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Parking charge notice, From Parking Control Management (UK) Ltd
Jruss42
post Tue, 3 Apr 2018 - 22:04
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I would really appreciate some sound advice as I have been searching the web and YouTube clips regarding a parking charge notice.

Ok, some background. The landlord is an housing association and live in a flat with parking provided on an estate. Recently, the landlord knowingly or unknowingly has allowed cleaning contractors to park their vehicles in the resedential areas and occupying a number of spaces and thus reducing the allotted spaces for paying tenants. This has been disputed with the landlord who has agreed this is unacceptable and are in the process of addressing this.

Now the concerns. returning home Late one evening approx. 2 am in the morning and unable to find any parking spaces on the estate due to contractor vehicles occupying spaces And therefore had no choice but to park in the only bay available (which was a disabled bay). In the morning, making sure to get up early and move the vehicle to not cause any issues with those that might require it. Returning at 7 am in the morning only to find a parking charge notice. The details of this ‘invoice’ was issued at 4 am in the morning. Reason for issue: parked without clearly displaying a valid PCM UK LTD permit (at time of enforcement). Charge is £100 discounted to £60 if paid within 14 days. Photographic evidence was taken and provided.

Now, as I said earlier, The car was parked in the disabled bay as 14 spaces were occupied by business vehicles to which they do not have written permission to do by the landlord.

The land is private property belonging to my landlord who has also allowed PCM to operate and enforce.

I have read and searched and so on and I have also read the first read this before posting etc. Very helpful and really good advice.

So, there are plenty of signs and are visible. The markings are clear. Even though this is the case, and I have no doubt that the landlord will just say it has nothing to do with them after they address the issue of the contractors vehicles and say I have to dispute this with PCM.

I have in my panic gone to their website and clicked on the appeal web form so I can inform them I refuse to pay and I did not provide my details (name, address etc) and therefore I am not appealing but telling them I refuse to pay.

what I want to know. Plain and simple, should I pay? I have no contract with them, I do not accept any offer, the invoice value is not justified.

Also, should I ignore all correspondence from now on in?

As far as I am aware their invoice is not enforceable.

Apologies if this is not making any sense but I am sick to death with stressing over this, it’s the principle of this that I am fighting this and will go all the way.
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post Tue, 3 Apr 2018 - 22:04
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cabbyman
post Tue, 14 Aug 2018 - 18:42
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Well done!

There is nothing that leaps out from that lease that restricts your parking on the property provided you are not obstructing roadways, etc., per sec D19.

Do you also have a separate page/schedule detailing what you are renting? eg; 'the property known as xxxx and common parts, car parking.....' or similar. It would be handy to know the precise wording of that, without the precise address, of course.

I think, looking at that, you should be able to tell PCM to go whistle, so to speak. At this point, it's looking good. Let's see what others have to say.


--------------------
Cabbyman 10 PPCs 0
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Jruss42
post Tue, 14 Aug 2018 - 19:39
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Hi,

I haven’t come across anything like that that was in the tenancy agreement pack. There was another page to that tenancy agreement document but that was the signed agreement which has sections on one page:

The tenancy agreement is between ‘landlord’ and tenant.
The tenancy is for the property at ‘address’
The people who may live at the property are
The charges you must pay
The date the tenancy starts
Declaration

Within the welcome pack there where documents like complaints procedure, your rent, about your tenancy and compensation policy & procedure etc. But a lot saying about pets, rubbish assault on staff etc.
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nosferatu1001
post Wed, 15 Aug 2018 - 08:56
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D26 states other regus may apply, but you woudl get a copy at the start - did you?

There is nothing in there allowing them to vary the estate rules or regs
Meaning a third party cannot do so, for sure.

E1 is fairly clar on your rights.
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Eljayjay
post Wed, 15 Aug 2018 - 15:38
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Paragraph 19 (Vehicle parking) says nothing about any parking spaces being reserved for the disabled.

If that is said in regulations made in accordance with your tenancy agreement, you may be in breach of the tenancy agreement. In my opinion, however, that would be a matter to be resolved by the parties to the tenancy agreement, and the parking company is not one of them. The remedy would be for your landlord to seek damages from you and/or an injunction against you not to repeat the breach.

At common law, a contract does not confer rights on third parties, i.e. persons, such as the parking company, who are not parties to the contract. That can be overridden provided that a contract contains a clause allowing a third party or third parties to enforce some of its terms, but I cannot find such a clause in your tenancy agreement.

It is perverse that, by inviting the parking company to operate on the land, someone has turned a car park intended for use by residents into a car park available to any Tom, Dick or Harry willing to pay the exorbitant parking charge. I suspect the right judge might find this to be a derogation from grant of the residents' rights to park there.

The reduction in the number of parking spaces seems to be a derogation from that right.


This post has been edited by Eljayjay: Wed, 15 Aug 2018 - 15:42
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Jruss42
post Wed, 15 Aug 2018 - 17:58
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QUOTE (nosferatu1001 @ Wed, 15 Aug 2018 - 09:56) *
D26 states other regus may apply, but you woudl get a copy at the start - did you?


Hi, many thanks for reviewing this and providing advice.

The answer is no. I was never given anything of the sort I.e. no rules given with the welcome pack at the start of my tenancy. I have been living here since 2004 and PCM have only been operating for 1 year.
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Eljayjay
post Wed, 15 Aug 2018 - 18:11
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Read Pace Recovery v Mr N in the Case Law section of the Parking Prankster’s website.
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Jruss42
post Wed, 15 Aug 2018 - 18:21
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QUOTE (Eljayjay @ Wed, 15 Aug 2018 - 16:38) *
Paragraph 19 (Vehicle parking) says nothing about any parking spaces being reserved for the disabled.

The reduction in the number of parking spaces seems to be a derogation from that right.


I have evidence , pictures of contractor vehicles occupying 14 plus spaces over the weekend of the incident and had been for months on end Reducing parking spaces for residents. To add to this, other areas where residents did park their vehciles - I.e. down the side road on curbs etc. - were yellow lined forcing residents to park in the parking bays. If you can imagene, by yellow lining these areas, and vehicles now parking in these bays, and then contractors parking in them occupying 14 bays, then when they are taken up where do residents park!

As I had said to my landlord, you addressed the parking situation by yellow lining areas not for parking, but did not provide more parking bays, and allow contractors to use these spaces.....derogation from grant...
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Jruss42
post Wed, 15 Aug 2018 - 18:36
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QUOTE (Eljayjay @ Wed, 15 Aug 2018 - 19:11) *
Read Pace Recovery v Mr N in the Case Law section of the Parking Prankster’s website.


Very interesting read and I can relate. My tenancy agreement (contract) gives me the unfettered right to park my vehicle in the parking spaces provided without the need to display a permit.

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Jruss42
post Wed, 15 Aug 2018 - 18:59
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So it looks like I just sit tight now and await the letter of/before action/claim!

Anyone know roughly any time scale before this arrives considering my current situation I.e. PCM demand for payment in April, Trace demand for payment as of August etc.

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Eljayjay
post Wed, 15 Aug 2018 - 19:29
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It could be at any time within six years.

It will probably be much quicker than that, but it could still be many weeks away.

They would much prefer to wear you down without taking court action.
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Jruss42
post Tue, 21 Aug 2018 - 16:38
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Hey Guys,

So i got a response from my Landlord Cc'ing my MP regarding the parking situation.

Unbelievable in their response. They say, the contractors vehicles were their for a short time, which is not true they were there for months on end and were left their over many nights. Residents had been complaining for months about it and they did not listen. When i Complained they removed them all. Parking is for residents not contractor vehicles. So much B*****T spoken here.



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Eljayjay
post Tue, 21 Aug 2018 - 18:09
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Yes, a huge amount of cattle dung.

The use of the word "fine" says it all really.

In case this goes any further, make sure you keep that letter because it shows how stupid an individual with a job title like "Assistant Director" can be.
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Jruss42
post Tue, 21 Aug 2018 - 18:35
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yes I did think that I mean to use the word illegal! I am not sure he knows what the word actually means. Is parking in a disabled bay really illegal .... I think not! Has a criminal offence been committed? NO. So how is this illegal. Where’s my dictionary ......

And don’t worry, i keep everything.

I’ll be honest, I was not expecting the landlord to over turn this decision but his pathetic attempt to explain to my MP their position is laughable.

This post has been edited by Jruss42: Tue, 21 Aug 2018 - 18:40
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Eljayjay
post Tue, 21 Aug 2018 - 20:20
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illegal = contrary to or forbidden by law, especially criminal law (compliments of Google)

fine = A fine or mulct is money that a court of law or other authority decides has to be paid as punishment for a crime or other offence (again, compliments of Google)

A parking charge notice is simply a invoice, nothing more and nothing less. In your case, it is simply an invoice which you have challenged because the parking company and your landlord have failed abysmally to convince you that you owe them any money.
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Jlc
post Tue, 21 Aug 2018 - 20:42
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It's either a contractually agreed charge or 'damages' due to breach of contract.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Wed, 22 Aug 2018 - 07:58
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I would suggest you write to your MP and correct the many "mistakes" in that letter

Point out that THIS is why you need Greg Knights Bill to go through - unscrupulous parking firms where teh landlord refuses to intercede on residents behalf.
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Jruss42
post Sat, 15 Sep 2018 - 19:59
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appreciate the help

This post has been edited by Jruss42: Sat, 15 Sep 2018 - 20:00
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