One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

[iamgnome]

Hello all, thought I'd come to CAG for help with this. Just received a private PCN for £100 (£60 discount if paid in 14 days) for parking in the bays outside the flat where I live, without a permit.

I own the flat, and it's a share of a freehold. In practice, this means I own a small share of the company that acts as the freeholder, so have responsibilities of freeholder and leaseholder. I also have the lease with covenants etc that I can share, once I figure out how to sanitise it. I'm not a managing director of the company but have applied and am successful; though the MA is taking their sweet time with officialising it.

No one in the building has designated parking. However, there are informal parking bays. The residents use the parking bays on a 'first-come-first-served' basis.

My lease only states the following regarding parking:

'No vehicles shall be parked within the grounds of the
Property otherwise than in the garage forming part of the
demised premises or in any other part of the Property
previously approved in writing by the Landlord for that
purpose'

The MA has written the below:

'Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit.'

A PPC issues PCNs to those who do not use permits. I do have a permit and had one for the day, so I was surprised that the PPC didn't see it. Most of us also don't have a garage. Likewise, we don't have time to faff around for an hour-long permit + deposit.

Queries

- As permits are not mentioned in the lease, is the PCNs enforceable?

- Would I be acting lawfully in not paying the PCN i.e. does my lease have primacy?

- I understand that there is a 'contract' between the PPC and their client. Does this contract include me?

- What should I do next??

Thanks as always!!

[iamgnome]

For a windscreen ticket (Notice To Driver) please answer the following questions....

1 The date of infringement? 8/3/24

2 Have you yet appealed to the parking company yet? [Y/N?] N

If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]

Has there been a response? N/A

Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]

If you haven't appealed yet - .........DONT ! seek advice on your topic first.

Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] NO

What date is on it? N/A

Did the NTK provide photographic evidence? N/A

[scan up BOTH SIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] N/A

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] N/A

5 Who is the parking company? Can't say as it will doxx my location, but they are a small outfit.

6. Where exactly [Carpark name and town] did you park? Same as above. See OP, it was in my flat's parking bay.

.............................

[iamgnome]

Hello, please see attached. Let me know if it needs to be clearer.

Parking company is One Parking Solution. The location is Durrington, West Sussex.

To answer lookinforinfo:

This is not new, but it's the first time I received a PCN, since I moved here a while back.

I'm pretty sure the MA has a dodgy relationship with the PPC i.e. getting backhand payments for every one of these fines.

And yes, MA and board of Directors are likely crooked.

This is openly accepted by the residents, but sadly, none of them know what to do.

We're all share of freehold, so have more rights than typical leaseholders, but again, how do we change the management?

Permit was on my windscreen but did notice it fell on to my passenger seat, when I went back to my car.

The permit is an A4 sheet of paper that is printed out (yes, very professional), so easy to be knocked off by wind.

No photos as far as I can tell.

PCN 8-3-24.pdf

[iamgnome]

Thanks guys, I should've said that I did call the MA. He says he won't cancel because it's 'unfair on the other leaseholders' and that he needs to be 'impartial'. I called out that he worked for us and should cancel as the PCN goes against the spirit of their issuance (to stop non-residents from parking in our area). Shall I write them a letter?

In terms of the lease, it doesn't explicitly mention parking in the bays. However, there are written references to it outside the lease e.g. the 'permit system' and 'management rules. Likewise, it's commonly used for that purpose by the residents. Would that be enough to uphold primacy?

[iamgnome]

I've looked carefully and all I can find is the bit I put in the OP:

'No vehicles shall be parked within the grounds of the
Property otherwise than in the garage forming part of the
demised premises or in any other part of the Property
previously approved in writing by the Landlord for that
purpose'

The area I parked in is definitely not mentioned as demised premises and seem to be a part of the communal areas. What do you think?

[iamgnome]

That's a good question, who is the landlord? Technically, it's me and the others who hold a share in the freehold, but what would that mean in practice?

The management rules etc. seems to be most consistent written acknowledgement of it. If that's not good enough, then it surely begs the question of why myself and others are using it the area as parking, when it shouldn't be used as that?

[iamgnome]

Alright, I'll try to get Directorship done, but I reckon the MA is just going to drag it out, especially if it means getting this PCN cancelled.

Can I also request a copy of the contract between the PPC and the Company (or MA)? Seems like it might be a good way to figure out what to write to the MA, if the contract is in their name.

[iamgnome]

Alright I'll see what I can do. Thanks for the advice mate. Will keep everyone updated

[iamgnome]

This was before my time, but as I mentioned the Directors are likely crooked and sing to the tune of the MA.

And yes I know why I was charged and I'm quite annoyed about it. Most residents don't even show their permits, as it is a huge faff. So, this is doubly annoying.

[iamgnome]

Yes agreed. I don't think it will solve it, but it might give the issue more coverage. I'm not the only one who has complained about this, but I seem to be the only one willing to make a nuisance. So will continue doing so.

BTW there doesn't seem to be any board meetings that shareholders are invited to me. As mentioned, there are a host of other issues with the MA and Board, who likely are doing shady dealings. However this parking directly affects our wallets and goes against the spirit of why there might be a PPC here e.g. to stop randoms from parking in our area. So, this parking issue might be the best way to also start addressing the wider problems.

I'll keep you all updated especially when I get the RTK notice. But any further thoughts or advice would be appreciated.

[iamgnome]

Thanks lolerz, the freehold company is indeed dormant. I am unsure how the RTM company works, but that seems to be by design, as all of the residents don't know either.

I've also asked for the contract and demanded again that the PCN be cancelled. No response yet, but I might be the first lessee to do this in a while, so they're probably a bit shook! Let you know what they say...

[iamgnome]

Alright, an update. MA has responded with the contract. I haven't read the whole thing yet, but it seems to be signed by the management company. This may mean the PNC is invalid right?

However, I need to double check that it is the management company and not the dormant freehold company. How would I know which one is which?

I can see all the leaseholders have 1 share each in the management company. In the lease it's referred to as the landlord, whereas the other company is the 'association'. Your steer here would be helpful.

Lastly, MA is p'd off that I'm challenging him and is refusing to cancel the PCN. He suggests I appeal, haha. I'll keep being a nuisance, but it looks like I'll need to wait for NTK. So any thoughts on a defence?

Cheers

[iamgnome]

Thanks lolerz, so I just need to figure out the terminology here. What is the freehold company?

The company that takes my service charge is referred to as the landlord (and is the PPC client). But the titles etc seem to be with the other company, which has barely any money in it.

Noted on the NTK point.

[iamgnome]

Hmm... Both seem to have the same address... Any other way to check?

[iamgnome]

So, it's the company referred to as "the landlord" in my lease. This is the same company that takes my service charge.

As mentioned there seems to be two companies that I have a share of, but unsure which one is the freehold company.

Edited March 12 by iamgnome

[iamgnome]

Alright I'll do some more investigating to figure it out.

Let's say the contract is between the freehold company and PCC, then how screwed am I?

[iamgnome]

Understood. Okay then I'll wait on the letter of claim, if they send it. Let's see what they do... Will keep you updated.

Edited March 12 by iamgnome

[iamgnome]

Alright, will send over a sanitised contract when I next get on a PC. Cheers for looking.

[iamgnome]

Thanks dx and lookinforinfo. I had a look at the above case, and it does indeed seem promising.

Also as promised, I've attached a sanitised version of the contract, lease and deed of variation.

Based on the info so far, this PNC seems like it may be unenforceable, given that I've not appealed and will follow the process outlined on this website.

HOWEVER, I have a feeling that if I keep parking in the bays, despite ignoring PNCS, then there might be the possibility that I'm breaching the lease.

I wonder what you guys might think about that…

 

Lease.pdf Deed of Variation.pdf OPS contract.pdf

Edited March 16 by iamgnome

[iamgnome]

lolerz - thanks, there is no mention of the exact location of the car park/bay, only the name of the development (which is the first line of the address). Sounds like it could be bogroll.

Signature is the MA's name, no mention of freehold in the signature itself. After some digging, I can also confirm now that the 'client' is the freehold company (NOT management company), so it seems like the MA got that bit right.

The specific part of the lease that worries me is what I mentioned in the OP (see below).

'No vehicles shall be parked within the grounds of the
Property otherwise than in the garage forming part of the
demised premises or in any other part of the Property
previously approved in writing by the Landlord for that
purpose'

lookinforinfo - thanks, what's an ATA Code of Conduct? Also, I'm pretty sure they haven't applied for planning permission, so I'll investigate. Surely, OPS have no authority to apply for planning permission in a private residential zone?

 

Edited March 17 by iamgnome

[iamgnome]

Thanks FTMDave the bays are not marked as such, but they're referred to in seperate 'management rules' which could easily be construed as written approval to use them.

Otherwise, why are we parking there and having to follow this daft 1 hour policy with the PPC (OPS)?

 

[iamgnome]

Dave - you're not thick, that's exactly the dilemma here. Hence I want to see how far we can go with this. If the tickets are completely unenforceable, then we can just ignore them. But that's when I would imagine the 'freeholder' would start bringing in the breach of lease threat...

lolerz - the garages are quite small indeed. My garage is also used as storage. Yes, I can see the argument that I should find somewhere else for storage, but if there is parking, then why should I?

Nicky - that's helpful. So, if OPS have requested planning permission, then how does that go against the ATA code of conduct?

 

 

[iamgnome]

Sure, but the part of the lease I mentioned does suggest that one shouldn't park in the common area, without written permission.

Or do you think the fact that there is a PPC here with this 1 hour rule, is evidence of permission?

[iamgnome]

Rules below. Key bit highlighted:

1.    Pets permitted at the discretion of the Management and can be rescinded at any time. All dogs to be on leads within the confines of the development and any fouling cleared. Failure to adhere to this directive will result in the permission to keep dogs being withdrawn & non-compliance will constitute a breach of Lease Terms.
2.    Leaseholders are liable for any damage caused to adjacent properties by themselves or Tenants up to £500.00, eg. Escape of water. This reduces the amount of small claims on our Insurance Policy & any subsequent increases in premium due to claims.
3.    Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit.
4.    An administration charge of £20.00 will be levied on each occasion any
Reminders/Statements are sent to Leaseholders, by letter or email, with regard to Maintenance/Service charges and Ground Rent arrears.
5.    Dumping of household items, other than normal household waste, within the confines of the Estate is forbidden.
6.    Smoking is prohibited by law within the communal areas. Please dispose of cigarette butts in a responsible manner.
7.    It is the Leaseholder’s responsibility to ensure that their Letting Agents/Tenants are aware of these rules if the Leaseholder isn’t resident.
8.    Garages can only be transferred to existing Flat Leaseholders.

On the DVLA point - how do I prove they've contravened??

[iamgnome]

Pretty sure the 'rules' are directed to everyone inc. residents, not just visitors. Have also attached pics of signage.

lookinforinfo - not sure, I wasn't around when the decision was made. Seeing as how the Directors operate opaquely, I presume it was done with minimal consultation. I could request records of when/how the decision was made. Knowing them, they'd be stupid enough not to keep any, which could help show that it is unlawful?

signage.pdf

Edited March 23 by iamgnome