PCN's received within residential car park

20011589

Hello,

Situation relates to a residential car park with flat owner as leaseholder that has a designated car parking space within the compound owned by the management company. Management company brought in NPC to manage the parking situation from 12/24 with DCB Legal now involved due to PCN's. I have now received 3 x Letters of Claim, each one including an additional parking charge resulting in 1190 now being claimed. I paid NPC 60 pounds to settle the first PCN issued 03/25 and incorrectly assumed that would settle the matter. I have contacted the management company 3 weeks ago and they have not had a response from NPC questioning their inconsistent conduct.

Thanks to this forum and the steps outlined in the FAQ, I do have a witness statement drafted once the court claim arrives but wonder if I should bother (I have the template from this forum) to engage with DCB Legal now or not to respond to their LoC? I have two days remaining to respond within 30 days and assume that the last Letter of Claim is now the valid LoC? 

Below is the summary of events.

The issue was that the parking permit was not displayed correctly in my vehicles windscreen, it was installed in the rear window. The permit was located in the rear screen since 12/24. Following appeal of the PCN, I accepted that I should have had the permit displayed in the windscreen prior and for this reason I paid the PCN for 60 pounds. Between 12/24 & 24/03/25, I received no PCN notices despite having my permit displayed in the rear window. Between 24/03/25 and 07/04/25, I received 7 PCN's with some being issued within 48hrs and others five days.

I question the integrity of NPC's behaviour as their actions are not consistent with their stated terms, why was displaying the permit in the rear window acceptable between 12/24 & 23/03/25 and then all of a sudden unacceptable after this date? Additionally the permit was visible in the rear window of my vehicle from 12/24 onwards and photographed in all PCN's issued from 24/03/25.

Thanks in advance for any opinions/recommendations.

Le_Kirk

Check your lease and see if it states that you categorically have to display a permit!  If the lease is silent on the subject of parking, the PPC cannot override the terms of your lease, i.e. no permit required.

20011589

Le_Kirk said:

Check your lease and see if it states that you categorically have to display a permit!  If the lease is silent on the subject of parking, the PPC cannot override the terms of your lease, i.e. no permit required.

Thanks for the response, lease does not mention it and was never updated post NPC taking over management of residential parking 12/24. They do have signage stating the need to display a permit but I have read detail linked in the FAQ that this may not be sufficient. Was planning to mention this as well when responding through MCOL should it come to it.

Half_way

What  does it say, if anything, about parking bays/areas/spaces?

You mentioned NPC taking over, what was there before and what was there when you moved in?

20011589

Half_way said:

What  does it say, if anything, about parking bays/areas/spaces?

You mentioned NPC taking over, what was there before and what was there when you moved in?

It does not stipulate any specific controls on residential parking other than highlighting the bay associated with the flat that the vehicle was always parked in.

Prior to npc, parking was managed by the management company with each flat having its own designated parking within the gated compound. Certain residents were parking outside of their spaces hence npc were brought in

Half_way

Does your flat /property have a designated bay?

Is this part of your lease/rental/freehold?

20011589

Yes has a designated bay and this designated bay is numbered on the lease. Property is a leasehold and I own the property.

1505grandad

"..............NPC taking over management of residential parking 12/24."

No doubt they followed rigorously the following in :- 

"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.

Coupon-mad

20011589 said:

Yes has a designated bay and this designated bay is numbered on the lease. Property is a leasehold and I own the property.

To be ready, you do not want a 'Witness statement' at first, you will need to use the template defence.

Search the forum for posts about this new landmark residential case:

Duchess of Bedford defence

...and also read the separate thread by @h2g2 who is suing their RTM company.

YOU DO NOT WANT OR NEED A PERMIT YO USE YOUR BAY AND YOU NEVER CONSENTED TO THIS SCHEME.

REJECT IT.

20011589

Thanks all. Yes I meant template defence and correct my leasehold provides a demised car park space with no mention of a controlled parking zone or local authority parking scheme. Will see what happens post this LoC and adapt

Coupon-mad

You need to opt your bay out.

You do NOT need a permit and the residents shouldn't have been passive and let this be inflicted on you all. Get together and get angry.

This scheme will reduce property values and make it harder to sell in future. They have interfered with exclusive rights in your lease. This is a flat 'no'. Read the landmark case.