PCM issued 2 PCNs for parking in my own space!

[pcnlmao]

Still no news from solicitors. Should I contact TRACE/PCM or just assume no news is good news, and that the matter has been abandoned? I'd like some closure ideally

des8 dslippy MIKE770

Have been snowed under so have put this off for a few weeks now, and supposedly have to respond within a couple days in order to meet that 30 day deadline. Ideally would like to avoid court as it seems even the best case scenario is I don't pay anything but I wouldn't be reimbursed anything for my troubles; perhaps I am wrong about this?

I'm not sure how to attack this as PCM and Trace have been completely unreceptive to my previous letters explaining the terms of the lease and right to use that parking space, though if I don't hear from anyone here I guess I'll be writing the same sort of thing to them as well and hope they behave more reasonably.

Any guidance would be greatly appreciated!

[pcnlmao]

Have finally had some response from the solicitors!... Only took them 5 months!
Following the appeal to them which explained the situation from the beginning, they have requested a copy of the property lease to "review the matter further".

I have reviewed the lease myself and there is no mention of a parking management company, or the requirement to use a permit in the personal bay, etc. As shown in the previous posts on this thread, the parking space is marked with the flat number, and highlighted as part of the property in the land registry lease plan.

Should I provide them with a copy? Any chance this could do more harm than good?

des8 MIKE770 dslippy any info would be greatly appreciated!

[des8]

The courts expect parties to work to resolve matters without the need to go to court, and this includes full disclosure.
Also, if it was to end in a court hearing, you would need to supply copy of your lease as part of your defence.

So no reason not to let the solicitors have sight of it.

However I recall you stated it was 50 pages long, so I would be thinking of sending it via email.

[pcnlmao]

The courts expect parties to work to resolve matters without the need to go to court, and this includes full disclosure.
Also, if it was to end in a court hearing, you would need to supply copy of your lease as part of your defence.

So no reason not to let the solicitors have sight of it.

However I recall you stated it was 50 pages long, so I would be thinking of sending it via email.

Alright, managed to send a copy of the lease, just waiting for their response now!

[pcnlmao]

Have finally had some response from the solicitors!... Only took them 5 months!
Following the appeal to them which explained the situation from the beginning, they have requested a copy of the property lease to "review the matter further".

I have reviewed the lease myself and there is no mention of a parking management company, or the requirement to use a permit in the personal bay, etc. As shown in the previous posts on this thread, the parking space is marked with the flat number, and highlighted as part of the property in the land registry lease plan.

Should I provide them with a copy? Any chance this could do more harm than good?

des8 MIKE770 dslippy any info would be greatly appreciated!

des8 dslippy The solicitors have just responded, having had the lease for a couple weeks now. It seems they haven't been able to find any reason within the lease prohibiting me from parking, nor one stating a parking company etc.

What are my next steps?

Thank you!

[des8]

You now wait to see if they carry out their threat about court action.

You could start letter tennis and repeat to them that as you are the tenant, and the tenancy agreement is not subject to a third party managing your use of your land and you are not a party to an agreement with the parking management co, they can throw their hook.

If they do initiate a court claim there is another matter to draw to the courts attention, which could get the case thrown out, but save that till later.

PS dslippy passed away recently

[pcnlmao]

You now wait to see if they carry out their threat about court action.

You could start letter tennis and repeat to them that as you are the tenant, and the tenancy agreement is not subject to a third party managing your use of your land and you are not a party to an agreement with the parking management co, they can throw their hook.

If they do initiate a court claim there is another matter to draw to the courts attention, which could get the case thrown out, but save that till later.

PS dslippy passed away recently

Thats terrible to hear - I'm really sorry
Was there an announcement on the forum?

And thank you again for your speedy response.

I'm tempted to write to them letting them know we have no intention of paying the fine, just in case they realise their case is weak and cancel it (Unlikely, I know), maybe citing Pace v Mr N [2016] C6GF14F0 [2016] where the court ruled that a parking management company could not override a tenants right to park in their own space by requiring a permit, but I am still a little out of my depth here; While I feel this is a relevant case I'm not sure howI'd go about demonstrating that to them effectively.

I am also somewhat concerned because our tenancy agreement doesn't explicitly say we can park, it just doesn't make any mention at all of a parking space at all (Though the lease plan shows clearly the space is for our sole use). I assume this is still a good thing as there is no mention of a parking operator in either document?

Thanks again!

[des8]

Regarding dslippy's passing, one of his personal acquaintances posted the news.
We rarely hear about such matters due to the anonymity rules of the forum, altho' many years ago there was an unofficial social side and posters would meet up occasionally.

Obviously up to you if you want to write, but please don't dignify the charge as a fine. It's little more than a speculative invoice.

Your tenancy agreement is fine