New parking regulations at home...

Daniel_san

The problem we have here is that around 70% of the properties in this block are buy to let, so asking others in the block holds no weight (I'm assuming, as they're only tenants). I would need to contact the actual owners, and I don't have their details.

We have a group of owners on bulk email but when I raised this parking issue to all of them, I got just 2 replies. 1 saying she thinks it's a good idea and the other from the director outlining she felt is was needed. I've lived here 7 years and no once has someone used my space! I've seen about 6 notes maybe on windscreens saying don't park here, and none of those in the last 2 years, so I can't see there's THAT big a problem. The contents of that email, stating my issues with the parking situation, also ended up on the desk of Warwick, as they knew all about my opinion before I'd even outlined it to them. So right now I feel anything I put to the others via our email group might as well be put to Warwick, as the director is clearly keeping them up to speed (did anyone say back hander? Of course not).

I asked Warwick: Could you provide me a copy of the contract with all parties concerned please, including that of your sister company UCS Parking.

And the response:Somehow I have not saved the UCS agreement so have requested this.

bazster

Good grief, this is hard work.

Assuming you are a member of the company (which you don't seem too sure of), just ask the company secretary or the directors for a copy of the membership register.

You need to put some effort into this if you want to fix it, we can't fix it for you.

Coupon-mad

http://srbpower.com/dandan/ucs-ticket.jpg

Re that ticket, the recipient can either:

- wait for the Notice to keeper or first letter, whatever it's called, even if from a debt collector (= the signal to appeal as keeper, not implying who was driving)

or

- wait until around day 23/24 and then appeal as keeper, not implying who was driving. There are reasons to wait which would become apparent at POPLA stage.

In either case they can use the template in the newbies thread, no need to write anything else. Their choice whether to wait but don't rush to appeal and don't start worrying about the stupid bribe (discount deadline) as they won't be paying a penny.

Daniel_san

Sorry Baz, I've absolutely no idea how it all works. We had a nightmare with OM management, then got a letter from Warwick saying they could sort the RTM process for us as long as we used them for 1 year, so we went with that. One person was appointed as director and that's how it's stayed.

I've got hold of the RTM company incorporation docs through Warwick now and the Memorandum of Association lists only 1 member, the same name as the director. It says I/we have to write and request membership, which would be granted as I am the owner/occupier. I think I'll write a template letter and pass it on to others so people can add themselves too without too much hassle.

Coupon-mad, thank you. I think the driver is going to ignore it and let the keeper wait for the letter to arrive between day 28-56
The keeper assumes the letter will also include a photograph as evidence, as otherwise there's no evidence anyway. Once the letter arrives, the keeper will follow the excellent guidelines on here, I'm sure

Daniel_san

Thanks BM!

Yes, United Secretaries I think it said on the paperwork, without digging it out again.

I've managed to get Warwick to give me 6 months of invoices (they say it's 6 months worth anyway, waiting for the rest now) and have been looking through some of them just now. Quite shocked to find Warwick are invoicing the RTM company late payment admin charges of £50, £75 and £425 all +vat, and debt referral fees of £100 and £1000+vat, and then a H&S inspection charge of £666+vat, and they've charged to visit the site and make a report on defects with a leaky roof at £575+vat.

Does any of the above seem normal please in your experience?

bazster

Daniel_san wrote: »

Sorry Baz, I've absolutely no idea how it all works. We had a nightmare with OM management, then got a letter from Warwick saying they could sort the RTM process for us as long as we used them for 1 year, so we went with that. One person was appointed as director and that's how it's stayed.

I've got hold of the RTM company incorporation docs through Warwick now and the Memorandum of Association lists only 1 member, the same name as the director. It says I/we have to write and request membership, which would be granted as I am the owner/occupier. I think I'll write a template letter and pass it on to others so people can add themselves too without too much hassle.

Coupon-mad, thank you. I think the driver is going to ignore it and let the keeper wait for the letter to arrive between day 28-56
The keeper assumes the letter will also include a photograph as evidence, as otherwise there's no evidence anyway. Once the letter arrives, the keeper will follow the excellent guidelines on here, I'm sure

As I understand it when the RTM company is formed it must formally invite all leaseholders to become members. If this didn't happen then the law has not been complied with, the RTM has not been properly established, and presumably everything the RTM company does is ultra vires.

Sounds to me like Warwick have got their feet under the table here and are milking it for all they can. If they are basically running the RTM company it seems very convenient that the RTM company keeps paying late and thereby incurring these ludicrous fees. £1,000 debt referral fee? What the hell is that supposed to be for?

You've got to get rid of them. You might want to consult a solicitor who specialises in this area if you can afford it, and you certainly want to put all this information in front of your fellow leaseholders.

You obviously know who the one director is. Have you told him about the evident connections between Warwick and UCS? While you are at it, ask him whose idea it was to bring in a PPC (I'm betting it was at Warwick's instigation), and ask him to explain all these late payments and the ludicrous charges arising.

Daniel_san

Just a quick update as an FYI. It's been 59 days since UCS issued a parking invoice and no NTK or any other correspondence or communication has been received. Sadly where the parking is concerned, out of the 6 people that turned up for a meeting with Warwick a few weeks ago, it's only me that has an objection to UCS operating on site. The others don't mind, don't have a car, or actually do want them there as their space has been used or blocked a few times. It was Warwick that suggested putting them in place, so no surprise there though. Nobody is concerned over the Warwick / UCS links either.

At the meeting, the late fees and debt referral fees invoiced to the RTM company were explained as being for late or non payments by some residents, and those fees are then passed on to those residents concerned. I was shown a paperwork trail for several residents/owners who hadn't paid their management charges for the last year and it seems Warwick invoice the RTM company for fees, then the RTM company pass that fee to the resident/owner and of course eventually the payments are received from the non payers. I've no idea why they try to get out of it other than they just don't have the money....

patman99

Daniel San, I would suggest that if there is a chance to become a Director of the RTM then take it. FRom such a position you can issue orders to remove the PPC and even to remove WE as the MAs.

The way WE act reminds me of an outfit called 'Century Property Management'. They bill for work not carried-out, fail to organise yearly AGMs (a legal requirement) and even once billed residents on one estate for work carried-out on another estate elsewhere with the same name.

I guess we are lucky where I live as our MAs are very much under the instruction of the sites that employ them. If we are late paying our service charge, they send a reminder letter but don't bill the RTM for it.

Daniel_san

Thanks guys.

Regarding the late fees etc, the lease says any amount more than 28 days overdue will be charged at 4% above BOE base rate. It does also say plus any fees incurred by the lessor and their solicitor in recovery of said funds - or words to that effect.

The accountancy issue has been raised by someone previously and I think I now have all invoices relating to WE's first year managing the building and I cannot see any invoice relating to accounting. I'll have to ask the question directly and see who did the accounts for the 2013-2014 year. Thanks for the reminder.

I've previously asked WE to add me as a director, or to let me what I need to do. The person I was dealing with left suddenly recently, so I've put the question to their replacement at WE. If I get no reply during the next week, I'll contact Companies House directly and ask them to advise. I agree I need to do this though for sure!

Again regarding the late fees, WE are sending reminders to people informing them if they fail to pay, they will incur the late fee. Part of me kinda thinks that's fair enough. People know they have to pay, so not paying is silly.

haha Blue_Max, yes....I am already a trouble maker in many eyes! I'm also "petty" apparently...

I've also had a letter regarding the main point of this thread....parking....so I'll add a new post shortly

Daniel_san

So.....PCN issued 8th August 2014
1st letter, in the form of a debt collection from TNC, received Saturday 11th October 2014
I make that 63 days.
2nd letter, from TNC, received exactly 1 week later, on Saturday 18th October 2014
No, NTK has been received, so from what I've read on these forums, I should treat this 1st letter as the NTK and make an appeal to TNC (as it says on the letter from them, and send a copy to UCS with covering letter).

1st letter: http://adobe.ly/1sCTUDy
2nd letter: http://adobe.ly/1ojkWSf

Could someone just confirm that the following is now the correct template I should be using to respond please? I'm sure it is, but I want to be 100%, thanks!

Bloggs PPC
Anystreet
Anytown


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on the following grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is an unrecoverable penalty and not commercially justified.
b). The signage is insufficient, the risk of a charge is not transparent and the wording is ambiguous.
c). There is no evidence that you have any proprietary interest in the land.
d). Your written 'notice' fails to comply with the POFA 2012.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is threefold:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn in the absence of evidence. As such, you must either rely on the POFA 2012 or cancel the charge if you cannot claim keeper liability. Please uphold this challenge or send a rejection letter, so I can escalate this appeal to the independent appeal service offered by your Trade Body.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal costs. Equally, I have incurred costs to date, for researching the law, reading your Notice and responding, despite a lack of contract. I calculate both my costs and yours to be under £15 at this early stage, therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my expenses.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract and it is not for me to reimburse you for foisting an unexpected and non-negotiated contract upon any driver of my vehicle. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - your IAS or POPLA, then the contract still ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.
4. As no Notice to Keeper has ever been received, the keeper no longer has any liability.

As well as not meeting the requirements of the POFA 2012, it is my view that you have breached the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013. In replying, you will also be acknowledging receipt and understanding of points 2 and 3 above. Where sent by post I have obtained proof of posting; where submitted online/by email it is deemed received by you unless proved otherwise. I look forward to your considered reply within 35 days.

Yours faithfully


{the registered keeper's name}