PCM Now Controlling Estate Parking

Coupon-mad

grey_moose said:

@h2g2 - That's all very supportive, thanks for your insight. Would you, and any others that see this, suggest I seek to remove PCM altogether from governing my single space and/or the estate, rather than seek a second permanent permit? As I'll be unlikely to get that as I'd be over-stepping the original leasehold agreement.

Clearly yes. YES!

And NOT just from your space otherwise your visitors and delivery drivers will be targeted.  This scheme must be completely stopped. It will blight your estate and can affect property prices.  I certainly would never buy a place with PCM signs up and nor would anyone I know, nor regular posters here.

And I disagree with some of the first advice you got above. This isn't an expensive fight requiring court.

DO NOT acquiesce to this little money-making scam scheme by an ex-clamper firm who were exposed on Watchdog:
http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html?m=1

Read this summary too:
http://parking-prankster.blogspot.com/2016/11/residential-parking.html?m=1

You can ask the Managing Agent which ADR (Leasehold Advisory Service?) or property Ombudsman is available to consider this dispute if they refuse to kick out PCM (which they must, because they are in clear breach of the L&T Act and currently causing a 'derogation from grant').

This is how to kick out PCM before they start:

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

It is urgent and is best done in numbers of leaseholders if you can get others to join you. What to say in your formal complaint is in that last link. It works.  Force them out NOW.

grey_moose

@h2g2 @Coupon-mad - Thank you very much, the support is hugely appreciated. Enforcement begins on the 9th of October, so I'm hoping we can get this issue settled before then.

Would you have any advice for next steps? My worry is that if I use any sort of legal wording in a guns blazing email such as they're breaching certain things, I wouldn't necessarily know if what I was saying was true or correct for my situation. 

I've emailed the management company (Sunday) and followed up (today) and emailed the two residential representatives (yesterday). If I still don't get any replies, what's the best route?

Coupon-mad

Enforcement begins on the 9th of October

No it won't!  You must act together.

Your next steps are already clear:

Do what that other person did and do it NOW.

First step is to leaflet the entire estate (paper through letter boxes this week) setting out the immediate blight to the estate, effect on property prices and illegal attempt to interfere with your lease rights of way and other rights/easements.

ALL RESIDENTS & ALL VISITORS WILL BE TARGETED BY PCM WHO ONLY MAKE MONEY FROM PCNs.  THIS IS NOT ACCEPTABLE IN A RESIDENTIAL AREA.

Urge EVERYONE to join you in a jointly signed letter refusing to accept this breach of the L&T Act and refusing the underhand and illegal derogation from grant. They cannot override your lease.

Did you read all the links I gave you? Your legal position is easy to understand.

In your leaflet, suggest a meeting and/or joint fightback Whatsapp group.

But you've got to act in September to stop this. Get rid of PCM.  No ifs or buts. No accepting two permits. Nonono. You will all regret this if you don't kick out PCM before it starts.

1505grandad

Hopefully you will be able to action the above  -  also hopefully the other residents will realise the danger relating to this scam.

FYI  -  The new unregulated single PP sector CoP (soon to be replaced by a regulated CoP by the Government) recognises/acknowledges that this is a scam as they specifically state:-

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

"14

Relationship with landowner

NOTE 3: Particular care is needed to establish appropriate contractual terms, including the

application of parking terms and conditions, in respect of controlled land where

leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a

requirement on the resident of an apartment block to display a permit to park in

contravention of their rights under their lease, or to ensure that free parking periods do not

breach planning consents."

h2g2

You can ask the Managing Agent which ADR (Leasehold Advisory Service?) or property Ombudsman is available to consider this dispute if they refuse to kick out PCM (which they must, because they are in clear breach of the L&T Act and currently causing a 'derogation from grant').

The ombudsman is pretty useless, tbh. The managing agent says "we're acting under instruction from the freeholder/RTM company" and the ombudsman will tell you that they cannot investigate further or order the managing agent to do anything differently. They recommended to me that I take it up with the RTM and that I could take the RTM to court if necessary.

Le_Kirk

Just ask the management company (or their agent if they are hiding behind one) WHEN not IF, the ballot of ALL affected parties was carried out and what was the result.  For the avoidance of doubt, there must be 75% in favour and no more than 10% against!

Coupon-mad

Which is covered in the 'PCM Company Introduced' thread (the one I linked) which has a latter for leaseholders to use. Already written. And it worked and easily got rid of PCM in this exact scenario.

Re the ADR or Ombudsman, I was only suggesting threatening it to focus the mind of the MA.  Not really wanting to see it go to that stage. The MA need to stop this derogation from grant right now.

eddddy

Le_Kirk said:

Just ask the management company (or their agent if they are hiding behind one) WHEN not IF, the ballot of ALL affected parties was carried out and what was the result.  For the avoidance of doubt, there must be 75% in favour and no more than 10% against!

This is a misleading myth.  That's not how lease variations work.

As I said further back up the thread, if the OP has signed a deed of variation for their lease, they would know about it. 

It would have been a big deal, involving solicitors, deeds that need to be signed and witnessed, Land Registry forms, etc.


Calling it a 'ballot' is misleading, and it wouldn't happen in one day. It would probably take 6 months plus. And hopefully, many/most leaseholders would be taking legal advice from their solicitors along the way.

 

grey_moose

eddddy said:

Le_Kirk said:

Just ask the management company (or their agent if they are hiding behind one) WHEN not IF, the ballot of ALL affected parties was carried out and what was the result.  For the avoidance of doubt, there must be 75% in favour and no more than 10% against!

This is a misleading myth.  That's not how lease variations work.

As I said further back up the thread, if the OP has signed a deed of variation for their lease, they would know about it. 

It would have been a big deal, involving solicitors, deeds that need to be signed and witnessed, Land Registry forms, etc.


Calling it a 'ballot' is misleading, and it wouldn't happen in one day. It would probably take 6 months plus. And hopefully, many/most leaseholders would be taking legal advice from their solicitors along the way.

 

Thanks for the reply @eddddy - To confirm, does not having one work in my favour or work against me? I'm sure this was never mentioned and we haven't got a DoV. The AGM that appointed the residential directors took place on the 19th of July. On the 2nd of August they sent and then recalled the minutes so I cannot reference them here. We were then informed about PCM on the 27th of August in an estate update that stated that between the resident directors and the management company, they decided to implement the parking permits. It also states "Residential permits are to be placed in the windscreen of the vehicle and parked in the bay relating to the property the vehicle owner resides in." 

Again for clarity, the lease states: "the parking space edged red and numbered or such alternative parking space as the Landlord shall from time to time designate acting reasonably."

To update - I'm still awaiting a response from the RD's and the Estate Management to my initial email. I've since spoken two other residents who are also worried about the permits and feel as though it will ruin the quality of life. I have a phone call with the LSA to advise.

h2g2

Not having a variation on the lease works in your favour. It would be them who need to vary the lease so leaseholders agree to parking charges.