PCM Parking Charge Notice x4

[Persie2020]

Hi all,

Returned to the car park of my block of flats after MOT. 6 days later (this is during lockdown so not out and about unless essential) I noticed the permit was not visible, so I moved it back to the dashboard. I have now received 4 Notices of Parking Charge to Keeper for the reason "Parked without clearly displaying a valid PCM permit at time of enforcement". PCM do patrol the car park and signs are up.

I'd be grateful for some advice as to whether this is something to challenge - would rather not pay charges x4!! I own the flat and have the right to park in the car park, there is no loss, it was simply human error. The lease states that there is the right to park in the car park, subject to any t&cs of the freeholders. Appeal/s would be due by next weekend.

Thank you very much in advance

[ostell]

What exactly does the lease state? Basically if the lease says that you are the landholder, ie the parking space is part of the property then you have no need of another contract to park that is offered by the signage. You lease says that you have the right to park without having to display a permit and without haveing to pay a third party stranger if you don't.

[Persie2020]

Thank you for you very quick reply, sorry for my delay.

Car park is communal, no designated spaces, but each flat allowed certain number of permits - lease states "The right to use in common with the owners and occupiers of all the said other flats and their visitors the gardens, grounds, drives, paths, roads, pavements and forecourts forming part of the retained premises subject to such rules and regulation for the common use and enjoyment thereof as the Landlord may from time to time prescribe"

Does my right under the lease trump needing to display a permit as a prescribed rule/regulation?

[ostell]

Yes it does. You have the right to use the space and it does not state you have to display a permit. If the landlord wants to change it you have to agree to the change. Were you notified of the change?

[Persie2020]

It’s just been that way since we moved in 5 years ago or so. So possibly previous owners might have been formally informed but nothing in the paperwork we have from purchase.
I assume PCM will just not accept my appeals and argue that I formed a contract with them by parking there and I’ll need to appeal further. But for now, should I appeal on basis of lease overriding and giving me right to park there? Anything else I should add - picture of the lease?

The management company of the flat have tried speaking with PCM to drop the charge but I’ve been told to follow formal appeal process.

So irritating for a trivial error!

[ostell]

So your contract in the form of your lease gives you the right to park. This is primacy of contract and it means you have no need of another contract offering you parking.

Ask the management company who hired them the parking company and can you have a copy of the contract

What do the signs actually say? Photo perhaps

[Persie2020]

Thank you, I have asked for a copy of the contract. Picture of the sign attached.
As an update, I have managed to get in writing from the owners of the freehold that they support my appeal and wouldn't permit PCM to take court action against me as a legitimate parker.
I would hope that I could base an appeal on the lease point along with telling PCM that the freeholders don't support the charges that they will go away!

[Persie2020]

Update - PCM have sent a copy of the contract they have with the managing agent from 2012. It is signed by the previous managing agent on behalf of the previous freeholder - freehold purchased by new freeholders around 2 years ago. The contract gives them authority to take legal action to recover unpaid charges.

PCM have told the current managing agent that as a gesture of goodwill they will write off remaining charges if I pay one charge.

As the new freeholder has told me they will stand behind my appeal I hope this would still mean I could tell PCM where to go - but on the other hand I could just pay £60 and not have the ongoing hassle.

Does primacy of contract plus f/h on my side mean I would be likely to win this point if it went further? Any advice appreciated.

Thank you

[ostell]

So PCM do not have a contract with the current freeholder. That makes it difficult for them. No wonder they are allowing you to pay for one as they know they are entitled to diddly squat.

Can you get a letter from the freeholder confirming that they have no contract with the parking company?

Even better if the freeholder would write to PCM telling them to cancel all charges as you are a resident.

Letter to PCM demanding a copy of the contract they have with the current landowner, see if they can produce it. Otherwise show what right they have to conduct business on the site.

It's best to kill it off rather than pay as paying only encourages them.

[Persie2020]

Brilliant, thank you. I expect I can get the freeholder to write to PCM, I’ll try that first.

Yes, trying to kill it is good, they don’t need encouragement!!