner, and our lease grants us the exclusive use to park a car on a specified parking bay at our block. 

I’m not looking to try and challenge the PCNs on failure to conform to POFA, I really can’t be bothered to waste my time with CPM given they have no right to issue these. 

The management company have recently had CPM install ANPR cameras and demand that we pay CPM for e-permits which last 12 months and are limited to 3 cars at a time. 

I’m absolutely not happy about paying CPM for permits, or risking getting caught out if I forget to register one of my visitors on their system. 

I have checked my lease and cannot find anything which mentions permits, nor the mention of a management company or a third party who are able to enforce the covenants of the lease. 

I have been going back and forth with the management company over this, but they don’t seem to see why it is a problem for me to sign my rights away for CPM to profit off of my guests (or unauthorised people who park in my space). 

Today they sent an extract of a lease which they claim gives them the right to vary the ‘Estate Regulations’ at any time, and therefore they can introduce this e-permit scheme. 

However, what they sent is not included in the lease that we signed, neither is the term ‘management company’ or ‘estate regulations’. 

So far we’ve had 5 PCNs through the post since the cameras turned on two weeks ago. I’ve done the ‘appeal’ attaching an extract of the lease to show that a contract cannot be formed because CPM have nothing to offer us, yet I got the template rejection letter back each time. 

I’ve looked through the forums and seen posts mentioning various similar legal cases that support my position. 

What is the next step? Do I do the IAS appeal or just wait? Do I send a Cease And Desist letter to the management company and CPM? Do I go straight to initiating legal action against them both for the harassment? 

Thanks in advance for any pointers. 

LDast

Your lease has supremacy of contract over any "estate regulations" unless it specifically allows whoever makes up the "estate regulations" to alter or vary the lease. Doubtful. The only way a lease can be varied or altered is through a lengthy tribunal process and involves a ballot of all the leaseholders according to the requirements of the Landlord and Tenant Act 1987 section 37.

As you say, PoFA is probably irrelevant in this case but don't discount it totally as it may have some relevance later. Appealing to the IAS is an exercise in futility but a few people don't discount it on the fact that even a less than 5% chance of a successful outcome is better than none. We don't recommend an IAS appeal because even if it is unsuccessful, it has no bearing on any future proceedings.

You can certainly warn the MC that they are jointly and severally liable for the actions of their agents and that should CPMUK proceed with this all the way to court, you will file a Part 20 counterclaim for harassment and damages against both them and their agent as they have been warned that your lease cannot be varied or altered on a whim by them or a third party, unregulated private parking company.

It is likely that CPMUK will take this all the way to a county court claim as they smell blood and money. You don't really expect anything less from a bunch of ex-clamper scammers as they hope you are low-hanging fruit on the gullible tree, ripe for the picking. Obviously you are not as you have come here for advice and already have an idea that they and the MC are way out of line.

Gr1pr

Also worth reading the advice in other recent residential threads, like these 

https://forums.moneysavingexpert.com/discussion/6421843/i-sued-a-parking-company-and-won/p1

https://forums.moneysavingexpert.com/discussion/6499026/pcc-claiming-to-be-able-to-charge-me-for-parking-in-space-granted-to-me-via-leasehold#latest

https://forums.moneysavingexpert.com/discussion/6538492/introduction-of-anpr-monitoring-in-block-of-flats#latest

Mullerice

Xxx said:

Your lease has supremacy of contract over any "estate regulations" unless it specifically allows whoever makes up the "estate regulations" to alter or vary the lease. Doubtful. The only way a lease can be varied or altered is through a lengthy tribunal process and involves a ballot of all the leaseholders according to the requirements of the xxxx

As you say, PoFA is probably irrelevant in this case but don't discount it totally as it may have some relevance later. Appealing to the IAS is an exercise in futility but a few people don't discount it on the fact that even a less than 5% chance of a successful outcome is better than none. We don't recommend an IAS appeal because even if it is unsuccessful, it has no bearing on any future proceedings.

You can certainly warn the MC that they are jointly and severally liable for the actions of their agents and that should CPMUK proceed with this all the way to court, you will file a Part 20 counterclaim for harassment and damages against both them and their agent as they have been warned that your lease cannot be varied or altered on a whim by them or a third party, unregulated private parking company.

It is likely that CPMUK will take this all the way to a county court claim as they smell blood and money. You don't really expect anything less from a bunch of ex-clamper scammers as they hope you are low-hanging fruit on the gullible tree, ripe for the picking. Obviously you are not as you have come here for advice and already have an idea that they and the MC are way out of line.

Thanks for giving me some comfort around the situation. The block is split into two, with our side being ‘social’ housing through a Housing Association and the other side being open market via the developer. Therefore it’s possible each block has a different lease agreement, but we share the same parking area. 

There certainly is no mention of the term “Estate Regulations” or anything similar 

I’ve reviewed the lease that we signed and cannot find any mention of a third party being able to enforce the covenants of the lease or penalise us for breaking them. I also can’t find any information that directly mentions a management company having any say at all… indeed one of the clauses says: 

“CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

Save as expressly provided none of the provisions of this Lease are intended to or will operate to confer any benefit (pursuant to the Contracts (Rights of Third Parties) Act 1999) on a person who is not named as a party to this Lease” 

am I reading it right that unless the management company are named and given responsibilities etc, they can !!!!!! off? 

Coupon-mad

Yes.

IANAL but I think you need one, quickly.

I think you need to get together with other affected leaseholders and in a letter, warn the MA that you will get a solicitor to seek an emergency injunction and will sue them for the cost of the legal case and injunction.

You should also send UKCPM a copy of your lease that says you have 'exclusive use' of your bay and tell them you will sue them if they issue PCNs to ANYONE using your bay and tell them that EVERY instance of them filming your vehicle (or any vehicle of any visitor) is a breach of the Data Protection Act 2018 and in breach of the Surveillance Camera Code of Practice.

Ask them both for a copy of the data risk assessment that was carried out before it was decided that 24/7 cameras were an acceptable method to manage parking in a residential estate where leaseholders already enjoy rights of way and exclusive use.

Clearly parking management on foot, with certain bays exempted, was the only method that should ever have been considered and even that had to be put to the vote of leaseholders first. Which you will refuse, just as you outright refuse to accept this scheme snd there is no consent for them to process your data.

This inappropriate 'film everyone' ANPR regime is a derogation from grant by the MA.  You need other leaseholders to realise what is happening. Start a Whatsapp group and act quickly and in numbers.

Get it in your local paper too.

This blights your estate, interferes with your lease and will affect property value - and it must stop.

Mullerice

Coupon-mad said:

Yes.

IANAL but I think you need one, quickly.

I think you need to get together with other affected leaseholders and in a letter, warn the MA that you will get a solicitor to seek an emergency injunction and will sue them for the cost of the legal case and injunction.

You should also send UKCPM a copy of your lease that says you have 'exclusive use' of your bay and tell them you will sue them if they issue PCNs to ANYONE using your bay and tell them that EVERY instance of them filming your vehicle (or any vehicle of any visitor) is a breach of the Data Protection Act 2018 and in breach of the Surveillance Camera Code of Practice. 

So a bit of added context. CPM were engaged around 2020, and didn’t give their paper “permits” to any resident in the social block. Then proceeded to issue PCNs and not accept appeals. 

We refused to engage in their scheme, due to obvious reasons of not wanting to form a contract with them, and at one point had several thousand pounds worth of PCNs being chased by Gladstones. 

I sent the full signed lease to CPM and Gladstones, but was told “muh signage you agreed pay up” by both. Funnily enough, Gladstones have written off all but 1 of these PCNs now. 

For the last 2 years CPM stopped patrolling due to some scaffolding being erected over several bays and the works not being sorted by the management company (I believe early 2021 or 2022 there was a storm that broke part of the roof bricks). 

CPM are now back with ANPR! To make it worse, anyone with a utility bill with the same postcode is able to apply for an e-permit, so those without allocated bays are able to get around the ANPR and park anywhere they like now. 

I’ll call my car insurance, it includes legal assistance, and see if they can help… 

the more I look into this, the more threads and successful court cases there are around this issue, yet nothing seems to change their minds… always comes back to the signage! 

Grizebeck

This is the kinda of situation I would use contestor legal (well the solicitors firm they use ) for this 
You can have an injunction in place quite quickly.

Mullerice

Grizebeck said:

This is the kinda of situation I would use contestor legal (well the solicitors firm they use ) for this 
You can have an injunction in place quite quickly.

I’ve just filled out their contact form, will speak to them whenever they reach out to me. Thanks for the tip 

I really want this to go to court so that CPM can learn that they can’t just stomp all over the rights of leaseholders. 

I don’t understand why we were never consulted, and never signed a contract enabling CPM to issue PCNs to vehicles in our space. Even if someone unknown parks in my space, CPM have zero legal basis to raise a charge to that individual given I have the exclusive [economic] rights to use the space. 

Surely every single PCN they’ve ever issued or collected for cars parked in bats with leases like mine are illegal and breaches of GDPR or something?  

Grizebeck

I wouldn't be using them for any of the pcns. I would only consider using them if you can recover your costs in relation to any potential injuction  otherwise do it yourself
It isn't not particularly hard to issue an injunction as a litigatant in person should you go down that route.

If you are happy doing the paper work and associated court work yourself but want someone to draw up the injunction with basis etc I would contact small claims advisor Ltd. The owner posts on here and is well known on the parking court circuit.

Mullerice

Grizebeck said:

I wouldn't be using them for any of the pcns. I would only consider using them if you can recover your coats otherwise do it yourself
It isn't not particularly hard to issue an injunction as a litigatant in person should you go down that route.

If you are happy doing the paper work and associated court work yourself but want someone to draw up the injunction with basis etc I would contact small claims advisor Ltd. The owner posts on here and is well known on the parking court circuit.

Got it, thanks for sharing. I will post an update as and when 

Grizebeck

Mullerice said:

Grizebeck said:

I wouldn't be using them for any of the pcns. I would only consider using them if you can recover your coats otherwise do it yourself
It isn't not particularly hard to issue an injunction as a litigatant in person should you go down that route.

If you are happy doing the paper work and associated court work yourself but want someone to draw up the injunction with basis etc I would contact small claims advisor Ltd. The owner posts on here and is well known on the parking court circuit.

Got it, thanks for sharing. I will post an update as and when 

No worries