Landlord / Managing Agents Introduced a Private Parking Firm in Block of Flats

Bobb12345

I have checked the forum and haven't seen anything that relates to a situation I'm currently in. 

I own a flat in a block of flats and it comes with a parking space. I need to display a badge in the window of my car to state that it's the parking space I own. I understand these badges were introduced about 6 years ago and tenants were consulted. However, these badges weren't enforced by anyone. They just stated you had a right to park in a space. 

Fast forward to last year, and a private parking firm has now been bought in, in order to police the display of these badges. Am I right in thinking that legally, there should have been a second resident consultation with regards to whether or not the private parking firm should have been introduced?

If it's not legal, what rights do I have as a tenant moving forward in order to get the private parking company removed from the block of flats? There is a key fob entry system to get into the parking anyways, and so it's my view that it isn't any external vehicles that are being targeted by the private parking firm, but the residents themselves, who may have forgotten to keep their badge displayed. 

Many thanks in advance.

LDast

Landlord & Tenant Act

https://www.legislation.gov.uk/ukpga/1987/31/section/37

Section 37 5(a) or 5(b) applies

Coupon-mad

Bobb12345 said:

I have checked the forum and haven't seen anything that relates to a situation I'm currently in. 

I own a flat in a block of flats and it comes with a parking space. I need to display a badge in the window of my car to state that it's the parking space I own. I understand these badges were introduced about 6 years ago and tenants were consulted. However, these badges weren't enforced by anyone. They just stated you had a right to park in a space. 

Fast forward to last year, and a private parking firm has now been bought in, in order to police the display of these badges. Am I right in thinking that legally, there should have been a second resident consultation with regards to whether or not the private parking firm should have been introduced?

If it's not legal, what rights do I have as a tenant moving forward in order to get the private parking company removed from the block of flats?

There is a key fob entry system to get into the parking anyways, and so it's my view that it isn't any external vehicles that are being targeted by the private parking firm, but the residents themselves, who may have forgotten to keep their badge displayed. 

Read this. Do you have a private landlord? Ask them if they will do the same as this person did, urgently, to see off this threat which interferes with their lease rights:

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

As a bare minimum, your bay needs opting out before it starts.

Failing that, give notice and move.

I'm not joking.

Tell your landlord you won't put up with a private parking scam targeting and charging residents and your visitors and interfering with the unfettered right to park you currently enjoy. Make sure the landlord knows this is about to unlawfully damage their rights as leaseholder.

h2g2

Bobb12345 said:

 I need to display a badge in the window of my car to state that it's the parking space I own. I understand these badges were introduced about 6 years ago and tenants were consulted.

Who says you need to display them? Is it somewhere in the leasehold agreement?

I would suggest a letter to the managing agent along the lines of what I've written below.

This is written generically for common forms of leasehold agreement - do check the specifics match up to yours, and if you can quite actually clauses and wordings it really helps.

Dear Sir/Madam,

RE: Parking charges at [address]

I am concerned about the recent appointment of [PPC name] at this address, with the apparent remit to issue parking charges to cars parked if the permit is not displayed, even to the rightful owner of that space.

Could you please explain what you believe the basis in law is for these charges? I have reviewed the leasehold agreement [note: do review your leasehold agreement first, to avoid embarrassment] and cannot see any basis for these charges.

As a leaseholder I have certain rights and obligations. My obligations include paying ground rent and management fee. So far as I can tell, the parking charge is not part of the management fee nor is it part of the ground rent, so I do not understand how I can be charged for parking (permit displayed or not) under the terms of the leasehold agreement.

While I do note my obligations also include complying with reasonable regulations [note: most leases include this but the wording varies - check yours] it is not a reasonable regulation to require paying parking charges. Such an interpretation would be an unfair term under the Consumer Rights Act 2015 (schedule 2 lists exemplar unfair terms, and item 15 is "the discretion to decide the price payable under the contract after the consumer has become bound by it, where no price or method of determining the price is agreed when the consumer becomes bound"). Similarly in the case Link Parking v Ms P C7GF50J7 [2016] the judge held that introducing parking charges conflicted with the right of quiet enjoyment, and would require an amendment to the leasehold agreement to be correctly issued.

Should you believe that these regulations do allow parking charges to be issued I should point out that the correct forum to enforce the leasehold is the First Tier Tribunal (Property) by the freeholder, not by creating an alleged debt to a private company to sue for in the County Courts. 

My rights include exclusive use of the parking space, so I do not see how anyone can monetize it by issuing parking charges without my express consent. The law also supports this view: the Protection of Freedoms Act 2012 (Schedule 4) is clear that parking charges may only be issued by the owner or occupier of land, or by someone authorised by them. My leasehold makes me the owner or occupier of my parking space, and I have not authorized anyone to issue parking charges on my space.

As a leaseholder with exclusive use of the parking space, I want to make it clear that I do not consent to you or anyone appointed by you using or entering my desmised properties, including to issue parking charges. I would consider that trespass, just as someone entering my flat to inspect my kitchen without my consent would be trespass.

I am also concerned that signs offer a contract to drivers licensing them to park on my land if they pay the parking charges. I do not consent to this and would like any signs offering a contract to park on my land removed. I am further concerned that the signs claim the right to access my personal data via the DVLA database. I did not consent to this, and cannot be bound by terms of the contract on the sign since I already have a contract (the leasehold agreement) allowing me to park.

Yours faithfully,

Coupon-mad

I think the OP is a tenant. Hence why I advised them to contact their landlord (the leaseholder) to object.

h2g2

Coupon-mad said:

I think the OP is a tenant. Hence why I advised them to contact their landlord (the leaseholder) to object.

They said they own the flat. Annoyingly "tenant" is the standard term for a leaseholder as well as someone on an AST.

lr1277

I am going to offer something from the other side. Feel free to take it or leave it.

I live in a block of flats near a town centre with an assigned parking space. There is no barrier to enter the car park. So literally anybody could come and park in our space.

I once went to the gym and when I returned a few hours later, a builder had parked in my spot and point blank refused to move when I told him he was in my space. My space apparently was close to the flat he was working in. I didn't want to park in anyone elses space so went and parked off-site. That was a pain.

Also there is one visitor's spot and a car would stay there for weeks at a time. Then be replaced with another car which would stay for weeks at a time. Speculation was that it was some kind of car dealer using the space for storage. This annoyed many of the other residents, especially the directors (see next sentence).

All the owners can apply to be directors of the block. Only a few do so. The directors in conjunction with the managing agent to hire a parking company. Now every owner gets a badge. You can get a replacement badge for a cost. Also contractors can come and park with a code given to them by the owner/tenant. A resident can get a code from the parking company for free. It has to be a company who can be contacted. This scheme is not for friends to park. If you want friends to park, you can buy a book temporary permits, though I think this might be only for the visitor's space.

In my mind it works a lot better. A car permanently in the visitor's space is now gone. My space is empty when I return to it.

From reading these boards, I am aware anyone who gets a fine can ignore it But like I said it seems to have improved matters.

h2g2

Good for you lr1277, but in my block of flats it's a complete cluster-thingy.

Some residents have paid over £500 for parking on land they legally own, with no legal basis. The management company take the view that they can legally charge us whatever the hell they want and if we disagree with that we can go get a lawyer. (We did. It's going to spicy.)

Visitor permits are pretty pricy, despite the fact that is also unlawful (Saeed vs Plustrade).

Our car park is gated so it wasn't even necessary.

It's a pure, probably fraudulent, money grab in many situations.

There possibly is a case that dealing with unwanted parking on your own land is difficult. If you have the option to install a lockable bollard that may be the most cost-effective route. Alternatively, the van driver is trespassing and you can obtain remedies for that by evidencing the trespass (i.e. get photos, plus whatever else you need), and then writing a letter before action asking to be reimbursed for whatever costs you incurred and reasonable compensation for the trespass itself. If they refuse to pay you can take that claim to the county court.

It is possible, even as a private citizen, to obtain keeper's details from the DVLA if you can demonstrate trespass to them.

Half_way

lr1277 said:

I am going to offer something from the other side. Feel free to take it or leave it.

I live in a block of flats near a town centre with an assigned parking space. There is no barrier to enter the car park. So literally anybody could come and park in our space.

I once went to the gym and when I returned a few hours later, a builder had parked in my spot and point blank refused to move when I told him he was in my space. My space apparently was close to the flat he was working in. I didn't want to park in anyone elses space so went and parked off-site. That was a pain.

Also there is one visitor's spot and a car would stay there for weeks at a time. Then be replaced with another car which would stay for weeks at a time. Speculation was that it was some kind of car dealer using the space for storage. This annoyed many of the other residents, especially the directors (see next sentence).

All the owners can apply to be directors of the block. Only a few do so. The directors in conjunction with the managing agent to hire a parking company. Now every owner gets a badge. You can get a replacement badge for a cost. Also contractors can come and park with a code given to them by the owner/tenant. A resident can get a code from the parking company for free. It has to be a company who can be contacted. This scheme is not for friends to park. If you want friends to park, you can buy a book temporary permits, though I think this might be only for the visitor's space.

In my mind it works a lot better. A car permanently in the visitor's space is now gone. My space is empty when I return to it.

From reading these boards, I am aware anyone who gets a fine can ignore it But like I said it seems to have improved matters.

not fines and they should/must not be ignored.
the best way to protect your space is with a physical barrier, gate or collapsible bollard

Ralph-y

" I am aware anyone who gets a fine can ignore it" 

wrong !

"But like I said it seems to have improved matters."

what happens now ? the PPC has to make money some how .... they will now start to target the residents for minor issues ....

good luck

fisherjim

I personally would not use the word "regulations" they cannot impose regulations it makes these greedy muppets look too legitimate.