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Leasehold Flat Parking Permit

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We have a leasehold flat with two parking spaces which are identified at the Land Registry. Our lease says we may park one car on each space. Our management company with the managing agent and with a parking enforcement company introduced a permit system two years ago. I objected unsuccessfully. They are now making further changes. They say they will only give us one permit for each space. We have six family cars which park from time to time in either space. Moving a permit between cars is unworkable and I anticipate receiving parking fines. Can anyone recommend what would be the best thing to do?
In the past they allowed us to register the family cars with them and then they did not ticket any of these cars when they were parked in our spaces. The parking company has a poor record on these pages! Any ideas?
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Comments

  • Fruitcake
    Fruitcake Posts: 58,249 Forumite
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    Your lease will trump anything brought in afterwards. You do not have to join the permit scheme, and can withdraw from one of you are already in it.
    I married my cousin. I had to...
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  • xyzperson
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    I am slightly frightened of being targeted if it becomes known that we have withdrawn. We have had problems in the past and would not like it to become known that we are not a part of the scheme. The spaces are in a large carpark - and we might have problems ourselves if others park in our spaces.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    edited 1 September 2016 at 7:40PM
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    You will have worse problems when you start getting spurious PCNs, you and your visitors, and are then sued.

    We have people here trying to defend FOUR FIGURE county court claims for multiple unfair PCNs that the managing agents refuse to cancel, due to heinous 'crimes' like displaying a blue permit when the PPC has decided to suddenly and pointlessly change them to 'new' yellow versions (for example) over a weekend, and never issued the new ones in time. Or a permit slipping a bit on the dash.

    You MUST object to the agent now, telling them your issue and that you will hold them liable for any PCNs causing you loss.

    Whether you join the scheme or not, your cars are going to get PCNs aren't they? I'd move out (seriously). This is a huge threat on your family finances.

    Which deadful PPC have they let loose among your cars?

    I would report this issue to Watchdog, they are likely to be running a new series from next month. So many other people are in the same boat and being sued and this is WRONG. Your MP is worth consulting too, this is so wrong.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Fruitcake
    Fruitcake Posts: 58,249 Forumite
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    edited 1 September 2016 at 9:01PM
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    xyzperson wrote: »
    I am slightly frightened of being targeted if it becomes known that we have withdrawn. We have had problems in the past and would not like it to become known that we are not a part of the scheme. The spaces are in a large carpark - and we might have problems ourselves if others park in our spaces.

    Have a look at this.

    http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

    There was a clause in this woman's lease that meant the parking scumpany had no right to issue charges against her.
    The lease trumped the MA and their sub-contractor's rules. Your case will probably be no different. More people need to complain and withdraw from these unfair schemes that are imposed after they have agreed to their lease.

    I would quote this case to the MA and their scammers quoting the relevant part of your lease that scuppers them, pointing out that both the MA and the scammers will be liable should this go to court, so you will need the MA to provide you with dates they will be able to appear in court.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • xyzperson
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    My agent is Rendall and Rittner. The parking enforcement company is Care Parking. Does anyone have any experience with them?
    And has anyone successfully removed their car parking space from the "system" and did it lead to problems?
    Thanks. You experiences would be most welcome.
  • System
    System Posts: 178,094 Community Admin
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    edited 5 September 2016 at 5:01PM
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    Have a look at this. A hearing will cost £200 but if a few of you get together, you may be able to see them off - Rendall and Care.

    https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber

    Managing Agents have a worse reputation than Estate agents. Adding parking companies into the mix means you have to bring a dose of reality to the situation. See how many others are having problems and get together.

    Leasehold Advisory Service are a good source of information too.
  • xyzperson
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    That is really helpful. I did not know that either existed!
    My problem will not go away anytime soon - but I will keep this thread informed about progress.
    Any more advice or information will be gratefully accepted.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 5 September 2016 at 6:19PM
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    Send a copy of the MK lady's case to the MA, also this one

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

    PPCs are on very dodgy ground when they try to harass residents in "own space" events. Have you raised this with rhe Residents' Association or at the A.G.M.?

    WRT changing the MA, it is difficult, takes a long time, and is expensive, especially if several block of flats are involved. We tried in once in a block of flats where I have a property. The MA, who were also the Landlords, opposed it and we had to give up due to escalating costs. You have to get all the leaseholders on board, and I for one was reasonably content with the MA.
    You never know how far you can go until you go too far.
  • Half_way
    Half_way Posts: 7,054 Forumite
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    With regards to the management agency who took on the parking company, you need to hammer home to the MA that they, as principal are severally and jointly liable for the actions of their agents this means that they ( the management agency) could be liable for your costs/expenses and any other costs as mentioned in the above / attached articles.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • xyzperson
    xyzperson Posts: 24 Forumite
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    My MA is not playing ball and is introducing their new permit system on 15 October. My lease says:-

    Covenants enforceable by the Landlord and the Management Company

    20. To comply with and make every endeavour to ensure that all persons living in or visiting the Flat or using the Parking Space or any part of the Maintained Property shall comply with all such regulations as the Management Company shall from time to time make for the preservation of the amenities of the Development or for the general convenience of the Owners and occupiers of the flats (The Management Company having the power to vary or add to such regulations from time to time as it thinks fit).

    My car parking space is my property, shown edged red on a plan and is shown in the lease as the surface of it. It is not a part of the maintained property.

    Do you think I can tell them I do not want to be a part of the permit system? Or am I obliged to be a part of their rules?
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