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PCM LTD issued PCM even though parked in own space, Any advice greatly appreciated.
Peapoduk
post Thu, 26 Apr 2018 - 07:16
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Hello all, a newbie here. Any help and advice would be greatly appreciated.

I know this has probably been covered before but after a bit of reading I am little confused on what my course of action should be whether to ignore or communicate again with them.

I received a PCM last week. The background is that our management housing agency engaged PCM Ltd to manage our parking garage. This was because there was a lot of parking issues with non residents parking in spaces not allocated to them. Access to the parking garage is via key fob but the gate doesn't always close due to some residents messing with it.

We didn't receive a letter from the managing agent only a letter from PCM saying that they had been engaged by the managing agent and permits were given. I've lived here for 5 years and there was no parking permit system until last November.

To be honest I didn't question it as last year my brain was not fully with it, had a really prem baby so I was always coming and going to the hospital.

Anyways sorry I'm dithering I had my permit on my dashboard and when I closed the door it fell off. I didn't notice as I was distracted by my bubba crying. So when I came back to the car I saw the PCM and panicked so immediately like a fool I know appealed and revealed I was the driver. Naively thinking it was an honest mistake as I have rights to my space e.g. it's in my lease and it clearly states my parking space number and no where does it say about a parking permit.

So obviously my appeal was denied and they have said I could appeal to IAS.

Now I know now I should have done my homework and not engaged with them because they would have needed to send me a notice to driver (I think?)

I've been looking on MSE and parking prankster and a lot of what people have said is to ignore now after reading here there is advice I should engage with IAS? On the signs it says the managing agent has no sway on PCM being cancelled.

I'm not sure what to do and with a small bubba my anxiety levels have reached through the roof.

Any advice or help would be so gratefully appreciated.

Best wishes,

Peapoduk

This post has been edited by Peapoduk: Thu, 26 Apr 2018 - 07:26
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nosferatu1001
post Thu, 26 Apr 2018 - 08:21
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Nope, the notice on the car was the Notice to Driver, because the Driver can see it. The notice to keeper is what they would have sent.

You dont engage with the IAS unless you can prove your case 110%. Even then you will likely lose.

So, breathe. Calm. Relax. What does your RENTAL AGREEMENT or LEASE say about your parking rights, any rights over communal areas, etc? Back to basics - you were there BEFORE the scum were, so you likely have more rights than them!

You will need to look through this for ANYTHING to do with these common areas - dont just look for the word "parking". Also look for any rights by the MA to introduce new regulations, AND under what conditions they are allowed to do so.
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Peapoduk
post Thu, 26 Apr 2018 - 10:32
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Thank you so much for responding and being the voice for calm. I've tried to attach some bits of our lease but doesnt seem to work. So have just written the below of what I found.

The main bits I thought were relevant state:

Power to alter common areas of building
"The landlord shall have power at its discretion to alter the arrangement of the common areas of the building provided that after such alteration the access to the amenities of the premises are not substantially less convenient than before"

Notices
"A notice to be served under this lease shall be served in writing and shall be properly served upon the landlord at its registered office and or upon the tenant at the premises and shall have been deemed to have been made or delivered if left at such address or two days after being posted postage"

Easements and Rights
"The right to use parking space numbered 38 and shown on the plan annexed and labelled parking plan on the hard standing of the estate.

Third party rights
"For the purpose of the contracts (rights of third parties) act 1999 no one other than the parties to this lease and their permitted assigns has the right to enforce the terms of this lease

There is also the clause about quiet enjoyment which I've seen other posters write about.

There were other bits about bringing services to manage the communal areas but they seemed more to do with cleaning and waste.

With this info would I bring it to the attention of the managing agency?

I don't want to pay as it's so unfair but I'm scared of going to court if it comes to it.

Best wishes,

Peapoduk
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ostell
post Thu, 26 Apr 2018 - 10:46
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That looks as though you have an absolute right to park in YOUR parking spot and no third party has the right to modify the terms of your lease.

So look around for a suitable response in residential parking cases. Basically no third party has the right to alter the terms of your lease, your lease does not require you to display a permit in your space, you do this purely to enable the parking company to identify the vehicle as a residents vehicle and not with recognition of any legal requirement to do so, the parking space is your property and they are trespassing on that space, you already have the right to park in that space so there is no requirement for you to enter into another contract for the same space.

Post up for critique before sending.

Here's some more information


This post has been edited by ostell: Thu, 26 Apr 2018 - 10:50
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ManxRed
post Thu, 26 Apr 2018 - 10:55
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The way the parking 'fine' works is by them claiming you've breached a contract with them - in the form of agreeing to a set of terms and conditions on their sign.

Sadly (for them), in order to form a contract there needs to be an offer (of some goods or services, in this case parking in your space), consideration (of the terms), and acceptance (some notification that you've accepted the contract, e.g. by parking there and not driving off).

Now, the contract needs all three, but they fall at the first hurdle. They cannot offer a service to you which you've already been given through your lease anyway. Your lease gives you the right to park there, you don't need a contract from them offering you the same thing.

No contract = no breach = you don't owe them any money.

This post has been edited by ManxRed: Thu, 26 Apr 2018 - 10:56


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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nosferatu1001
post Thu, 26 Apr 2018 - 11:19
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Your resposne shoudl also include the term from your lease showing the rights to park. State that, should they continue to harass you, you reserve the right to take all remedies against them that you see fit, inclujding an injunction against further trespass on YOUR space.
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Peapoduk
post Thu, 26 Apr 2018 - 11:26
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Thank you so much will draft a response and post back here for review. Quick question would I address this to PCM or IAS because PCM have already rejected one appeal and told me to appeal with IAS.

Many thanks
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ManxRed
post Thu, 26 Apr 2018 - 11:33
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Don't send anything to the IAS.

Send it to PCM and copy the Management Company. It's not an appeal. You're TELLING them they are harassing you and that they need to back off, as they have no legal basis to pursue you.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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nosferatu1001
post Thu, 26 Apr 2018 - 11:35
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To PCM. I personally wouldnt try an IAS appeal; the odds are most definitely stacked against you, and they WILL find a way to reject your appeal.

It then hands a decision to the PPC to wave at a judge

Instead I would "reject" their rejection, reject their offer of IAS as it is well known to be biased against the appellant, promising to reject at least 85% of appeals. and instead require access to ADR that meets the requiremetns of the ADR regulations 2015. You suggest the Ombudsmen service as being suitable.

Note that, if they refuse this request, this will be unreasonable behaviour, laying them open to your full costs on an indemnity basis as per CPR27.14(2)(g).

In addition, as a leaseholder you have full rights to park there, as per the following excerpt (see attached...), and they have no ability to offer you any service and as such, ther can be no contract. The permit was only displayed as a courtesy to their attendant, and nothing more. They are instructed to cease and desist from trespassing in YOUR space, as demised to you, and to cease contacting you. Any further contact is considered to be harassment, for whcih Ferguson vs British Gas compensation will be payable.
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Peapoduk
post Thu, 26 Apr 2018 - 12:24
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Thank you all so much.

I've found a pretty strongly worded letter which I think i could amend and tailor to my needs and to possibly send. A lot of it i dont think relayes to me, such as breach of data because a numpty I gave them my details and I didn't apply to the IAS. I've found a bit about IAS and not appealing to them because they are biased so will also add that. Although how much legal jargon should be included? I'm going to send the letters in the post and see if I can find an email for PCM and then Cc the managing agent company who on reading my lease seem to be the same company.

This is the link:

https://www.scribd.com/document/348759693/L...-Ukcpm-Hairray# would this be too much?

Thanks again from a calmer mama bear
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nosferatu1001
post Thu, 26 Apr 2018 - 12:30
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Dont put in jargon you dont understand
If youre unsure, do some research smile.gif
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Eljayjay
post Thu, 26 Apr 2018 - 16:36
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Residential parking cases involving allocated parking spaces are often very winnable (by the defendant). You do, however, have to do your homework and, very often, persevere all the way to court. The parking contractor will be banking on you losing your nerve and backing down. That's how they make their money. Don't let them do it to you.

If you do end up receiving a County Court claim, quite possibly, you will want to make a counterclaim because, when a parking contractor finds itself up against someone willing to assert their rights, the contractor often tries to discontinue the claim just before the court hearing. Submitting a counterclaim prevents this happening.

Your lease is your greatest friend. I know you have looked at it, but you need to do it very thoroughly. If you can, get it scanned as a searchable pdf document - you need something better than the free version of Adobe for this. Then conduct a search for "park". Copy and paste every bit of the lease mentioning "park" into a new document.

Then go through it again to look for anything that makes provision for changes to the lease to be made or for rules and regulations to be added by the landlord and/or the management company. Copy and paste those bits to the new document.

Do the same again but, this time, looking for anything about "rights of third parties". Copy and paste again.

Search for "rent", "charge" and "permit". Copy and paste anything of relevance.

Do not just select extracts which suit your case, copy and paste everything of relevance. The reason for this is that, if the parking operator gets a copy of the lease, you need to figure out how to defend yourself from extracts that they throw at you.

On each search, go though the lease from beginning to end.
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Peapoduk
post Thu, 26 Apr 2018 - 19:14
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Thank you for all your advice. Will report back with my letter tomorrow for review. Will go through my lease again and try and find a programme which will make my lease searchable.

Hopefully will be able to draft something once all my little uns are asleep.
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The Slithy Tove
post Sat, 28 Apr 2018 - 17:45
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While most of the extracts from the lease have been covered, as also mentioned, there are often catch-all clauses, of which you have found one:
QUOTE (Peapoduk @ Thu, 26 Apr 2018 - 11:32) *
Power to alter common areas of building
"The landlord shall have power at its discretion to alter the arrangement of the common areas of the building provided that after such alteration the access to the amenities of the premises are not substantially less convenient than before"

Fortunately the last bit is to your advantage even if someone claims that can alter the terms of your parking. I would say that having to display a permit and then being expected to pay a third party money for not doing so is definitely less convenient than when it was not expected.
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SchoolRunMum
post Sat, 28 Apr 2018 - 17:49
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I would do an IAS appeal v PCM:

http://forums.pepipoo.com/index.php?showto...p;#entry1378211

I think they are worth targeting with lots of evidence as they seem to fold more than others (and a lost IAS appeal does no harm).
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Peapoduk
post Sun, 29 Apr 2018 - 19:44
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Thanks again everyone, been a bit tricky to draft a reply with three little uns but the two older sprogs will be in school tomorrow. I'm drafting a letter now, there is so much material so just pulling it all together and will post back for review soon.

Cheers,

Peapod
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Peapoduk
post Wed, 2 May 2018 - 12:13
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Hello guys, me again.

I have been drafting this reply for so long now but I'm almost there I think.

There is a clause however which I am unsure of as to whether it gives claim to PCM to claim for their fee as its in one of the sections under Service Charge

"all fees, charges and expenses payable to any solicitor, accountant, surveyor, valuer architect or other person that the Landlord may from time to time reasonably employ in connection with the management or maintenance of the Estate and the Building including the computation and collection of rent (but not including fees, charges or expense in connection with the effecting of any letting or sale of any premises) including the cost of preparation of the account of the Service Charge and if any such work shall be undertaken by an employee of the Landlord then a reasonable allowance for the landlord for such work.

any outgoings assessed, charged imposed or payable on or in respect of the whole or any part of the Estate and/or Building"

Would this clause be something PCM could argue that they are owed this penalty charge?

My thoughts were that the charge is not reasonable so goes against this clause anyway.

Any advice would be greatly appreciated.

Best wishes,

Peapoduk
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nosferatu1001
post Wed, 2 May 2018 - 12:24
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No, because the key is EMPLOY.
This charge isnt as a result of the landlord employing them to perform a task - such as erecting signs
Its an entirely separate CONTRACYT they claim THEY have formed with YOU. It has nothing to do with your lease.
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Eljayjay
post Wed, 2 May 2018 - 17:14
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If the parking agreement is between the managing agents and the parking company, there is a very good chance that it will not stand up to scrutiny.

Do you have a copy of the parking agreement? If not, ask the managing agents for a copy.

If, apart from the parking company, it is signed by anyone other than the managing agents, e.g. "Fred Bloggs, director of Freeholder Limited", check that Fred really is a director of that company. That is easy to do simply by visiting the Companies House website - use only the gov.uk version - type in the company's name, click on People and you will see a list of current and past directors. There is no charge for using the service. If Fred is not there, he is not what he claims to be. If Fred is there, if you wish, you can check with him whether or not it was he who did sign the agreement.

If it is just someone from the managing agents who has signed the agreement, ask to see their authority from the owner or occupier of the land to enter into the agreement on its behalf and demand an explanation from them as to how the parking scheme complies with your lease.

You mentioned that your lease gives you "The right to use parking space numbered 38 and shown on the plan annexed and labelled parking plan on the hard standing of the estate.". That being so, no-one else can be granted that right without your agreement. That means that the parking company cannot use the space for the purpose of its business. The parking company is trespassing every time it enters your space and you could send a cease and desist letter to it, saying something along the following lines:-

Dear Sirs,

You affixed a parking charge notice to a vehicle on <date> when it was parked fully in accordance with my lease in my own allocated parking space.

My lease grants me exclusive use of my parking space. As a result, you have no right to use the space for the purpose of your business. You are, therefore, trespassing every time you enter my parking space.

In these circumstances, I demand that you cease and desist from entering my parking space. Naturally, I also demand that you cancel your parking charge notice.

Yours faithfully,

This post has been edited by Eljayjay: Wed, 2 May 2018 - 17:19
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Peapoduk
post Wed, 2 May 2018 - 21:26
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Hi all,

I have finally put together a first draft, I know it is long so please bear with me and I appreciate all your help and apologies, working on lack of sleep so there are probably spelling, format and grammar mistakes. Titles that probably don't make sense etc because I've used several examples of other letters and responses which probably shows what a newbie I am.

I also have a couple of questions, a lot of the things I have read have noted the use of Landowner but on my lease it says Landlord. In one of the prescribed clauses it says "The land demised is held by (or in trust for) Paradigm etc etc but does not mention landowner. What term should I adopt for Paradigm?

I have just seen something about forbidding signage which I was unsure of but now I have seen that signs that say you need a permit to park is forbidding? Is this an argument I could also make and add?

*Hi Eljayjay I don't have a copy of the parking agreement, I'll ask Paradigm tomorrow.

Many thanks again for all your help.

PeapodUK

------------------------------------

Without prejudice

Parking Charge Notice - xxxxxxxx]

This letter serves a dual purpose, (hard copy sent in the mail to both landlord and Parking Control Management (UK) Ltd) it is a formal challenge to your claim that I am a liable pursuant to a breach of contract to pay you the sum of "£100, but reduced to £60 if paid within 14 days" and to put you on notice that if you continue with this claim then I reserve the right to take all remedies against you as I see fit. Please cease and desist from trespassing on my parking space and furthermore any further contact pertaining to this claim (unless stating that the PCN has been rescinded) will be considered harassment and compensation will be payable for the unduly stress and anxiety this has caused my family and I. Note in the case for which Ferguson Vs British Gas (2009) compensation was paid.

Secondly, to reject the use of your suggested "independent" appeal system 'IAS' (due to your own appeals system being flawed) which is well known to biased against the appellant, promising to reject at least 85% of appeals and has been exposed in Parliament as compromised by a conflict of interest with the IPC. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). Instead, I would like to use the Ombudsman service which meets the requirements of the ADR regulations 2015.

I deny I am liable for the entirety of this claim for each of the following reasons:

1. Authority to park and Primacy of Contract:

1.1 On 1st August 2012 I purchased from Paradigm Homes Charitable Housing Association Limited (" the Landlord") (together with my partner) a lease of address XXXXXX and a parking space (referred to below separately "as the Flat", "the Parking Space" and together as "the Property").

The Leasehold title to the property was registered in our joint names shortly after the completion of the purchase on the 1st August 2012. By virtue of the lease I purchased the leasehold title to the property for a term of 125 years. The Property, as set out above, comprised both the Flat and the Parking Space - the latter was clearly defined in the Lease (see attachment) as part of the demised property and was clearly identified in the plan appended to the lease as shown on page 37, Schedule 3 - Easements and Rights which states the following:

"The right to use the parking space numbered 38 and shown on the plan annexed and labelled 'parking plan' on the hard standing within the Estate"

Even if the Landlord is permitted to impose such restrictions i.e. the employment of a parking management system, they are not entitled to impose on me a contractual relationship with a third party (you) nor to require me to pay a set charge (in this case £60 which has risen inexplicably to £100) for any failure to comply with those new restrictions. If the parking restrictions which the Landlord has sought to introduce do bind me, and if I have breached them, then you have no legal right to pursue me for any breach – that right belongs only to the Landlord.

Please see clause 14 pg 30 which refers to Third Party Rights - " For the purpose of the Contracts (Rights of Third Parties) Act 1999 no one other that the parties to this lease and their permitted assigns has the right to enforce the terms of this Lease"

1.2 Therefore, Parking Control Management (UK) Ltd signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. Therefore, I deny that you, Parking Control Management (UK) Ltd has any authority over my property and therefore I contend that you do not have authority to bring a claim. You do not own the land where the vehicle was parked, nor do you have any interest in the land and lack the capacity to offer parking.

1.3 I also refer you to a number of recent cases that have set clear precedence that my Lease has primacy of contract over any signage that Parking Control Management (UK) Ltd puts up as per judgements in B9GF0A9E Jopson v Homeguard [2016], C6GF14F0 Pace vs Mr N - [2016] and C7GF50J7 Link Parking v Ms P [2016].

1.4. In B9GF0A9E Jopson v Homeguard [2016], the exact question regarding terms in a lease was tested at Oxford County Court on 29/9/2016. The Jopson case is a persuasive decision, where Senior Circuit Judge HHJ Charles Harris QC found that Home Guard had acted unreasonably when issuing a penalty charge notice to Miss Jopson, a resident of a block of flats.

1.5 Furthermore, in the case of C7GF51J1 Pace vs Mr N [2016] District Judge Coonan ruled that any amendments to a leaseholder’s covenants regarding parking cannot be amended by a third party, they must be amended into the Lease by the landlord directly, in accordance with the terms set out within the Lease.

1.6 In the case of Saeed v Plustrade Limited [2001] EWCA Civ 2011 parking restrictions and a change which caused detriment to tenants and their visitors were held to be in breach of the well-known and well established principle that ‘a grantor shall not derogate from his grant’.

1.7 If using the case "The Parking Eye Vs Bevis (2015)" to defend this penalty charge, please note that this ruling refers to a commercial property and therefore irrelevant to this case as this is a residential parking space which is in a gated underground car park accessible only via a remote that is only issued to residents. The parking is not public. Therefore this charge is an unenforceable penalty based upon a lack of commercial justification.

1.8 There can be no ‘legitimate interest’ in penalising residents for using parking spaces which they own, under the excuse of a scheme where ostensibly and as far as the landlord is concerned, the parking firm is contracted for the benefit of the residents. It is unconscionable, contrary to the requirement of good faith and ‘out of all proportion to any legitimate interest’ to fine residents or their visitors for using the parking spaces they own.

1.9 The presence of you, Parking Control Management (UK) Ltd on the land will have supposedly been to prevent parking by uninvited persons, for the benefit of the actual leaseholders. Instead, a predatory operation has been carried out on those very people whose interests you, Parking Control Management (UK) Ltd were purportedly there to uphold. There is no regulation in our lease that allows the introduction of onerous parking regulations that bring no benefit, nor that allows a predatory parking firm, described in stark terms, to operation a business on our land and parking space. Therefore you, Parking Control Management (UK) Ltd have never had any rights to operate from the our demised land.

1.10 The simple notion that a contract can be formed from just displaying a permit is embarrassing and insulting, I have never received any benefit from the "management" of my space and have never agreed to it. For the avoidance of any doubt I only displayed the permit as a courtesy to show the other residents and the landlord that the driver is not a trespasser, however for the foreseeable future myself and my visitors who use my space will not be displaying a permit.

2. Mutual covenants between Landlord and Leaseholder

2.1 The rights granted to me are set out in Part I of Schedule 3 to the Lease and are not wholly relevant to this matter, save for clauses 1 and 2 of Part I of Schedule 3 which refer to "the right for the Tenant and all persons authorised by the Tenant (in common with all other persons entitled to the like right) at all times to use the Common Areas of the Building for all purposes incidental to the occupation and enjoyment of the Premises (but not further or otherwise)" and again as above " The right to use the parking space numbered 38 and shown on the plan annexed and labelled 'parking plan' on the hard standing within the Estate"

The obligations imposed upon me are largely irrelevant to this matter but I as the leaseholder must adhere to as defined, set by the Landlord and which are set out in Part I of Schedule 2. These obligations make no mention of any parking restrictions save for the obligations below in which I the leaseholder must comply with;

  • Not to park or leave any vehicle (including a caravan, trailer, motor home or boat) on any part of the garden adjoining or abutting adopted roads or footpaths;
  • Not to park any vehicle (excluding bicycles) other than a currently taxed private motor vehicle or motor cycle on the Estate and only in such areas as are designated for the
    parking of such vehicles.
  • No commercial vehicle (exceeding 15cwt unladen weight) shall be parked at any time on any part of the Estate except for the temporary use for the purposes of furniture
    removals or delivery to and from the Premises; and
  • Not at any time to permit any vehicle of any description belonging to the Tenant his family servants or licencees to be parked on the common parts of the Estate in such a
    manner so as to obstruct the Landlord's adjoining or neighbouring property.


2.2 Even if the Landlord can impose any new “regulations” (or amending/revoking existing “regulations”) under clauses 4.2, 5.5.2 and 6.4 which refer to the introduction of services to maintain and manage the Estate and Common areas, these "regulations" may only be introduced as "reasonably necessary or desirable in the interests of good management or for the benefit of the occupiers of the building"(5.5.2) and are “not substantially less convenient than before” (6.4) of the properties in the Estate, including the Common Areas, and clause 5.1 provides that they must also be compatible with the Lease, which contains the right of quiet enjoyment.

2.3 The introduction of a permit system, which imposes new obligations on residents and restricts their pre-existing rights, and which imposes an obligation to pay a set charge of £100 for any failure to comply is not, under any interpretation, a “regulation” which can be imposed pursuant to clauses 5.5.2 or 6.4 of the Lease: is not reasonable, it is not for the “use and enjoyment” of residents and it is incompatible with my right to quiet enjoyment of the Property. And in any event, such a “regulation” cannot unilaterally impose on me a contractual relationship with you, an unconnected third party. The intention of the permit system is clearly to discourage non-permit-holders from using the car park, not to penalise residents for exercising their rights – but that is what it is now doing.

2.4 The claim by you that there was a contract between us on 17th April 2018 is denied. First, for there to be a contract three elements have to be shown to be present: offer, acceptance, consideration. There was no consideration flowing either from you to me, or from me to you: as you cannot have offered me the parking facility which was already mine pursuant to the Lease, I cannot have gained any advantage because, again, I already had sole rights to the Parking Space pursuant to the Lease.

2.5 I do not accept that the introduction of any parking scheme of this nature is a “regulation” which the Landlord is entitled to impose by virtue of clause 4.2, 5.5.2 (or 6.4). I have already set out why above – it is not a regulation which is reasonable nor does it relate to the “use and enjoyment” of my Property and it is wholly at odds with my right to peaceful enjoyment of the Property, without interruption (clause 5.1 of the Lease). Even if the Landlord were permitted by 4.2, 5.5.2 (or 6.4) to introduce such a scheme, there is no provision by which either of them can compel me to enter into a contractual arrangement with you, nor by which you can compel me to pay a charge which is not part of the Service Charge, or the Additional Contributions thereto.

2.6 Since I have a good leasehold title to the Parking Space, and since neither the Landlord or you have any right to interfere with my leasehold rights other than in accordance with clauses 4.2, 4.4.2 and 6.4, you had no right to unilaterally impose upon me a contractual obligation to display a permit or otherwise pay them £100, nor to to enter onto my Parking Space to issue my vehicle with a PCN or for any other reason. By doing so you have interfered with my existing rights, and have committed an unlawful trespass. I must insist that you do not enter onto my space again for any reason. You do not have my authority, nor any lawful reason, to do so and such authority is not in the gift of the Landlord.

In summary:

  • You had no right to enter my Property on 17th April 2018. This unauthorised entry was a trespass;
  • The Landowner covenanted to give me uninterrupted quiet enjoyment of the Property and you have unlawfully interfered with my pre-existing rights to use and occupy the Parking Space which was demised to me by the Lease.
  • Whilst the Landowner is entitled by clause 4.2, 5.5.2 and 6.4 of the Lease to introduce “regulations”, these must be reasonable and must relate to the “use and enjoyment” of the Property and other properties on the Estate. The intention and meaning of these clauses is not so that they can restrict my use and enjoyment of the Property and impose unreasonable obligations upon me.
  • Even if the introduction of the new parking system is permitted under clauses 4,2, 5.5.2 or 6.4, neither clauses provides for the Landlord to impose a contractual relationship between me and a third party i.e. you (Parking Control Management (UK) Ltd) in relation to the Property, nor the right to impose a specific charge, payable to a third party i.e. you ( Parking Control Management (UK) Ltd ) for any breach of those regulations, nor does it permit them, or you, to impose onerous obligations in respect of the Parking Space to which I already had exclusive rights and the right to quiet enjoyment.
  • Whatever arrangements exist between you and the Landlord, they cannot interfere with, nor alter, the terms of the Lease. Furthermore, the intention of any agreement between them and you to manage the car park was clearly that it should be for the intended benefit of the permit holders – it would go wholly against its intention for it to empower you, Parking Control Management (UK) Ltd to charge and sue residents who are entitled to park.



The relief claimed

As a result of your actions, I have suffered damage and distress and should you continue to harass me I will seek an award of damages against you in respect of the following:

i. Tortious interference with my rights under the Lease (£100, a sum equivalent to the amount you are currently seeking to recover from me);

ii. Trespass (£100, a sum equivalent to the amount you are currently seeking to recover from me).

iii. Should you in the meantime issue further proceedings against me, I will make a counterclaim against you in the above terms. I will also seek costs against you (court fees plus my time at £19 per hour).


I also require you to do the following:

  • Please confirm in writing that you will not continue to pursue me for payment in respect of the PCN and the PCN is to be rescinded, any continued claim will be seen as harassment and I reserve my rights under the Protection from Harassment Act 1997.
  • I also require you to undertake not to enter onto the Parking Space again – whether or not the car parked in it is displaying a permit.
  • I also require you to cease processing my data immediately.


If you will not do any of these, then I reserve the right to seek damages and costs against you.

Documents upon which I will rely

You already have a copy of my first appeal and the PCN. I enclose a copy of the Lease and Deed of Covenant.


Yours faithfully,

This post has been edited by Peapoduk: Wed, 2 May 2018 - 21:36
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