ukpc advice

dunk123

It's not a residential complex it's a housing estate which I live on and pay my management fees I have also brought my house so I think I should be allowed to park my van on a public street / parking space ?

Hot_Bring

dunk123 wrote: »

It's not a residential complex it's a housing estate which I live on and pay my management fees I have also brought my house so I think I should be allowed to park my van on a public street / parking space ?

He's talking rubbish - ignore him.

bazster

So, what exactly would the management company take him to court for? Trespass is the only thing I can think of.

Hot_Bring

bazster wrote: »

So, what exactly would the management company take him to court for? Trespass is the only thing I can think of.

Indeed and access to your own property can hardly be classed as trespass.

dunk123

Anyway what shall I put in the box for why I am appealing ?

Hot_Bring

dunk123 wrote: »

Anyway what shall I put in the box for why I am appealing ?

Whatever you like - it matters not.

Why not - UKPC do not have authority to issue PCNs and so the PCN is invalid ?

The_Deep

YOU'RE the one always banging on about owner / tenants rights and now you think made up rules by the MA override these rights ??????


Thank you for that Mr Bung, I always welcome an ad hominem attack from from an ignoramus, it is so easy to shoot them down.

The Managing Agents act for the landlords. If the landlords do not want riff raff parking their vans in the car park, and it is in the lease, (to which the under lease holder agrees), then they can take action against the under leaseholder, not necessarily for trespass, although the presence of the van in a place reserved for motor cars, is, no doubt, a trespass, but, would you believe, for breaching the terms and covenants of that lease. If the under lease holder plays hardball they can issue a cease and desist order including undertakings not to reoffend with penalties. If the occupant again offends, they can enforce those undertakings. If penalties are not paid they can obtain a lien against the property and inform any mortgage lender thusly.

Clearly, you are out of your comfort zone here Mr B, might I suggest that you confine your advice to more mundane matters, such as P&D dodgers, and blue bay abusers. Leave property matters to people who understand property.

Mr 123, you can park where you like, however, be aware that if you park where you are committing a trespass, there may be consequences. If you own the land you will be in a stronger position, but it really depends on your lease, not an overblown sense of your own self-entitlement

Hot_Bring

The_Deep wrote: »

Clearly, you are out of your comfort zone here Mr B, might I suggest that you confine your advice to more mundane matters, such as P&D dodgers, and blue bay abusers. Leave property matters to people who understand property.

As a property developer and a landlord with multiple properties I of course don't understand anything about property. :rotfl:

I suggest you go back to your campaign of getting people to go to court at their own risk for your own misguided vendetta when you actually don't understand the court system ( as many have pointed out to you ).

bazster

Where did the OP say he's a leaseholder? He says he bought a house, so it's much more likely to be freehold.

If so, he's contractually bound only by whatever he agreed with the seller, which I suppose might contain a clause by which he agreed not to park commercial vehicles in the access road. On the other hand it might contain an easement allowing him to do whatever he wants on the access road. Given that the road isn't his property then of course trespass might apply, depending on what easements are in place.

But whatever he agreed with the seller I doubt it's an enforceable covenant. A restrictive covenant applying to your own land, sure, but a covenant restricting what you can do on someone else's land? I don't think so! In which case, it's a contractual restriction with no long-term future because whatever is contractually binding on the initial purchaser (from the developer) isn't going to bind subsequent purchasers. Although, of course, trespass might still apply.

bod1467

dunk123 wrote: »

a company lease vehicle

The_Deep wrote: »

a commercial vehicle

The_Deep wrote: »

their vans

How has a lease vehicle morphed into a van? I have a company lease vehicle - a VW Golf GT - more commonly known as a "company car".