Advice re Parking fine in allocated bay - Solicitors now hounding me

ljs_1985

Hi, I am a leaseholder on a flat which was sold with an allocated parking bay and no parking restrictions/management at the time of purchase.

In 2015 i got a letter from PCM (Parking Control Management Ltd) to say that they had been appointed by the Freeholder (Adriatic Land)/Management company (Gateway) to implement parking restrictions, they gave me a permit for my space and put signs up around the car park.

I challenged it with the Gateway and the lead of the residents association who said this was a positive and had been done to protect residents by stopping students from the nearby college parking in our spaces. There was never any information about being able to opt out.

In 2024 my permit got wet and disintegrated, I contacted PCM to advise I didn't have one to present and requested a new one, but that night (I'd suspect intentionally) I got a fine for not displaying the permit. You guys gave me really helpful advice at the time and I ignored all chasers (about 20 of them) and didn't pay the fine. I also then on your advice asked if I could opt out, and the answer was yes, and so I was opted out with one simple email which i would have done years ago had they made it clear that it was optional.

I've now started getting letters from Moorside Legal saying that they've been appointed to collect my debts and that they'll take me to court if i don't pay. Should I just continue to ignore these letters too? I have complained to my management company but they've said there's nothing they can do as I wasn't displaying a permit and therefore the fine is warranted (so much for wanted to protect the residents!).

Any advice welcome.


NB:
I've looked at my lease etc and can see the following mentions of parking

• In the interpretation and definition section at the start of the lease is says "Allocated parking space" means the parking space numbered 14 and shown edged green on the plan and being one of the car parking spaces or such other parking space as the landlord may allocated from time to time if it becomes reasonably necessary to do so

• Schedule four : tenant's covenants with the management company, the landlord and other owners

16. Not to park or permit and vehicles of any kind on any part of the estate Communal areas or the car parking spaces other than on the allocated space.
17. Not to use the allocated parking space otherwise than for the parking of a single private motor vehicle or motor cycle which does not exceed 35 cwt. gross laden weight and which should be in a roadworthy condition, taxed and insured.
18. Not to park on the allocated parking space or on any part of the estate any commercial vehicle other than a light delivery van at reasonable times of the day fir so long as may reasonably be necessary for the purpose of delivering goods to and collecting goods from the property or carrying out repairs maintenance decoration or  small building works to the property such vehicle to be parked on the allocated parking space.


Schedule nine : rights granted to the tenant
5. Subject to the tenant paying the part C proportion of the tenants proportion the right to park a single private motor vehicle on the allocated parking space or such other space as may be allocated in place thereof by the landlord for the parking of a private motor vehicle or motor cycle which complies with the restrictions set out in paragraphs 17 and 18 of schedule four subject to any easement or rights granted or to be granted over or under the same to any authority.

Schedule eleven : The estate service charge costs.
Services to be provided and obligations to be discharged by the management company
Part C "The parking costs"
1. To maintain renew replace and keep in good and substantial repair and condition the car parking spaces
2. The repair and replacement from time to time and wherever necessary of the pipes wires cables stand pipes and all other types of service installations and related apparatus for the supply of gas electricity water and other services to the car parking spaces
3. such lighting of the car parking spaces as the management company shall think fit
4. Keeping the car parking spaces generally in a neat and tidy condition
5. The cost of providing a supply of water and/or electricity to the car parking spaces
6. The cost of maintaining a reserve fund to meet the costs set out in this Part C of schedule 11



I have also checked the title deeds doc I have and this only outlines my flat, not the parking space.

Brie

I believe the correct action at this point is to do nothing other than hang on to any evidence you have, like your request for a new permit.  

There will likely be a court letter at some point and that's when you present your case to the court and the normal thing is for the legal eagles to cancel everything just before the court date.  

Presumably the parking police have now supplied a new permit or accepted in writing that you have opted out?

James_Poisson

There was no "fine" and there seems to be no mention of any parking company in your lease about any private parking company being able to impose any additional fees to your parking space.

Further to this the statement below is contradictory to your situation:
I challenged it with the Gateway and the lead of the residents association who said this was a positive and had been done to protect residents by stopping students from the nearby college parking in our spaces.

If it is to "protect residents" why are the profit greedy parking company hounding residents in their own parking spaces.

lilac_dawn

Do you have RMC or RTM? If so, it could have been cancelled easily. 

Le_Kirk

When  you received the original letter from the management company, did they tell you when the consultation had been carried out and what the result was?

Car1980

Schedule nine : rights granted to the tenant

5. Subject to the tenant paying the part C proportion of the tenants proportion the right to park a single private motor vehicle on the allocated parking space

In the interpretation and definition section at the start of the lease is says "Allocated parking space" means the parking space numbered 14 and shown edged green on the pla

I have highlighted your right to park.

No obligation to display the fact you have this right to the freeholder, or any of his agents and no contract could be forcibly imposed on you to display this right, let alone charge a "penalty" for not doing so.

Coupon-mad

Send this (from your lease) to Moorside. Let's see what utter tripe they come back with!