PCM PCN - Residential Parking

[not-a-number]

My housing association has decided to use parking control management to annoy the residents .

 

 

I live in a small block of 8 flats and there haven't been any restriction to parking for the 9 years I have lived here.

 

 

There are only 3 people with cars but now it is going to create a problem with visitors and as most people are elderly there will be problems with carers.

 

They have issued one permit for each flat and say there is no visitor parking which wouldn't be too bad but there is no road parking for more than two hours

 

I would appreciate help to get rid of this permanently rather than going through numerous battles with pcm

 

Ericsbrother posted something on this

 

thanks to everyone in advance.

[BazzaS]

How old is the property?.

 

Others may be able to gain an 'easement by prescription' (as a result of protracted use of the right, without force, secrecy or permission), but 20 years usage is required .... 9 is not enough.

 

There are other ways in which an easement can be created, including 'necessity' and 'common intention', but it may be hard to show necessity, and the other party may claim there was never common intent!.

 

is there anything in your lease regarding parking?

Edited October 1, 2021 by dx100uk
thread tidy session only

[not-a-number]

Hi the property is 100 plus years old but has had four flats added to the original .I will check the lease .

 

 

hi just cant find anything on lease but this is a letter of consultation setting out what they intended to do anyway.

I have attached also the signage .Do they have to obtain planning permission for these ? I f they do I doubt that they got it as the management team has even used penalty charge instead of parking charge!

I

 

sign+letter.pdf

[Bazooka Boo]

The contract is between your LL and this cowboy company, NOT with any resident, they'll never be able to enforce this as your tenancy agreement has supremacy over anything else.

 

I wouldn't be overly concerned with them, but I'd definitely be making a complaint with your LL regarding the use of cowboy parking outfits.

[not-a-number]

thanks for that reassurance .

Its seems my life has been taken over with all these companies trying to grab money off you for minor infringement and forgetting to pay congestion and dart charges etc . I am so sick of it . I am not alone by the sound of it.

 

PCM even say that the landlords will not have any say in this But believe me they will be getting it from me .

[BazzaS]

 

If the parking is covered in the lease.

 

However, the OP says the lease doesn't mention parking.

 

What do you feel should happen with people who don't pay the congestion charge?

 

What do you feel should happen with people who don't pay the DART charge?

[not-a-number]

And parking charges. What wrong is it is wrong that if you dont pay 2.50 you are sued for hundreds of pounds . It is out of proportion to the original debt.

I realise that my lease may or may not include right to park but it is obviously assumed to be included as they are making residents permits. The problem I have is that there was no need for it in the first place as the most people dont have car it just restricts visitors .

[Bazooka Boo]

Neither does my tenancy agreement, however there is a car park for residents to use, and as it isn't in the tenancy agreement, no contract with the PPC can be formed, as the tenancy agreement has supremacy, the agreement is between the LL and the PPC.

 

Ask the LL how much profit they get off the PPC issuing invoices, should they ever manage to enforce one.

 

Is it a private LL?

[not-a-number]

Could I ask is it necessary for planning consent for the signage all of which is on the property Thanks

[Bazooka Boo]

I don't see why it would be different for them?, who's the HA??

[not-a-number]

Housing association I am sure that money is the driving factor even though this is a charity. Whatever that means as they are running it just like they are any other business . Private letting etc. I am grateful though to have this flat .

 

Genesis.

 

 

[Bazooka Boo]

Yes most if not all, HA's are run 'not for profit'.......but mine made a tidy sum last year!

 

I would raise the issue with you housing officer, explain that it is unnecessary.

[BazzaS]

 

That would be the "common intent" approach, assuming it was included.

 

They may dispute that, saying that if they'd had intended to agree parking for particular people they'd have either

A) put it in the lease, or

B) issued permits before.

 

It can be argued either way!

 

They could say "we never intended to provide parking for anyone. Now it has become a problem, we are ensuring there is a scheme to benefit residents"

Were there marked bays / spaces before??

 

If they want to rely on the signage to create a contract, then the signage must be legal.

[not-a-number]

Does that involve applying to the local authority to put them up in the first place? Sorry just looking for an easy out.

[Bazooka Boo]

They could say "we never intended to provide parking for anyone. Now it has become a problem, we are ensuring there is a scheme to benefit residents"

 

Parking has never been an issue according to the OP, they clearly have provided parking for residents, else there wouldn't be an issue here.

[Bazooka Boo]

Does that involve applying to the local authority to put them up in the first place? Sorry just looking for an easy out.

 

You've got your easy out. your tenancy agreement!

 

It's your LL that has a contract with the PPC, not any of the residents.

[not-a-number]

There were marked spaces before No numbers or anything . I looked at the starter agreement which mentions the need to keep the car park clear of untaxed cars Just cant put my hands on the lease at the minute.

[not-a-number]

thanks bazooka

[ericsbrother]

you have been there 9 years, what about the previous use of the parking area by other before that. Easements can be created in a shorter time than 9 years but for things like light and ventilation.