UKPC 06/04/2018 windscreen PNC claimform- residential parking in my own space - forget permit ***Claim Discontinued***

[Ethel Street]

It's flats so I assume you own it Leasehold?

If you own the flat leasehold any 'ownership' of the designated parking space is likely to be leashold as well, and therefore the use of it subject to conditions in the Lease (if there are any). So you also need to check what the Lease says specifically about the parking space.

 

I dealt with this recently for my mother and when I read the Lease closely it did say that my mother had the right to park in her designated parking space but went on to say "providing that the leaseholder complies with the rules for the use of the parking space issued from time to by the freeholder"

- something on those lines, can't remember the exact wording.

 

What that meant in practice was that the freeholder had the right to implement a parking scheme at the flats that required parking permits to be displayed and take action if it wasn't.

 

Whether the freeholder's scheme actually complies with the lease, and whether the parking contractor has complied with the freeholder's scheme, and whether the signage is clear etc, all that has to be established in the normal way of course.

[Ethel Street]

Reading back through the thread I can't see that OP has ever confirmed whether or not his lease contains a clause giving the landlord &/or managing agent the power to make rules about the use of the allocated parking spaces at the development. For example, anything like the use of the allocated parking space being "subject to such regulations as the Lessor may make from time to time”. This is quite common in leasehold developments. If such a clause does exist then the 'supremacy of contract' argument put to the OP here, and on similar threads, is not the killer argument against the PPC that is being suggested.

 

 

If such a clause is in a lease it won't automatically mean the PPC can do what they like. There are other things that have to be got right as well, not least signage. But it doesn't make it as easy to dismiss the PPC's case out of hand as it would be if there is no such clause.

 

 

The relevance of Davey v UKPC [2013] is overstated in my view. The legal status of Davey's parking space was very different to OP's. Davey owned his parking space freehold and it was marked as such on the Land Registry plan. There was no landlord who could make requirements about his freehold land and no lease. The case would be difficult to cite anyway as (a) it was settled by a Consent Order (in Davey's favour) and (b) it is unpublished - it has been asked for several time here and on other sites, including direct to Roger Davey, but no court report of it appears to exist. (Or does anyone here know where it is?)

[Ethel Street]

There's no reason at all why it would need to be recorded at the Land Registry.

Like all the other clauses that determine the rights and obligations of the parties for a Leasehold property the clauses will be in the Lease.

 

Of course the lease cannot be unilaterally changed by one party but that's not my point.

My question was whether such a clause was in OP's lease when he bought the leasehold.

A Landlord doesn't give away any significant rights if the lease allows the LL to make regulations to manage parking and the LL authorises a MA to contract with a PPC to do that. I don't agree with you it's rare for a lease to include that right. Every Leasehold lease I've ever been involved with (except 1) has it.

 

Obviously if the landowner has that right in the lease the PPC still has to prove on the facts of the specific case that they had authorisation from the landowner. They often can't and their cases fail for that reason. But if anyone can link a case where the a Judge has ruled that a PPC could not pursue charges even though they had proved they had authority from the landowner to do issue PNCs I'd like to see it.

 

And also the PPC has to get the signage right, meet the timescales, etc, and they frequently screw that up as well. So the existence of a lease clause allowing the LL to regulate parking is far from an automatic victory for the PPC. But if such a clause is in the lease then there is no guarantee the lessee will win a court case either, despite the impression given on the many posts here about this.

[Ethel Street]

2 hours ago, Homer67 said:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

 

 

That links to the  Davey v UKPC [2013] case but that case isn't relevant to OP's situation (assuming OP lives in the same place as when the thread began).

 

Mr Davey owned his parking space Freehold and it was marked as owned by him on the Land Registry plan. So no-one could charge him for parking there.

 

@dbuk2000does not own his parking space Freehold.  He owns it Leasehold. Whether the Freeholder can require him to display a permit or charge him for parking there depends what his Lease says, which has never been established on this thread. It's common for leases of Leasehold property to include requirements about parking.

 

In any case Davey would have little or no legal value as a precedent in any future court hearing because it never went to trial and no judgement was issued.  It was settled by a Consent Order (in Davey's favour) when the PPC did not contest it.