Hello. I really appreciate that this forum exists and I hope someone can give me some advice on how to proceed in this situation.

I recently received a CPM Parking ticket for the car park of the flat where I am a leaseholder. I was away at the time and the building management company had told me (in writing) that they would inform me (and all lease holders) when a new parking management company took over the car park.

Needless to say they didn't. They are also saying that the parking company did a mail drop explaining the new system. Apparently they did but I didn't see it, I have seen another copy and it was addressed to the occupier not the leaseholder.

I called the parking company and they said they had a video of someone putting something through the door which they would email to me. This still hasn't happened but I imagine it just proves they put something through the door?

My building management company say they will not get involved in any disputes with the parking company - I imagine this is part of the contract they have with them as in the copy of the circular that was put around the block and it says that the landowners will not get involved in any tickets. If that even legal? My lease also says nothing about parking permits. As far as I can see there must be some kind of deal where the parking company get anything they can take and the management company will now not get involved.

Please can I have some advice about what to do next? Has anyone been in a similar situation please?

Good summary here.

What does your lease say?

Videoing delivery? Wow... (But that doesn't enforce a variation of your lease!)

As an aside, when the the signs go up relative to your parking. (i.e. if you were already parking prior to the signs then there cannot be any contract)

Thanks for that. I'll have a look.

That really is a wonderful thing I had never thought of - the car was not moved for a month so it was certainly there before the signs went up.
How can I prove that? Travel tickets?

Read the links in my signature for residetnail and templates.
All you need is there.

When you decide how to handle it drop a copy here before posting.

It would be good to see a copy of the lease in the meantime but you can bet your life it doesn't make any provision for you to pay a parking company for using parking bays you are entitled to.

Excellent! For starters you can tell them that. There cannot be any possible contract if you parked prior to the signs being erected. (Potentially as part of your own witness statement should it progress to court - which it might)

Any 'proof' would assist...

Your lease is THEdocument governing how you can and cannot use the property. It will state any specific actions you are obliged to undertake, having signed up to the lease.

Does the lease require you to partake in a permit scheme?
Does the lease require you to pay for a permit?
Does the lease require you to display a permit?
Does the lease require you to pay a PPC?

Some lowlife videoing another lowlife pushing an envelope through your door is NOT a variation of a legal document

Your lease probably includes something about the right to "quiet enjoyment" - which the PPC is trampling all over with absolutely no right so to do. Please do post up the (suitably redacted) details from the lease. There may well be useful words in there which we can hold against CPM

Your lease may identify your particular parking space, in which case COM is trampling [read: trespassing] on YOUR property and can be denied any further access.

Check Lynnzer's links and use that info as your starter for 10, post that up and wait for the knowledgeable members to offer more detailed advice.

Remember, CPM will have accessed and processed your address and personal data electronically. Since CPM should be perfectly aware they are tonking around on other people's property and, as such have absolutely no grounds to take any action of any kind in respect of you parking where you have every right so to do. In that event they WILL have committed an offence for which you can demand damages. The going rate seems to be £250-£750 for each occurrence.

Lots of people quote "quiet enjoyment" but you might need to be able to show your Mgt Company where they are wrong. And you might also want to make them aware of the problems they can face if they don't control the parking company.

Quiet enjoyment is a 'uman right - something we might scoff about, but it comes in useful when having to front up bullies and scam artists. The biggest scam artist here is the Mgt Compamy so you'll have to get onto them


See https://ukhumanrightsblog.com/incorporated-...ol-1-article-1/

I've finally had a good look at the lease and the only mention of anything that could refer to the car park is:

"The common parts: Means all (...) access yards, roads footpaths storage sreas and other areas and things (if any) included in the Estate provided by the Lessor fr the common use of Residents and their visitors and not subject to any lease or tenancy of any of the flats on the Estate.

The MGMT company have tried to absolve responsibility because they have a deal with the parking company I think.

I do have proof that the car wasn't moved and I was away before the signs went up and that the car wasn't moved.

The management company have signed a contract with the parking company, they are liable for the parking companies actions as much as the parking company is.

They may not want to get involved but they got involved when they signed that contract without any right to without protecting the leaseholders, you after all are their customer for their management work and they are not only trying to get you stiffed but may well be being paid for doing it (so ask what deduction form their management fees that payment will results in).

I'd be all over them like a very unpleasant rash.

I've received the NTK now, should I start to take on the parking company?

Frankly this sounds just like so much bullsh$t & typical of the lies told by lowlife PPCs like CPM. It's implausible that they would go to the extent of shooting a video of the parking weasel posting letters through the doors of all the residences,

And, as pointed out, it DOESNT MATTER
Putting something througha door doesnt magically make their bulls**t parking permit legitimate or in anyw ay override a contractual right already in possesioon

Yes you challenge the PPC. Point out you a) have an unfettered right to park and b) the permit was only displayed for their convenience, which you will no longer do. Inlcude an excerpt of teh lease

Then end with: I withdraw, as leaseholder of X space / carpark, any implied consent you have to enter the propterty occupied by my or visitors of mines vehicles. You must cease and desist, as your contract with the management company cannot alter ro remove my granted rights. Further interference iwth my lease willbe actionaable agsint you and your principle. I suggest you use other methods, such as a whitelist, to perofrm your contract.

I have received a reply from the parking company.
The management company are still trying to dodge responsibility!

Here is a scan of the letter, looks like a pretty standard rebuttal to me.
Asking me to appeal to someone else.

Here are the scans:
https://ibb.co/h13tbQ
https://ibb.co/iX6qO5

So now hit them with a claim for breach of the DPA and damages for trespass on property you have rights over. Add in the MA as co-respondent.

So repeat the previous charges and include an invoice even though they are saying they are blameless?

Well that's not the ma. That's the ppc. So has the ma dodged as well

Of course they don't say they're at fault. Seriously what were you expecting, a signed Confession?
You'll notice they don't actually address the leasehold right, at all. They entirely gloss over it.

Read, digest, amend and send.