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Leasehold Flat Parking Permit

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  • Half_way
    Half_way Posts: 7,053 Forumite
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    Having a PPC infest the land is hardly a convenience, in fact its quite the opposite
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,024 Forumite
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    Demand to know in what way the scheme works "for the preservation of the amenities of the Development or for the general convenience of the Owners and occupiers of the flats" (doesn't seem very "convenient" to me). And also demand to know where in the lease it states that failure to comply with any such regulations results in having to pay a third party company some arbitrary sum of money.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    The purpose of a PPC appointed by a Management Agents is to prevent rogue parking. It cannot be to harass and interfere with the owners' quiet enjoyment of their property.

    Send them a cease and desist letter, withdraw from the scheme, and warn them that any further trespass on your land will result in a civil action. You are in the driving seat here.
    You never know how far you can go until you go too far.
  • xyzperson
    xyzperson Posts: 24 Forumite
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    Thanks for these helpful posts. I am about to send a gentle letter to the MA - and hope - I should prefer to sort this out amicably - but I will be using your ideas. Thanks again
  • xyzperson
    xyzperson Posts: 24 Forumite
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    The reply from the MA was not helpful. I am thinking of sending the MA and the care parking company this. Any comments would be helpful:-

    We require an undertaking not to trespass on our land and not to place tickets on our cars. We have registered title to the parking plots. We do not have you any access to our spaces without our written permission. You also have our car numbers.
    If you refuse to give an undertaking and enter our land and / or place a notice on our cars then we will issue county court proceedings claiming damages for trespass. We will seek to recover our legal costs from you if this becomes necessary.
    Many thanks for reading this.
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,024 Forumite
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    xyzperson wrote: »
    The reply from the MA was not helpful.
    What did you say to them?
    What did they say to you?
    Without knowing both (in detail, not a vague summary), then it's hard to recommend what the next step should be.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    You might wish to draw their attention to Davey v UKPC.


    Head the letter "Cease and Desist"
    You never know how far you can go until you go too far.
  • xyzperson
    xyzperson Posts: 24 Forumite
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    Here is some more information which may help - I did not want to deluge you with it.
    The reply I got was in reply to questions I raised.
    1. I asked for a copy of the contact between the MA and the parking co. The reply said:- The contract is in place between MA and Parking Co, this is not typically an item we would give out for any contractors put in place. If you can confirm what you wold like clarification on from the contract I can obtain that for you.
    2. I requested a copy of the legal advice they had taken when they first put the process in place. I had mention that it existed in 14.08.14. The reply said:-
    I can confirm that this was reviewed by the solicitors instructed on this site and it was confirmed that tickets issued are enforceable and this does not breach the terms of your lease. Parking enforcement is common place in both the majority of MA's sites and generally in apartment blocks in the UK.
    My note: The advice was before the Davey case - and obviously I have no idea what was requested or what was said.
    3. We previously had a workable solution made with the then member of staff who has now left. In reply to a point about the changes they say are:-
    As previously advised the arrangement that you had previously discussed with two members of staff at the MA are not the terms of the parking enforcement currently in place. Your Board have confirmed the regulations of the parking patrols, this is confirmed in the attached, which are now in place regardless of what was previously discussed.
    4. A general point:-
    As advised to you already the new site regulations are noted on the attached and will be enforced from the 15th October 2016. I appreciate you would like this to be amended but it has been agreed with the The Management Company Ltd. and this will not be changed. The site regulations for parking enforcement are clear and we will not be amended these to your preference
    5. Their letter said:-
    Following a review of the parking enforcement system we would like to remind all

    residents of the rules and regulations for vehicles onsite. Please find below in a bullet

    point format:

     It is for landlords to ensure they renew their permits on an annual basis

     For each bay there will be a permit and a visitor permit provided, one car can be

    registered against each permit

     There will be no more than two permits issued per bay

     If you fail to register a vehicle against your permit, and if do not have your permit

    clearly on display a ticket will be issued

    o The onsite caretaker has permit holders available for residents if required

     If you wish to appeal the ticket you will have to contact Care Parking directly,

    neither MA nor the onsite caretaker will be involved in the

    appeals process

     If you lose your permit a new permit can be purchased at a cost of £10 from Parking company

    We can confirm that the patrols will re-commence on 15 th October 2016, the patrols

    will usually be taking place early morning, afternoon and late evening. To prevent any

    tickets being issued please ensure that you have your valid permit on display in your

    vehicle by the 15 th October 2016.

    Thank you in advance of your co-operation.
  • System
    System Posts: 178,093 Community Admin
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    1. I asked for a copy of the contact between the MA and the parking co. The reply said:- The contract is in place between MA and Parking Co, this is not typically an item we would give out for any contractors put in place

    Send a "S.20 Landlord and Tenant Act 1985" notice to the Agent asking for details of the "Long Term Service Contract" they have made with the parking company. They have 21 days to reply.

    A "Long Term Service Contract" is defined in law as contracts for services that last for more than one year and cost any one leaseholder in a block more than £100 per year. At the same time, ask for the Managing Agents own contract as that falls within the definition too.

    Ask them also for the details of the results of the consultation undertaken under the Act.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    xyzperson wrote: »
    The reply from the MA was not helpful. I am thinking of sending the MA and the care parking company this. Any comments would be helpful:-

    We require an undertaking not to trespass on our land and not to place tickets on our cars. We have registered title to the parking plots. We do not have you any access to our spaces without our written permission. You also have our car numbers.
    If you refuse to give an undertaking and enter our land and / or place a notice on our cars then we will issue county court proceedings claiming damages for trespass. We will seek to recover our legal costs from you if this becomes necessary.
    Many thanks for reading this.
    Many thanks? This is too polite IMHO.

    Here's one I wrote in 2014 re a similar issue post #30:

    http://forums.moneysavingexpert.com/showthread.php?t=4777418

    Get angry - if you have registered title to the parking space you own it. Do as IamEmanresu says - he has experience of this sort of battle.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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