Devere parking services ltd

kirkbyinfurnesslad_2

No of course tennants dont normally get to see the lease.

He/she would need to chase the LL for it.

The is a chance the land registry will hold the lease details but this is often not the case

nigelbb

Any appeal to POPLA would contend that the lease does not oblige residents to display a permit.

Were you in residence before the permit scheme was introduced? How old are the flats? If they are not modern it's all but impossible that anything would be in the lease about parking permits. Even if they are modern it's also extremely unlikely that anything would be in the lease about parking permits.

Half_way

As above check the lease, you nede to get this form your landlord, its different to the rental agreement.

If the lease says nothing about permits, then you are pretty much in the clear - please post on here what it says - and what its called.

if the lease is in the claer then why should you pay to park on land that you are entitled to aprk on, why should you even display a permit??
Do you need a permit to park your body in your bed at night?


So if all is clear, then why continue with this permit farce??
each time you get a ticket use popla to challenge it, depending on how much the parking person patrols your area you could pick upto 7 tickets per week, this should generate up to 7 separate challenges to popla, yuo can keep this up until you get fed up with it - at that point you need ot tell the parking company that they are trespassing on your land and they need to stop.

Guys_Dad

Half_way wrote: »

As above check the lease, you nede to get this form your landlord, its different to the rental agreement.

If the lease says nothing about permits, then you are pretty much in the clear - please post on here what it says - and what its called.

if the lease is in the claer then why should you pay to park on land that you are entitled to aprk on, why should you even display a permit??
Do you need a permit to park your body in your bed at night?


So if all is clear, then why continue with this permit farce??
each time you get a ticket use popla to challenge it, depending on how much the parking person patrols your area you could pick upto 7 tickets per week, this should generate up to 7 separate challenges to popla, yuo can keep this up until you get fed up with it - at that point you need ot tell the parking company that they are trespassing on your land and they need to stop.

See Bargepole's post #8. Bargepole is a respected experienced poster and his knowledgeable advice is a bit of a warning that Devere do court and the local courts have a reputation for backing them.

Your "advice" - safely dispensed from your armchair with no personal risk - if followed, could cost the OP hundreds of pounds. The fact is that leases quite often give the landowner or management company quite a leeway to introduce any measures that may not have been in original leases if deemed to be in the interests of good management.

I have recently seen a letter to leaseholders from their own management company banning cats and dogs , banning patio heaters and BBQs (following a fire in the block), and introducing a PPC. None of that was in the original lease, but the lease gave the management company discretionary powers that covered these changes.

Stroma

You are missing the point guys dad, its not going to cost more for the motorist to use popla beyond the 40% discount if he decides to pay after. So with this company it's a no brainer to go there. And it's not just on this point that the appeal will be done.

There are many different ways to attack this , and I'm sorry Guy you don't know all the ways that an appeal to them is done. Popla can work at times like this, I'm not a huge fan of it, but I do recognise when it's good to.

Guys_Dad

Stroma wrote: »

You are missing the point guys dad, its not going to cost more for the motorist to use popla beyond the 40% discount if he decides to pay after. So with this company it's a no brainer to go there. And it's not just on this point that the appeal will be done.

There are many different ways to attack this , and I'm sorry Guy you don't know all the ways that an appeal to them is done. Popla can work at times like this, I'm not a huge fan of it, but I do recognise when it's good to.

You have missed the point I was making and my previous posts made it clear that I was in favour of going via POPLA with a decent argument.

I was challenging the two points made by Half-way.

(1) if the lease doesn't mention PPC,s then you are in the clear. I have current experience of where additional restrictions can be added to leases by management companies without re-drawing up new leases and an on-going court case involving a close friend of mine is in progress on that very issue.

(2) With Bargepole's clear experiences of the local situation, then advice such as "you could pick upto 7 tickets per week, this should generate up to 7 separate challenges to popla, yuo can keep this up until you get fed up with it - at that point you need ot tell the parking company that they are trespassing on your land and they need to stop." would be a very, very risky strategy that I, for one, would not wish to underwrite.

So, you and I would do a POPLA appeal and then take a chance on court. I have said as much in my previous posts and have also referred OP to the BPA COP and various pointers to check out without parting with any money. But winning involves confidence and I don't get those vibes from OP, so I don't think they should get all the previous flak for making a commercial decision to settle on the lower amount, even if I would not follow that path.

I'm sorry if I didn't make myself clear.

Half_way

The key word is '"If"
appart form that the OP needs to check the actual lease/freehold agreement - both to be sure, and for re asurance on where they stand with regards to the parking space(s)

I would also advise that the Op complains to the management agnecy/company/comittee and if the lease/freehold is in the clear inform the mamangement that they wish to wiothdraw from the permit scheme with imediate effect, and any one unauthorised by the OP entering the parking space without permision will be trespassing.
somewhere there was a case where a PPC/mamangement company
kept on ticketing someones car on their own space, and that person took the PPC to court for tresspass.

So, you and I would do a POPLA appeal and then take a chance on court.

A well put together challenge to popla should see devere, and any other PPC off.

prosnap

More money gone to the dark side ..... :wall::wall:

My signature never made more sense than now.

Guys_Dad

Just been reading more about Devere on the web. Even named the JP behind the company who is very keen to remain in the shadows.

Very important point for the OP - what is the charge that the PPC is demanding from you - both amounts (the discounted rate and the rate applicable if you don't pay the lower amount).

The reason is that Devere have demanded £125 from some people on other threads and this is outside the BPA guidelines, which should be a POPLA winner.

Please do get back to us with that answer.

Nah_2

Guys_Dad wrote: »

Just been reading more about Devere on the web. Even named the JP behind the company who is very keen to remain in the shadows.

Very important point for the OP - what is the charge that the PPC is demanding from you - both amounts (the discounted rate and the rate applicable if you don't pay the lower amount).

The reason is that Devere have demanded £125 from some people on other threads and this is outside the BPA guidelines, which should be a POPLA winner.

Please do get back to us with that answer.

Wow I've stirred up quite a discussion in here.

I had 2 weeks to pay £60 or it will be £100.

To be honest with everyone in here the whole checking the lease situation sounds like more trouble to me than I'm prepared to go through.

If that upsets you then please just leave the thread rather than abuse me.

I haven't had a NTK yet though, when should I be expecting that?

Is it something you get after a day, week, month, year?

I can't stress enough guys, I really appreciate the helpful comments.

Edit : they also want £10 for the evidence.