PCNs from CPM for parking in my own space & Letter from BW Legal

Le_Kirk

You might also refer the MA to the Landlord and Tenant act and ask them when the ballot took place and what was the outcome!

WillowsPuppy01

Thanks all, for your comments and continued support. It really helps to know i'm not alone in this.

I'll be emailing back, pointing out all the inaccuracies etc in their reply, though they've clearly decided NOT to help me.

Not that i put *too much* stock in ChatGTP, but i fed those emails into their engine to check the legalities of what was said/claimed, and unsurprisingly, even AI thought the management agent was talking utter crap!!

WillowsPuppy01

I've drafted response to the email i received (and pasted above), and am posting it here should anyone be able to cast eyes over it before i send it. Full disclosure, ChatGPT did the heavy lifting, I just gave it all the particulars.

Thank you for your email.

I must clarify that a number of the statements made in your response are legally incorrect.

My lease is the primary legal document governing my rights in relation to the property, including the allocated parking space shown on the lease plan. That lease predates the introduction of the CPM parking scheme by over a decade, and it has never been varied by deed to introduce any requirement to display a permit or to comply with a third-party parking enforcement scheme.

A contract entered into between the freeholder (or its managing agent) and CPM cannot override or diminish rights already granted to a leaseholder. I am not a party to that contract, and it does not bind me. As a leaseholder with a pre-existing proprietary right to park in my allocated space, I do not enter into any separate contract with CPM by parking there, and signage cannot vary the terms of my lease.

It is incorrect to state that my lease has “no bearing” on this issue. In law, leasehold rights take primacy over estate regulations, managing agent policies, and parking company signage. The freeholder is not entitled to impose new obligations or restrictions that derogate from the grant made by the lease, nor to penalise the lawful exercise of rights granted under it.

Your description of the covenant for quiet enjoyment is also inaccurate. Quiet enjoyment is not limited to freedom from physical entry into the flat; it protects the leaseholder’s use and enjoyment of all demised premises and rights granted by the lease, including allocated parking spaces. Ticketing a leaseholder for parking in their own allocated space is capable of amounting to both an interference with quiet enjoyment and a derogation from grant.

You have also stated that cancellation “may” have been possible at an earlier stage, which demonstrates that CPM operate under the authority of the freeholder and/or its managing agent. As such, responsibility for their actions cannot be disclaimed.

For the avoidance of doubt, I do not accept that I am in breach of my lease, nor that CPM has any lawful authority to issue parking charge notices in respect of my allocated space. Any continued pursuit of this matter despite being on notice of my leasehold rights will be relied upon in any proceedings.

I again request that Premier Estates instruct CPM to cancel the parking charge notices issued in respect of my allocated space.

I've got to say, AI did a much better job of putting it succinctly and professionally than I would have.

Coupon-mad

It'll do. It isn't concise and I do detest the long words though. For that reason, it screeeeams ChatGPT!

I'd put it back through another AI and ask them to make it half as long and with fewer long words. It'll read so much better.

Le_Kirk

Shame they didn't mention the Landlord and Tenant Act 1987.

Half_way

change the word request  to instruct to make it an instruction, not a please can you if, its not too much bother type response 

WillowsPuppy01

Le_Kirk said:

Shame they didn't mention the Landlord and Tenant Act 1987.

I'll do my own research and add anything i think is pertinent, thanks for the reminder!

WillowsPuppy01

UPDATE:

Had my mediation call Feb 11. Held my position, and mentioned that there had been no 'Deed of Variation' issued to include the permit scheme in my lease. Call ended pretty quickly after that.

Skip forward to today; Notice of Allocation recived, hearing scheduled for June 1st. CPM have to file proof that they have authority over MY SPECIFIC space, or the authority to override the tearms of my lease, by April 21st (to myself and the court) and pay £59 by May 1st for the hearing to proceed. I need to file my WS and evidence bundle by the 18th May.

Still utterly boggled it's even got this far, but I guess it's good to have a timeframe at least.

Coupon-mad

"CPM have to file proof that they have authority over MY SPECIFIC space, or the authority to override the terms of my lease, by April 21st"

A canny judge stated that?

Please show us the Order.

Half_way

Possible UKPC vs Davey unfolding here?

And if there is anything, go after the Management company as well