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AngAle
Hello Guys,
First of all very many thanks to all of you for all the advice and pointers that this site offers;
Priceless for all of us who have to struggle through the complex difficulties the parking system in the UK seems to throw at the vulnerable.
In March my new car received a window ticket for not displaying a valid PCM permit at the time of enforcement in my residential/private car park.
The parking is managed by PCM (IPC member). There are no allocated spaces, no bay lines, and no signage at the entrance to the car park. The signage is attached to a small wall which forms a designated area for rubbish bins.
Between this wall and the car park there is an approximately 2,5 - 3 meters long hedge. The signage is not readable/clearly visible from the road (a distance approximately 5-6 meters) Also, you are simply unable to come closer and read it (because of the hedge attached to the wall).
Furthermore, the signage is not lit and completely invisible during the hours of darkness (that is when my car was parked).
There are 2 other signs on the small wall forming a line with the one from PCM in the following order:
1. Warning about fly tipping (white letters on a red background),
2. CCTV in operation, no dumping warning (big black letters on a yellow background),
3. PCM signage.
"The parking contravention” took place in late March in the night. The driver came from work at about midnight and had nowhere else to park. The Council’s resident bays, for which I pay, were all taken. There is a woeful shortage of these spaces.
The private car park has far too many free spaces. Just a few cars park over there during the night; during the day it’s practically empty.
I have been a resident at my current address for almost 4 years. I used to park my other vehicle, a scooter, in the same place for almost 4 years and never got a ticket. I never noticed that PCM signage!
I questioned my Landlord about this ticket. It turned out that the flat he’s been renting to me has the right to far more than 1 parking space! He had bought tickets, but forgot to give them to me. Unfortunately, my Landlord is not a reliable man and pretty difficult to deal with. I thought about asking the Landowner/Managing Agent to cancel my ticket. Sadly, my Landlord decided to declare a war on them. This is a second Managing Agent he is trying to sack. Worse, now he is saying to me that he is selling the flat. I really do not know how to bring the case to the Management/Landowner considering circumstances.
My fellow resident confirmed that I should not pay this ticket as I have the right to park here without any restrictions as a leaseholder, and a resident. I tried to phone PCM to clarify my situation on the day I found the window ticket, as she suggested, but no one was picking up the phone.
This is the first time I have to deal with a parking ticket and I am afraid it may jeopardize my job. I received NTK – they have not addressed me by my full name. I do not know what I should do now. Send a template appeal (from MSE Newbies) to PCM?
PCM claim on their ticket that: “ Charges are inclusive of VAT where applicable. PCM will use any data collected through the issuing of this PCN for parking enforcement and other associated purposes. All processing of this data will be in accordance with the Data Protection Act 1998.
Any help would be much appreciated.
PASTMYBEST
Ask a mod to move this to the private parking forum. hit the report button bottom left
The Rookie
What does your lease with your landlord say about parking?
Lynnzer
Read the links from my signature. Most anything you need to sort this out is on there.
The way I see it, without spending much time on it right now, is that the PPC is in breach of the DPA and is trying to dimi=sh youyr lease rights so it's a dmamages claim against them for sure.
Then the Managing Agent who contracted them is in line for a claim of damages for Tortious Interference. Both situations explained in my links with suitable letters in the templates you can amend for your use. Post here whatever you decide to send out though.
Eljayjay
This cannot affect your job. The worst that can happen is that you get taken to court, lose and end up having to pay. It is only if you do not pay after those steps have been taken that you could end up with a County Court Judgement for debt being awarded against you.

In the meantime, from what you have said about possible residential rights and poor signage, you can very probably defend yourself against the charge whether or not it goes to court.
AngAle
QUOTE (The Rookie @ Sat, 13 May 2017 - 12:31) *
What does your lease with your landlord say about parking?


Hello Guys,
Many thanks for a quick reply.

@The Rookie,

My lease does not mention anything about parking. It’s a standard AST, used by many letting agents and private landlords.

Premises, Description:
A Flat addressed as noted in Property, together with so far as Landlord is able to grant the same as necessary the right to use the entrance hall lift staircase outer door and vestibule in common with the tenants, occupiers and persons having the like right and the gardens at the rear of the block and together with the fixtures, furniture and effects hereinafter referred to as ‘the contents’ now in or upon the Premises and more particularly specified in the inventory thereof signed by or on behalf of the parties hereto.

Landlord’s Obligations
4.1 To pay and indemnify the Tenant against all rates taxes assessments and outgoings in respect of the Premises

4.2 That the Tenant paying the Rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the premises during the tenancy without any lawful interpretation from the Landlord or any person under or in trust of the landlord.

4.3 That during the said term herein granted to pay the rent reserved by any Head Lease and to perform (so far as the Tenant is not liable for such performance under the covenants on his part herein before contained) all the lessee’s covenants therein.

4.4 That he is sole owner of the leasehold interest in the property and that all consents necessary to enable him to enter this agreement (whether Superior Lessors or Mortgages or other) have been obtained.


emanresu
QUOTE
That he is sole owner of the leasehold interest in the property


What is the definition of "property". On the lease it will outline it in red.

QUOTE
There are no allocated spaces, no bay lines, and no signage at the entrance to the car park. The signage is attached to a small wall which forms a designated area for rubbish bins.


Seems you were parking on someone else's land where their rules apply. In the absence of something that says your Landlord has specific rights or easements then can't see you have much of an argument. You could try the Managing Agents as you are separate from the Landlord.

Get pics of the signs though as it will turn on the wording on the signs.

Lastly, how many tickets have you had since PCM arrived?
AngAle
QUOTE (emanresu @ Sun, 14 May 2017 - 06:29) *
QUOTE
That he is sole owner of the leasehold interest in the property


What is the definition of "property". On the lease it will outline it in red.

QUOTE
There are no allocated spaces, no bay lines, and no signage at the entrance to the car park. The signage is attached to a small wall which forms a designated area for rubbish bins.


Seems you were parking on someone else's land where their rules apply. In the absence of something that says your Landlord has specific rights or easements then can't see you have much of an argument. You could try the Managing Agents as you are separate from the Landlord.

Get pics of the signs though as it will turn on the wording on the signs.

Lastly, how many tickets have you had since PCM arrived?


Hello,
@emanresu

Property: Flat number, area, postcode.

It's my first and only PCN. I got a window ticket, then arrived NTK.
I used to park my motorbike in the same place (designed for a car) for almost 4 years and never got any ticket.

Private Land.
This is one of the car parks in my residential development (attached to my block); with many empty parking spaces marked/separated with stone-like themes.
Residents pay £10 per year for a single space. (This info is not present on the signage). You get a "Resident Permit" from PCM, if you know you should get it. I did not know that.

My flat has got 3 resident permits active since 2013. When I was moving in (2013), The Letting Agent and The Landlord said I could park here.

I believe that leaseholders/residents instructed MA to control the car parks as there were too many mini cab drivers, van drivers and other non-residents using the space without limit. This is still happening. Unauthorized vehicles park here, unaware residents get PCNs for parking without clearly displaying a valid PCM permit.

I will get the pictures and videos ASAP.







The Rookie
So you were told by the Landlord and the Letting agent said you can park there, that then forms part of your lease, I'd be getting onto the Letting agent for something in writing, you'll need to keep at them.
AngAle
QUOTE (The Rookie @ Mon, 15 May 2017 - 05:15) *
So you were told by the Landlord and the Letting agent said you can park there, that then forms part of your lease, I'd be getting onto the Letting agent for something in writing, you'll need to keep at them.


Hello,
@ The Rookie

I am sorry I am boring you with all the specifics. I am as green as a gooseberry when it comes to PCN and the parking law.

1. Can my Landlord write it down? Since 2014 he's been renting to me directly.

2. Is it relevant that the flat/my Landlord has been paying for 3 permits since 2013?

As for the place, the whole residential development has been managed by a new Property Management since January 2017. The old one was sacked, and as far as i am concerned, this new one is about to resign / get sacked. I have no clue who contracted these parking parasites.

The problem with PCM is that it has its Kangaroo Court; there is no POPLA for consumers so they do not get a fair appeal.

Any idea what letter I should send them in the first instance? The clock is ticking, I am moving home & living under unbearable stress.

Lynnzer (Thank you! mellow.gif ) says:

"The way I see it, without spending much time on it right now, is that the PCM is in breach of the DPA and is trying to diminish your lease rights so it's a damages claim against them for sure.
Then the Managing Agent who contracted them is in line for a claim of damages for Tortious Interference. Both situations explained in my links with suitable letters in the templates you can amend for your use".


The Rookie
1/ Letting Agent/Landlord, matters not.

2/ Probably very relevant, ask the landlord what the Permits were for.

How long have PCM been onsite? If they were brought in by the previous MA then they have no contract now that is valid, if its the new one then Jan to March is indecent haste!

Accept you'll never get PCM to cancel, the point is to make it clear you are informed and not a roll over and then they are much less likely to chance their arm at court.
Eljayjay
It may be helpful to get a copy of your Landlord's lease with the freeholder. I believe you will be able to get a copy from eservices.landregistry.gov.uk for £10.

Armed with the copy, you should be able to find out what parking rights your Landlord has and whether or not the lease confers on the parties to it any power to introduce a ticketing/charging regime.
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