New parking regulations at home...

Daniel_san

haha OM - Peveral yes indeedio! Useless shower of 5hite! Not sure who's worse tbh at this point.

Based on comms so far, both verbally and via email, the land owner wasn't aware of the PPC on site, and hasn't been aware of the two previous PPC's either. They don't feel it's anything to do with them, it's down to MA and RTM. They have not signed any agreement with regards PPC's. They are still the legal land owner. I got all this through several phone calls and emails for parking info and because I want consent to replace carpets with wood flooring and wanted info about approved underlay for reasons of sound insulation as I am on the top floor and don't want to be paying for the job to be done twice because downstairs complain about noise transmitting. The land owner / E&M, have now informed me that consent for minor things such as this, are handled by the MA & RTM (oh joy), so I'm not waiting for them to respond to my request.... If I wanted to make more, major changes, then the land owner would be the one to provide consent where applicable.

I'm certainly not aware of any transfer of interest with regards the land to the MA / RTM. The RTM process involved us saying yes or no to RTM, then I received copies of a document served upon Theowal by the MA to formalise the process, with a date given, and a list of all leaseholders name and their plot/flat number (most are buy to let anyway). That was it. Apparently there should have been an invitation to participate, which possibly gave the opportunity to become a director at the outset, but I never received this, unless it was part of the same letter, or meant to be.

Thank you

safarmuk

haha OM - Peveral yes indeedio!

I know them well [they are now called Firstport Property Services Ltd.], I believe they used to be part of the same group as all those land owning companies mentioned above. Eventually they ceded from that group it seems and E&M was set up to collect Ground Rent only whereas Peverel (now an independent MA) did the Service Charge ... not sure how long you have owned your flat but if long enough you would probably remember the days when your Ground Rent and Service Charge came in the same invoice and from Peverel. The dates on Companies House (and previous familiar Directors who resigned) gives you a clue to when this all happened. Although Peverel had issues, so many times I have now heard from people that "in hindsight, they were better than the lot who replaced them ..."

Based on comms so far, both verbally and via email, the land owner wasn't aware of the PPC on site, and hasn't been aware of the two previous PPC's either.

They won't be and won't care that much either, especially given you are RTM. However, if this is breaching your lease you can make them care because simply speaking (albeit it is clouded with RTM because E&M did not make the MA appointment) your lease is with Theowal LTD and they I believe have an obligation to ensure it is not breached (now bear in mind its possible they could subsequently come down on your RTM Company like a tonne of bricks - of which you are most likely a shareholder). Do you know the name of the RTM Company, if so PM it to me (if you don't want to put it here) and I will look into it.

The land owner / E&M, have now informed me that consent for minor things such as this, are handled by the MA & RTM (oh joy),

I'm not convinced ... E&M have a form you can fill in and submit for modifications such as this (it might even be an option on the automated phone system when you call them). If I were you, I would do this by the book as given your situation in the RTM they may come after you if you put a foot wrong.

I'm certainly not aware of any transfer of interest with regards the land to the MA / RTM.

This is key, no transfer of rights to the RTM Company, then doubtful locus standi for the PPC frankly. Your RTM Company should have documents, (e.g. memorandums etc.) ... ideally if you could get hold of those it would be helpful.

One other piece of information that would be very useful to you is your E&M Ground Rent bills for the periods of the PCNs. This bill will show clearly who is the land owner and if there is no contract between the PPC and that company then you have evidence that contradicts the PPC's evidence that they have land owner authority (unless of course authority has been ceded - I would ring up E&M and ask them to confirm whether this is true or not, I very much doubt E&M would have done or allowed that).

Daniel_san

Fantastic info, thank you, I really do appreciate it.

I've owned the place for 10 years now. Solitaire (I just remembered that was the first name) / OM / Peveral were pretty useless, but they didn't ignore residents rights like this lot.

AFAIA, I'm not a shareholder. Only the directors are shareholders with something like a £1 liability I think it says in the articles. I'll pm you the RTM co name for sure, as it's the actual site name, and that's best kept out of easy searching

Consent: Good point, I think I'll go through their phone system or website and see if I can find a consent form to complete.

Ground rent demand clearly states Theowal Limited and their address as the land owner, with E&M as the collector of the payment.

safarmuk

ALTERATIONS AND CONSENTS

The Landlord's consent is often required prior to any alterations being carried out. Consent may be required for major or minor alterations. Some common examples include:
Removing walls
Adding extensions or conservatories
Replacing windows or doors
Replacing internal fixtures and fittings
Keeping pets

Our specialist Consents Team is ready to assist you in seeking any appropriate Landlord consents, carefully reviewing any queries or proposals you may have.

https://www.e-m.uk.com/services/alterations-and-consents/

Get their approval and then present the fait accompli to your RTM company

safarmuk

Got your PM and messaged you back. You need to go to the Companies House page for your RTM Company, click on the Filing History Tab and download the (25 page) PDF titled "Incorporation" (March 2012)... essentially that document lays out the rights and obligations of the RTM Company (section 5), its Directors (part 2) etc.

There are interesting sections on Conflicts of Interest (19), Records of decisions to be kept (20) [10 years], Becoming a Member (26) [for £1 you can become a member] and Inspection and copying of accounts and other records (41). I would suggest you start using this document to your advantage with the help of people on here.

This is all just from a very quick skim, before further action you need to read it and with the help of people on here pick it apart and use it ... so everyone can see it you could download it redact the personal and identifiable information, host it and link it here.

I also note the link between your MA and your RTM Company. You know about that?

The_Deep

I wonder how much all this argy bargy has cost the residents. Someone should ask for the figure at the AGM.

safarmuk

I wonder how much all this argy bargy has cost the residents. Someone should ask for the figure at the AGM.

@TheDeep, correct, however Dan has been thwarted and stonewalled previously in his attempts to get information from the RTM Company, However I firmly believe the "incorporation" document he is going to hopefully redact and put up here for dissection by the likes of you, me and those legally trained on here is the document that may finally force transparency and common sense. I have seen it and from a quick scan it is very detailed on what can, cannot and should be done. From this thread it would appear there are discrepancies ...

Daniel_san

There's no requirement for the RTM co to have an AGM so all requests I've made for one or for a meeting, have been denied.

I'm looking at getting the document and redacting it now.

Thank you

The_Deep

A few years back a resident in my block tried to form a RTM company. I was against it, (as were several others) because the chap was a bit of an opinionated but ill informed blowhard. In the end, he spent nearly £2,000 of his own money to no avail.

The point of this is that RTM companies often attract certain types of people, not all of whom you would wish to have in your corner. If DS can prove that the RTM has been squandering residents' money, there may be a case for their dismissal.

Daniel_san

Redacted Incorporation pdf
https://www.dropbox.com/s/m9nzk93twmn4nqr/incorporation.pdf?dl=0

I have the whole thing saved as 25 jpg files, but I assume nobody wants them all posted on here?

Thank you