ANOTHER ONE BITES THE DUST - a WIN against PCM (UK) ltd @ the County Court

egz23

PCM has been issuing their letters to MR instead of MRS, which I was sending back to the sender...unopened. PCM wanted £1100 for 5 unpaid PCNs over the last 4 years. Reasoning that the driver breached T&Cs of the Signage (Contract) for not displaying the permit in the residential car park. I used two points to support my defence:

 1. The claimant did not comply with Civil Procedure Rules Practise Part 16 s2.6(a) by using an incorrect Title - the Judge did not uphold this one. 

2. An easement for parking in any free parking space without restrictions under the Lease Agreement - the Judge dismissed the claim due to this point. 

The Judge awarded me £100 in compensation even though I did not claim anything (I rushed my defence due to a more prominent Court Hearing the day before).

The Claimant used Sadstones solicitors, but their representative at the court was a different person. He was good at navigating a losing case and asking me difficult questions, but he could not deny the primacy of contract.

I wonder what I could do to the Management Agent, who appointed PCM under my (as a leaseholder) protest. I am more annoyed with them than PCM as they are not parties to the lease agreement and have been very condescending about my right to unrestricted parking or dealing with PCM's demands.

ChirpyChicken

Gladstones*

Fruitcake

If you are a leaseholder, look up the requirements that need to be satisfied before a lease can be varied as defined in the Landlord and Tenant Act 1987, Part IV.
Ask when (never ask if) a request was made to vary your lease, and what was the result.

Send a cease and desist letter to the Management Agent and the PPC instructing them not to ticket your vehicles again. Quote the judgment and your right to quiet enjoyment as the reason.
 
Send them both a letter of claim, quoting the judgment you have just received, and state that any further occasions where they obtain and process your personal data will result in a claim for £250 for each instance being issued without further warning for DPA and GDPR breaches.

Get other residents involved. Do a leaflet drop and set up a fightback group to get the PPC kicked out, and the MA.

Complain to your MP about the recent judgment, and repeat each and every time it happens, and get other residents to do the same.

Sign the petition below and get everyone else to do the same.

Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament. - Petitions

Well done on winning this case.

Coupon-mad

Yay! Well done. Congrats!

ANOTHER ONE BITES THE DUST!

Now that battle is won, move into the war. Here is how leaseholders can kick out PCM:

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

KoalaMSEF

egz23 said:

I wonder what I could do to the Management Agent, who appointed PCM under my (as a leaseholder) protest. I am more annoyed with them than PCM as they are not parties to the lease agreement and have been very condescending about my right to unrestricted parking or dealing with PCM's demands.

Congrats on the win! 

Agree that MA is a bigger problem than PCM in the residential cases. They use the same strategies to PCM when it comes to issues like parking but not limited to parking, e.g., ignore the lease, refuse to observe it, ignore legitimate concerns, and failing due diligence or any form of formal processes, on the assumption that nothing can be done to them. Internal complaints will go nowhere, because from the bottom to the top, it is a chain of deflecting any complaints. Usually it requires external forces. Sometimes freeholders are willing to step in but rarely unless they may face legal challenges. Ombudsman may do something but in many cases doesn't. You can sue them but with energy and cost. 

This is exactly why such companies, PCMs or MAs, can get away with breaching the contracts, behaving badly, and failing all kinds of duties. 

Half_way

I wonder what I could do to the Management Agent, who appointed PCM under my (as a leaseholder) protest. I am more annoyed with them than PCM as they are not parties to the lease agreement and have been very condescending about my right to unrestricted parking or dealing with PCM's demands.

How much has this cost you in time and effort?

You could invoice them for your expenses and costs in time say at £17/hour ( for example)

ThorOdinson

Half_way said:

I wonder what I could do to the Management Agent, who appointed PCM under my (as a leaseholder) protest. I am more annoyed with them than PCM as they are not parties to the lease agreement and have been very condescending about my right to unrestricted parking or dealing with PCM's demands.

How much has this cost you in time and effort?

You could invoice them for your expenses and costs in time say at £17/hour ( for example)

£17 an hour seems very low. How would you calculate the rate?

Half_way

Based on how much you can claim in court for time, at up to £19/hour take it down a little, and it will make it seem more "reasonable" should you wish to push ahead with a court claim

egz23

Thank you for all your advice, MSE forum community! 
I am thinking to get other leaseholders and get all the parking charges collected by PCM(UK) over the last 5 years. 
When it comes to MA... I, really, feel hopeless as they have no legal responsibility for their bad choices or controlling behaviours. Leaseholders carry all responsibilities and costs for Maintaining the Estate. 
The only choice I have - to sell the leasehold property and move on

Nellymoser

My niece asked me to sign petitions about services charges. Although I don't pay any I signed as I know she does and it seems her cost is overpriced for service provided.

There's a few open this one
Create a new body to regulate landlord and freeholder service charges has attracted 6,043 signatures
If interested 

https://petition.parliament.uk/petitions?state=open
Enter Service charges in search bar

Well done on your win 👏 shame it doesn't solve the problem.

1505grandad

"The only choice I have - to sell the leasehold property and move on."

Just thinking out loud  -  would the problems you have had with the MA/ppc have to be included in any documents needed by the buyer  -  would it affect the price (downwards?)