PCM PCN - Leaseholder loading luggage and twin toddlers outside own block

StBernardsGate

Hi everyone,

I've been reading through the excellent advice on here and would really appreciate some guidance.

I'm a leaseholder on a Peabody-managed residential development. I have an allocated parking bay (BC-13) which is some distance away between another building.

On the day in question, I moved my car from my allocated bay to the front of my building solely to load up before leaving on a trip.

The sequence was:

• I had already taken our suitcases down to the lobby beforehand to minimise the time.
• I moved my car from my allocated bay to the front of my building.
• I loaded the suitcases.
• I returned upstairs via the lift to collect my twin toddler boys.
• I brought them down, secured them in their car seats and left immediately.

I was not using the area as a parking space and had no reason to, as I already have my own allocated bay.

PCM did not place a windscreen ticket on the vehicle. The first I knew about it was the Notice to Keeper through the post.

I appealed, explaining that I was engaged in the continuous process of loading luggage and boarding two young children, but PCM rejected the appeal saying the vehicle was parked outside a marked bay and therefore breached the parking terms.

I've seen Jopson v Homeguard mentioned on here and wondered whether that is relevant to my circumstances.

A few additional points:

• The development is managed by Peabody, who appointed PCM.
• I am a leaseholder, not a tenant.
• I have not yet checked the wording of my lease regarding parking rights but can do so.
• My wife texted me "On the way" at 11:25, which helps establish the timeline.
• There was no intention to leave the vehicle there any longer than necessary; it was simply the practical way to load luggage and two young children before departing.

My questions are:

1. Is this a case worth pursuing further?
2. Should I appeal to the IAS or ignore that stage?
3. Should I instead focus on getting Peabody to instruct PCM to cancel the charge?
4. What sections of my lease should I be looking for that might assist?

Many thanks in advance for any advice.

Gr1pr

1 yes, definitely

2 possibly

3 DEFINITELY

4 anything to do with parking etc, or no mention of any rules

Yes Jopson vs Homeguard probably applies, in a court claim , loading and unloading is not parking

Car1980

Yep, dig out that lease for us.