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Car clamped in my own parking space
Comments
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Leaseholder consultation doesn't come into it, either the long lease allows for parking fines or it does not. The management company is an agent of the superior landlord and has only his rights and responsibilities - they do not work for the leaseholders unless they have invoked the Right to Manage. In any case it cannot be lawful to fine someone for correctly using their own parking space!
I would not take this to small claims unless I was confident of winning, as I assume this is a win or lose scenario? At an LVT they would determine liability to pay AND reasonableness (i.e. magnitude) of any administration charges that the leaseholder might be deemed to be liable for. Here a £10 parking charge was found not to be reasonable:
http://www.lease-advice.org/decisions/other/pdf/1739.pdfDeclutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Another very disturbing aspect of this case is that it appears the unilateral change to the agreement was not even formally notified to the residents by the management company itself, but delegated by them to the clamping company, & further, & very crucially, without prior formal notification to the residents that the clamping company was indeed authorised by them to act on their (the management companys') behalf in the variation & implementation of that agreement.
In my view the management company & clamping company have acted both 'ex post facto' (after the deed) & 'ultra vires' (beyond their power).
Consequently, the variation to the agreement is, in my considered & humble opinion, invalid.
I firmly believe, pippaki has them both by the 'proverbials' & it's time to start squeezing, hard!!0 -
I know its probably not germain but just why was there a clamping company contracted in the first place? I don't remember seeing this anywhere.(unless I missed something)I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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peter_the_piper wrote: »I know its probably not germain but just why was there a clamping company contracted in the first place? I don't remember seeing this anywhere.(unless I missed something)
I believe your point is of relevance - in the OP's post at *50, mention is made of an outfit called 'Bay Park' & permits issued by them.
It appears reasonable to assume that the OP may have been displaying a 'Bay Park' permit in her vehicle at the time of clamping, which if so, would strengthen her claim all the more.0 -
Further to my posts at *93 & * 95:-
You also have the ludicrous & unacceptable situation of the new clamping company (not the management company), informing residents that their 'Bay Park' permits were no longer valid.
As has already been advised by others (here & on pepipoo), I believe that the OP & other residents would be fully justified in witholding any service charge payments to the management company until such time as the matter has been fully resolved to their satisfaction & monies returned; this action being in addition & in parallel to the court claim.
Go get 'em Pippaki.0 -
here is my question If it is HER parking bay which she OWNS and paid for and is in her lease Would she need any form of badge/permit ?? But also if another car parked on HER bay could they do anything to stop it ?even if she wanted them to??
Another one in the fire If i was her brother and visited and parked on HER bay without badge/permit would this be just and "allowed"
Just a thought:cool: hard as nails on the internet . wimp in the real world :cool:0 -
But also if another car parked on HER bay could they do anything to stop it ?
You shouldn't park there so we're gunna clamp you there and you're going to stay there!!! (Kind of like super gluing rubbish people throw into the street onto the pavement).0 -
"""here is my question If it is HER parking bay which she OWNS and paid for and is in her lease Would she need any form of badge/permit ??"""
On this hinges the whole clamping thing. If she owns the spot then the clamper is trespassing and the Managing Agent cannot impose any rules regarding clamping on her.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0 -
Well you must have missed the fact that the car park is gated. Also, does clamping a car in a spot not make the car more of a problem as the owner is no longer able to move the car away.
You shouldn't park there so we're gunna clamp you there and you're going to stay there!!! (Kind of like super gluing rubbish people throw into the street onto the pavement).
With respect i never missed the fact. Also you never missed the fact there is a need to clamp there(or may i say there are clampers operating there whethers there is a need is debatable). I am pointing to a relevant point its her bay so clampers have no right to clamp her (trespass) or help her with "an intruder" thats managed the gate system and parked on her bay? Parking control has its place . Robbing scammers dont
peter-the-piper thanks thats my point:cool: hard as nails on the internet . wimp in the real world :cool:0 -
As has already been advised by others (here & on pepipoo), I believe that the OP & other residents would be fully justified in witholding any service charge payments to the management company until such time as the matter has been fully resolved to their satisfaction & monies returned; this action being in addition & in parallel to the court claim.
I wish people would stop recommending this course of action. There are strict criteria whereby you can withhold service charges (Commonhold & Leasehold Reform Act 2002), if a leaseholder takes action outside that they end up in breach of the lease. You could be encouraging someone into a CCJ and the outstanding amount of service charges added to their mortgage! :mad: Please can someone post on Pepipoo to this effect?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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