Managing Agent is Freeholder - why hide this?

Sparsholt

I have sent my first appeal letter to UK CPM from the registered keeper and awaiting their response - I bet it will be turned down. I have taken photos of the entrance to the parking and entrance lobby to flats as no signs displayed to say residents have to display permits at all times. Sign is hidden at back of car park. I have been researching and found UK CPM's website. Sorry as a new user I cannot add the link to the website.
Their clients can buy the signs which are standard with a small area for the client to insert their own words, in my case they added the bit about parking permits must be displayed at all times. Also the client can purchase the kits to self ticket and can waive tickets. It looks like the Director is Mr Lukhbir Singh Gohler from Companies House. Company number 07383860.
The managing agent for my block of flats could not provide me with a copy of the agreement with UK CPM and he told me the owner of the Freehold is Admiral's Wharf Ltd. Well checking out this company on Companies House shows me that the managing agent for the flats purchased the freehold and is the director of Admiral's Wharf Ltd!!! He also told me he could not get involved re the ticket when I now know he can waive tickets as per UK CPM website as he is the client. What I am interested to know is whether he receives a proportion of the ticket money and therefore his reluctance to get involved? He is now really annoyed with me for questioning him, this is his last response:-


The parking arrangements established at Admiral’s Wharf were put in place to ensure your rights of quiet enjoyment and do not interfere with them. Proper notice in writing of the arrangements were notified to every Lessee prior to their introduction and there is no harassment of anyone using their own parking space properly displaying a permit. For the record I resent the assertion regarding the management of the property.


I have still not received my permits for the parking bay I am renting from another flat owner which is suppose to be provided in a timely manor. He said he sent it 2nd class post last Thursday so I am suffering a lost as cannot park in my space for fear of getting another ticket. From the UK CPM website he would have purchased a supply of permits so he may be not sending on purpose!


Any more suggestions?

bazster

Park away. You've paid for it, use it.

Of course he's getting a kick-back, £10 for every ticket paid.

Appeal each and every ticket you get to UK CPM (say any old garbage, it doesn't matter). Then, when they reject, appeal them all individually to PoPLA (not something I habitually advise, but if you get a series of tickets this will hit them where it hurts because they have to pay £27 every time you appeal to PoPLA).

After they've coughed up £27 a few times (and Mr. Gohler hasn't received his £10) they'll soon stop wasting their time on your cars.

But before you write your first PoPLA appeal, come back and post up a picture of the sign. UK CPM's signs are a bit slippery so the PoPLA appeal has to be worded right to get the legal points across.

PoPLA will be totally uninterested in the siting of the signs, they could stick them face down to the floor and PoPLA wouldn't care.

The_Deep

Of course he's getting a kick-back, £10 for every ticket paid.

Should this not be included in the annual accounts under income. If so what is the problem?

Also, according to various websites I have visited, Mr Gohler is a director of UKCPM and there is an an applicatiom to strike off this company.

http://companycheck.co.uk/director/912043877

http://www.companiesintheuk.co.uk/ltd/parking-control-management-(south)

Sparsholt

I thought I would try one more email to the Managing Agent, haven't let him know yet that I have worked our he is the Freeholder as well. To see if he provides me with any information I can use for future action or if he will now waive the PCN:-
I have been researching UK CPM and the client can waive PCN's.

Also according to various websites I have visited, Mr Gohler is a director of UK CPM (he has 4 resigned appointments and 3 dissolved appointments - the latest on 8th April for Parking Control Management (South) Limited who were dissolved via voluntary strike-off) The parent Company of UK CPM I believe. I would be very interested to receive copies of any due diligence you conducted on UK CPM and its Director's before you appointed them to manage the car park. Especially any information you have of the previous Company operations. Also could you provide me with a copy of my agreement as a lessee to the permit scheme, in particular that I accepted that I would have to pay a penalty if I parked in my bay but not displaying a permit. I have also been reading the code of conduct and a reasonable grace period must be given before issuing a ticket, therefore I would like to know what you would consider as a reasonable period of grace. I obviously have my opinion. I will in the meantime continue my research in preparation for the Appeal being declined which I understand is standard practice.

If indeed you are able to get the PCN waived, I would hope you would do this to prevent the escalation of this matter.

The_Deep

So, your managing agent is your landlord and a director of the car parking company. I do not think that he will help you at Popla.

However, once you have won your Popla appeal you can leaflet all your neighbours and bring this to the attention of Trading Standards, it would seem that you MA is not working in your best interests and has a vested interest in breaching the quiet enjoyment of his tenants.

You can, in certain circumstances, dismiss the MA and manage the property yourselves.

bazster

I don't think Mr. Gohler is the landlord or managing agent, I think the OP has confused us slightly over that.

I think the OP should stop faffing about and simply start collecting tickets to appeal, one after another until they get fed up paying £27 at PoPLA (and the managing agent gets fed up issuing tickets for which he gets no kick-back).

And yes, as soon as he gets his first PoPLA win he should notify all the other residents.

Sparsholt

I have started parking in my bay again and no further tickets so far. Mr Gohler is director of UK CPM. Mr Brady is the managing agent and director of Freehold company. I was going to state that I opt out of the scheme and not to trespass on my car park spaces etc but then I wanted him to produce proof because he said that he got agreement from all lessees. Well I don't remember agreeing to this as a lessee. If he doesn't have proof then no contract in place.


I will indeed be sharing this information with the other residents.


Does anyone know if their is a code of conduct for Managing Agents?

bazster

Mr. Brady may already have decided that ticketing your cars is more trouble than it's worth.

Sparsholt

That's what I am hoping for. He shouldn't have underestimated me as I will not let this drop. Will update if I make any progress.

Sparsholt

This is Mr Brady's reply!!!

I conducted no due diligence before implementing the system of parking control.
2. It was instituted on a one year trial at no cost to the Service charge following unrelenting complaint as to unauthorised parking by the then Lessees/their tenants.
3. Given it’s successful and effective operation the scheme continues.
4. Every lessee was notified of the initial introduction and it is worth perhaps reminding you that you neither acknowledged, responded, demurred, requested further information or queried the terms under which the scheme was established at that time.
I am taking no action in relation to your appeal.

nigelbb

Sparsholt wrote: »

Every lessee was notified of the initial introduction and it is worth perhaps reminding you that you neither acknowledged, responded, demurred, requested further information or queried the terms under which the scheme was established at that time.

He has shot himself in the foot by confirming that you didn't agree to the scheme