PCN's issued on Private Freehold Bays

danojs7

Hi everyone,

Back on here with some new issues with these private car parking companies. This time CCPC.

We own a freehold house with an exclusively demised, numbered parking bay, clearly marked on our title. It is not a communal space. Around 2 years ago we moved in, and more recently, the estate’s Residential Management Company (RMC) informed us that they were bringing in a private parking enforcement company to patrol the whole estate — including our privately owned spaces.

Signs have now gone up, and we’ve been told we should register our vehicles to avoid fines. However, we (and a group of 4–5 other homeowners so far) have chosen not to register, as we do not accept the legitimacy of this scheme being imposed on our own property. We’ve received multiple PCNs (I have had 8 so far), which we've appealed — all rejected on the grounds that the development is private and the RMC claims authority over it.

They say the scheme is to benefit the estate overall, citing previous issues with communal spaces being misused, large vehicles causing damage, etc., and that the majority of residents supported the decision. We strongly question the legitimacy of this “majority”, especially as no formal vote or meaningful consultation was ever held with us or other owners we’ve spoken to. Many residents (particularly freeholders) were unaware this would apply to individual, deeded bays. To us, this seems like a money-making scheme with little transparency or real support.

Our title deeds mention that estate rules can be made “from time to time” — but only where they benefit residents. In this case, we believe the enforcement is detrimental, unreasonable, and possibly unlawful:

• We can no longer rent out our spaces

• We and our guests risk getting fined for parking in our own bays

• Enforcement agents are entering private land without our consent

One resident has already written to the management company — it took months for them to respond, and the reply was inadequate. We're now planning to:

• Send a jointly signed, formal response asking for enforcement in private bays to stop immediately

• Reach out to other residents to gauge wider support and gather evidence

• Appeal all PCNs through POPLA

• Seek legal advice (possibly exploring injunctions or declaratory relief)

We’re aware the parking firm might eventually try to escalate this via small claims court, so we want to be well-prepared.

Would love advice on:

• Challenging enforcement on private, freehold property

• Whether POPLA has been known to uphold this kind of challenge

• Misuse of DVLA data (we’re also considering reporting this to the ICO)

• Group action or practical steps for challenging these schemes

• Whether this could be a breach of property law (e.g. trespass, derogation from grant, interference with easements)

Thanks so much for any help — we really appreciate it.

Coupon-mad

Welcome!

Group action or practical steps for challenging these schemes.
Whether this could be a breach of property law (e.g. trespass, derogation from grant, interference with easements

Yes it is.

Read the thread by @h2g2 who has got together with others in their estate and is suing the RTM company with the help of Jackson Yamba of Contestor Legal.

And google Duchess of Bedford House case and read it. 

1505grandad

FYI  -  Even the latest unregulated ppss 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/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

The ppss CoP:-

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

I think it may well be worth complaining about the conduct of the PPC to the Competition & Markets Authority. They can issue fines for misleading behaviour, which includes failure to follow a code of conduct. I think this may be a pretty cut-and-dried case for them.

I think it would be worth appealing to POPLA with a copy of your title deed showing that you are the landowner. Sadly, they probably cannot tell the PPC to leave you alone.

100% complain to the DVLA and ICO about misuse of your data.

And to the DVLA, definitely give some umbridge about giving out driver details without evidence that the freeholder has authorised it, or with falsified evidence. The point of the Protection of Freedoms Act 2012 Schedule 4 and the point of the ATA system is to protect against exactly this kind of thing happening.

A formal complaint to the PPC - particularly if the POPLA appeal is upheld - as to why they issued PCNs without landowner authority would yield useful ammunition later.

If the PPC has seen a copy of your freehold and gives you PCNs anyway, this is probably a case you refer to it as "fraud". Having seen the freehold deed there is no way they can truly believe they have authority to continue issuing PCNs against you.

h2g2

By the way, @Kaizen2024 - a while back you said this:

Kaizen2024 said:

Not at all, just anti-those that disrespect the wishes of a landowner then complain when they incur the consequences.

Any idea why the PPC is imposing PCNs on a freeholder in this instance? Even rejecting appeals from the freeholder? I thought PPCs were here only to help landowners enforce their wishes?

Umkomaas

h2g2 said:

By the way, @Kaizen2024 - a while back you said this:

Kaizen2024 said:

Not at all, just anti-those that disrespect the wishes of a landowner then complain when they incur the consequences.

Any idea why the PPC is imposing PCNs on a freeholder in this instance? Even rejecting appeals from the freeholder? I thought PPCs were here only to help landowners enforce their wishes?

Ah, but .... Terry Szmidt (Capital Car Park Control) ain't one of his. Ready for the side-step?

kryten3000

h2g2 said:

By the way, @Kaizen2024 - a while back you said this:

Kaizen2024 said:

Not at all, just anti-those that disrespect the wishes of a landowner then complain when they incur the consequences.

Any idea why the PPC is imposing PCNs on a freeholder in this instance? Even rejecting appeals from the freeholder? I thought PPCs were here only to help landowners enforce their wishes?

Oooh oooh I can answer this one!  It's for the £££.