Resident Permit

The_Deep · 19 May 2017 at 7:32PM

The Lease supports this action

I very much doubt that, what precisely does it say wrt parking.

We signed the contract for PPM to be on site, their legal advisors also checked the Lease to ensure this was OK to move forward and warden the site.

Well, they would wouldn't they.

Read up on primacy of contract. http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

Coupon-mad · 19 May 2017 at 7:39PM

Read hairray's thread and go on the attack v the MA. Fantastic letters written by LoadsofChildren123 on that thread last week.

MA's need to start learning - fast - that they can't impose onerous 'terms' and third party charges on flat owners with existing parking rights.

Loadsofchildren123 · 20 May 2017 at 1:48PM

I gather from your posts that the PPC/MA is now withholding the permit from you, effectively blackmailing you into paying. That is disgraceful and if you send a LBC or letter of complaint you must add this in.

They cannot have it both ways. If they claim they are entitled to impose these rules on you, they must not withhold your ability to comply, otherwise they have frustrated that part of the lease.

Bottom line - even if they are entitled to introduce parking refs they are NOT entitled to impose a contract with a 3rd party, nor to levy a charge for failing to comply with it. Their only ability/right to charge you is for ground rent.

So at worst you'd argue that this issue is between you and the MA/landowner. It's nothing to do with the PPC. At best that they aren't entitled to impose restrictions on you.

You really need to tell us what the lease says. These things fall on the precise wording and definitions.

Loadsofchildren123 · 20 May 2017 at 1:51PM

Also any variation to a lease has to be in writing I think, and also by a deed (witnessed etc). I assume this wasn't done.
What Notice were you given of the permit system?

LiamSwindon · 24 May 2017 at 11:04AM

Hiya,

Sorry I'm still away with work so I need to try and find out what the lease says. I'm pretty sure it doesn't say specifically about displaying passes.

We were given passes in the post and a letter telling us to we had to comply with the new rules basically.

Here is her latest reply:

am aware you have at length spoken to PPM and Thomas Homes., Both have instructed you the same and confirmed the charge remains in place. As Managing agent we were aware that parking will become and issue on site, and indeed per below, residents confirmed this once they moved in:

“They are able to park in between the bollards”

“I've just seen someone park in my space and walk into this building. Have we got allocated parking spaces as I was given mine when I first moved in?
'Name', When will we be getting parking permits? I'm getting frustrated with not being able to park in my space”

“Once again I have come home to someone in my space. Still nothing has been done to prevent this.”

We have many more and many more phone calls on this. The land is under Thomas Homes Management and we manage the day to day requirements on their behalf for the communal areas. The Lease shows you have an allocated bay and also confirms that the Directors, Thomas Homes, have the right to have a system such as this put in place. We discussed the issues with the Directors and agreed with them that we would put in place Parking Control. We have signed the contract with PPM for the site, we have the ability to do this as Managing Agent for Thomas Homes.

I have nothing further to add on this, and can’t continue to spend time on this matter as I am sure you can appreciate.

The_Deep · 24 May 2017 at 11:31AM

The Lease shows you have an allocated bay

So you do not own the space as you stated in post 1. This considerably changes things and the precise wording of the lease is crucial. So far, you have not told us what that is.

Tell the MA lady that she will have very little choice but to devote much more time to this if you find the PPC has attempted to interfere with your peaceful enjoyment of your property. Judges are taking a very hard line with PPCs, who harass occupants of flats, and claims are in the pipeline for making PPCs pay heavily for breaching the DPA. MAs could well find themselves included in those claims.

beamerguy · 24 May 2017 at 11:34AM

LiamSwindon wrote: »

Hiya,

Sorry I'm still away with work so I need to try and find out what the lease says. I'm pretty sure it doesn't say specifically about displaying passes.

We were given passes in the post and a letter telling us to we had to comply with the new rules basically.

Here is her latest reply:

am aware you have at length spoken to PPM and Thomas Homes., Both have instructed you the same and confirmed the charge remains in place. As Managing agent we were aware that parking will become and issue on site, and indeed per below, residents confirmed this once they moved in:

“They are able to park in between the bollards”

“I've just seen someone park in my space and walk into this building. Have we got allocated parking spaces as I was given mine when I first moved in?
'Name', When will we be getting parking permits? I'm getting frustrated with not being able to park in my space”

“Once again I have come home to someone in my space. Still nothing has been done to prevent this.”

We have many more and many more phone calls on this. The land is under Thomas Homes Management and we manage the day to day requirements on their behalf for the communal areas. The Lease shows you have an allocated bay and also confirms that the Directors, Thomas Homes, have the right to have a system such as this put in place. We discussed the issues with the Directors and agreed with them that we would put in place Parking Control. We have signed the contract with PPM for the site, we have the ability to do this as Managing Agent for Thomas Homes.

I have nothing further to add on this, and can’t continue to spend time on this matter as I am sure you can appreciate.

Terrible letter from them, was it written by the office junior?

"We have many more and many more phone calls on this"

So they already know of the problem and this has been proven in the courts where a resident has rights to park

Ignore the comment "I have nothing further to add on this"
The fact is, you have a lot more to say especially as they are jointly responsible for their agent (PPC)
You will have no option but to involve them in any court action to explain to a judge why they dismiss your unfettered rights

Read this ...
UKPC lose residential case
http://parking-prankster.blogspot.co.uk/2017/05/ukpc-lose-residential-case-will-vicim.html

LiamSwindon · 25 May 2017 at 8:06PM

Hey I took a picture of my lease a while back. Here's the wording I could find.

'The right to the use and enjoyment of the allocated parking space for the purpose of parking a private motor vehicle no more than three tonnes provided that the lessor may at any time or times by notice in writing to the lessee allocate a different parking space and/or may suspend the lessors for such time as is reasonable in the circumstances the lessees right to use the parking space if works affecting it needs to be carried out.'

I may actually sue them as the lady I'm speaking with is being dismissive of my arguments.

Cheers guys!

Coupon-mad · 25 May 2017 at 10:58PM

Show us your LBA, based on the letters written by LoC123 on hairray's thread. That is certainly the way to make them sit up and listen.

How dare they inflict PPM on residents.

The_Deep · 26 May 2017 at 7:44AM

You say in your OP that you own the parking space, but the lease says that it is allocated. If your arguments with Dismissive Lady are based on ownership of the land, you might wish to re-consider suing her.

However, the wording you have quoted re parking makes no mention of a permit being required to park there so yours remains the upper hand, so keep up the pressure. Can you raise this at the AGM?.

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