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Parking charge on my own parking bay

24

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  • Quitto
    Quitto Posts: 62
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    after they informed that if the permit is not renewed the bay will not be monitored
    I don't suppose you kept that?


    a generic clause
    Can you post the clause here for us to see?

    I should have that letter somewhere. I will dig the clause out and post it when I get home.
  • That letter will be dynamite, try to find it and keep it very safe when you do
    When you eventually get a Letter Before Claim, send it to them and invite them to withdraw.
    They will argue that it was a once-only offer to opt out and once you'd opted in, you were in - but that's not what it says and uncertainty is resolved in favour of the consumer/against the person who wrote the contract under the contra preferentem rule.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Quitto
    Quitto Posts: 62
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    The lease states the following:

    The Premises
    (Plot No XXX) on the XXX floor of the Building
    shown edged red on the attached plan and the parking space edge red on the
    attached parking space plan.

    Parking Permits
    The Leaseholder acknowledges the terms of the S106 Agreement and will not make
    any application for a parking permit in breach of paragraph 6 of the Third Schedule
    thereto nor raise any objection thereto.

    Schedule 3
    Easements, Rights and Privileges

    6. The benefit of the rights appurtenant to the Landord’s title so far as these are
    intended to benefit the Premises.

    Quiet enjoyment
    That the Leaseholder paying the rents reserved by this Lease and performing and
    observing the covenants contained in this Lease may peaceably enjoy the Premises
    during the Term without any lawful interruption by the Landlord or any person
    rightfully claiming under or in trust for it.

    Comply with Regulations
    To comply with such reasonable regulations as the Landlord or the Superior
    Landlord may make from time to time relating to the orderly and proper use of the
    Common Parts and security of the Building and including (for the avoidance of
    doubt) regulations as to the manner of use of any car parking space or visitors car
    parking spaces and the nature of any vehicle which may be parked thereon.

    Mutual Covenants
    Not to park or to suffer or permit to be parked upon any parking space
    allocated to the Premises from time to time any vehicle other than a
    private motor car or such other motor vehicle as may be first approved in
    writing by the Landlord acting in its absolute discretion

    Not to park or to permit or suffer any occupier of the Premises to park any
    motor vehicle on the Visitors Parking Spaces (if any) the same being
    intended for use by visitors only.

    Exceptions and Reservations
    The right for the Landlord at any time upon reasonable notice to temporarily
    suspend or revoke the allocation of a parking space for the purpose of repair to any
    part of the adjoining road or for any reasonable other purpose.
  • Quitto wrote: »
    Comply with Regulations
    To comply with such reasonable regulations as the Landlord or the Superior
    Landlord may make from time to time relating to the orderly and proper use of the
    Common Parts and security of the Building and including (for the avoidance of
    doubt) regulations as to the manner of use of any car parking space or visitors car
    parking spaces and the nature of any vehicle which may be parked thereon.

    No right to make regulations concerning the "Premises" then, only the Common Parts and security of the building. However, this is then followed by wording that it includes regs "as to the manner of use of any car parking space.....". The question is whether the reference to "any car parking space" includes the car parking space included in "the Premises". You'd argue it doesn't, and it can only apply to non-demised car parking spaces (eg any communal/visitor spaces) - although against that argument they will say that there is then specific reference to visitors spaces and so the first reference to "any car parking space" can only mean the spaces demised with each flat/property. Are there any spaces other than the one owned by each resident and the visitors ones?


    It's a bit unclear I'm afraid, but arguable..


    Is there anything in the definitions/interpretations clause which helps with the interpretation of this clause/the definition of car parking spaces?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Quitto
    Quitto Posts: 62
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    There are only allocated spaces and a few disabled/visitor spaces, plus some allocated to commercial units. That's all.

    This is all I could find in definitions, no reference to car parking:

    “Building” means the building on the Estate of which the Premises form part and
    each and every part of the Building and the car park, service or loading area,
    service road if any and any other areas the use and enjoyment of which is
    appurtenant to the Building, whether or not within the structure of the Building.

    “Common Parts” means those parts of the Building (whether or not within the
    structure of the Building) to be used in common by any of the Leaseholder, other
    tenants and occupiers of the Building, the Landlord, and those properly authorised
    or permitted by them to do so, and “Common Parts” includes (but without
    limitation) any atrium and entrance hall, corridors, lobbies, staircases, lavatories,
    access ways, passages, lifts, escalators, turntables, courtyards, external
    pavements, car park, and its ramp, service and loading areas, service road,
    gardens and other such amenities, but excluding any such parts as may be within
    the Premises.
  • Quitto
    Quitto Posts: 62
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    Forumite
    One more thing to note, I did not realise I had a ticket until I received a letter demanding £100. I do not think the ticket was actually affixed to my car and a picture of a ticket did not match the time-code of a picture of my car parked in my bay. There was about 30 min difference between these pictures. I suspect the picture of a ticket is actually not on my car.

    Is it something I could use?
  • yes, to show how economical they are with the truth
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • fisherjim
    fisherjim Posts: 5,963
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    Forumite
    Quitto wrote: »
    One more thing to note, I did not realise I had a ticket until I received a letter demanding £100. I do not think the ticket was actually affixed to my car and a picture of a ticket did not match the time-code of a picture of my car parked in my bay. There was about 30 min difference between these pictures. I suspect the picture of a ticket is actually not on my car.

    Is it something I could use?

    Yep it's commonly called "ghost ticketing" to bump up the charge!
  • Quitto
    Quitto Posts: 62
    First Anniversary Combo Breaker First Post
    Forumite
    Could you please recommend an appropriate course of action in my case? Shall I write to housing association (again) or do the POPLA appeal? Any thoughts?
  • Quentin
    Quentin Posts: 40,405 Forumite
    You look to be too late for POPLA.


    If so then your only way at present is to keep on to the HA to get it cancelled


    Otherwise you are in the debt collectors stage (see FAQ)


    Ignore everything except a LBCCA or Court Correspondence


    They have 6 years to commence legal action


    (If you do have a valid popla code then of course use it!)
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