PCM UK - Allocated parking at home

tofrom

Hi all,

My flat (which I purchased several years ago) has designated parking spaced for each flat in the building. On my lease, it clearly states the parking bay assigned to me as part of the purchase.

The parking entrance originally had a barrier which was promptly broken. After months of no action, the building management company decided to instead hire PCM and require permits. Residents were not asked about this or signed anything.

The permits moved online only last year which has brought in a whole load of issues. My partner and I purchased a new car in June and registered it on the app (sippi). The validity length of the permit showed 12 months (still does when trying to add a new one) so I forgot about it as anyone would. 2 months later, I found letters in the mailbox (6!) for parking fines. Checked the permit on sippi which did show expired.. I have renewed it since. There is history of the previous "expired" permit with the same car reg on there.

I skipped PCM and emailed the building management company clearly outlining the issue and included the copy of the lease page which explicitly states the designated bay assigned to me. They have come back saying the contract is between the driver and PCM? Que? They have also asked if I have tried contacting PCM directly as he needs to know this before he can assist any further as a "third party".

Do I have a leg to stand on here? I simply do not understand how a private company can roll up and demand I pay them for parking in my space as stated on my lease.

Thanks all.

oldernonethewiser

Good news you don't have any fines, just invoices.

If your lease says it is your space then the PPC have no right to become involved in your space.

Smith2001uk

Someone will be along to help shortly i expect, but i do know they usually refer to what your Lease says because that trumps whatever PCM says.

So its probably best to dig that out and get the exact wording whilst waiting for help. i would look through the newbies sticky as i bet that's got info in it about PCM's and leaseholders.

knightstyle

Dig out the lease document and post on here EXACTLY what it says about your parking slot. Then one of the regular experts will give you advice.

Meanwhile do not call these fines! Do not contact the parking company saying who was driving etc. till you have advice on here.

Also look at the newbies section at the top of this board plus have a read of this https://parking-prankster.blogspot.com/2016/11/residential-parking.html

tofrom

Thanks for the replies.

Attached lease with the relevant section. It's only these 2 sections in the entire document.

GrumpyDil

That looks like a definition section so somewhere on the lease there should be wording about Parking Space and Parking Spaces outlining the rules related to them which would be helpful, although I very much doubt they will include any reference to needing to display a permit to use them.

tofrom

I'll have another scan through it this evening then.

1505grandad

" After months of no action, the building management company decided to instead hire PCM and require permits. Residents were not asked about this or signed anything."

FYI:-

Even the latest unregulated ppssCoP (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%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf

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.

tofrom

Thank you 1505grandad, I'll keep that bookmarked.

So frustrating how such a racket is allowed to run. I'm not the first in the building to raise this but many just opt to pay for it to avoid the trouble.

The "fines" are not even going back towards the building…! Someone is literally pocketing it. I ought to go knock on my neighbours doors demanding they pay up for parking in their spot without my approval.

tofrom

Hi all,

Had a further read through the lease. That (above) really is the only mention of parking…

Frustratingly I am now feeling I have gone about this completely the wrong way. First the letters were missed (to be honest no excuse here - only that I thought I was valid for 12 months). When I finally saw the letters, I first opted to write a 'strongly worded' email to the management company and ignore PCM altogether. Mistake? By the time the useless management company replied, the 28 day appeal period for most of the tickets had now elapsed.

Wish I had found this forum and the sticky straight away… my own hubris letting me down.

Should I just dig in and wait for this to go to court or did I screw myself over more than worth the trouble? (The trouble being 6 tickets all of which are now past their bribe fee stage).

h2g2

If you feel like going on the offensive you could write to them asserting your rights as the legal "owner or occupier" of the relevant land, and telling them to stop trespassing - including by chasing parking charges - and remove signs offering a license to park on your land. And then apply for an injunction if they refuse.

They're demanding the money in their own name, so don't get redirected to "their client" - it was (per the Code of Practice) their responsibility to make sure their client was properly authorised.