Challenging a Parking Fine: Leaseholder Rights vs. NPC Permit Scheme

car_zebra1

I’m seeking advice on contesting a parking charge notice issued by NPC for parking in the space allocated to my flat. The management company recently introduced NPC to manage the car park, but they didn’t update the lease or consult leaseholders. The company did send permits to use but I forgot to put mine in my car in time and they sent a warden round on Day 1 of the scheme going live. I should have displayed the permit to avoid all this but I still think my lease rights take precedence here. My lease grants me use of the space, and there’s no mention of requiring a permit.

Despite appealing with evidence from my lease agreement, NPC rejected my appeal, claiming their signage and permit rules apply to all vehicles. I then appealed it through the IAS and got a similar response from the operator, just referencing their signage and didnt address my points regarding my lease agreeement. 

I believe my leasehold rights take precedence, but I want to hear from others who have faced similar situations or have successfully fought such fines

Would appreciate any guidance, particularly on legal arguments or next steps!

Fruitcake

It is not a fine. 
You were never going to win an IAS appeal which is why the advice on this forum is not to bother with it.

Complain to the landowner/managing agent and state that you will not engage in any kind of derogation of grant involving a parking scheme that does not offer anything to which you are not already entitled. 
State that you may display a permit as a curtesy, but since it is not a requirement of your lease, not displaying said permit must not result in a parking charge for using your demised parking space.
Point out that any such scheme is a breach of your rights to quiet enjoyment.
Warn them that as principle, they will be joined in any court action if a claim is made against you by the unregulated private parking company they have engaged.

Get other residents involved, kick the MA out, and form your own, and kick the PPC out.

If you are a leaseholder, ask the landowner/MA when (not if) an application was made to vary your lease as required by the Landlord and Tenant Act 1987, Part IV that requires all landlords and leaseholders to be contacted, and requires a majority to agree to any variations of said lease. Look up the requirement and quote it.

Complain to your MP about this derogation of grant, interference with your lease/rights etcetera. When you do, also ask them when the mandatory parking code of practice will be introduced that is intended to stop this sort of thing from happening.

At some point you will want to send a letter of claim threatening legal action to both the MA and the PPC, before the PPC does the same to you. Every other resident affected should do the same.

Coupon-mad

Read the current court claim witness statements worked on this week/today by:

@taleb

@Buffalo18

Then go and read the case law used by them (the recent Duchess of Bedford House landmark case, plus older Appeal cases including K-Suktana v Plustrade and Jopson v Homeguard.').

You'll see!

You'd win in court. Get angry about this derogation from grant (Google it) that your Managing Agents have inflicted on you all.

You do not need a pseudo 'permit' scheme at all.  Due to how the rogue parking industry works, they are all about targeting residents & visitors. These are purely rip-off moneymaking schemes for the PPC only, and are never operated in the interests of the leaseholders and tenants.

Read this old but good explanatory blog by our friend Alex Shipp:
http://parking-prankster.blogspot.com/2016/11/residential-parking.html?m=1

Finally after all that initial reading(!) to then get an idea of what to say to your MA as a formal complaint, search the forum for a thread entitled:

PCM company introduced

A search finds it easily. I checked!

That thread includes a good letter sent by a group of angry leaseholders.  But do add the new landmark 'Duchess of Bedford' case into the mix and tell your MA they'd better seek legal advice if not cancelling all PCNs and sacking the parking firm.

Get your constituency MP to write to the MA and freehold owners and the parking firm too. Bombard them.  Don't take "not my remit" for an answer from a rookie MP.  Tell them that their party expects them to get involved in unfair/scam private parking cases, because of the long awaited and imminently incoming in 2025 (we hope) new statutory Parking Code of Practice.  It remains a hot topic for all MPs. 

Grizebeck

Injunction to stop them trampling on your unfettered rights.

1505grandad

FYI  -  even the latest unregulated CoP (soon to be replaced by a proper regulated PPCoP by the Government) recognise/acknowledge  this scam:-

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

THE SINGLE CODE OF PRACTICE

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.

Car1980

Show us the precise wording of your lease.

Presumably you could also revoke any implied rights of access to the land to any employee or agent of NPC.