New parking regulations at home...

Daniel_san

Could someone also advise if it's worth me adding an "f)" to the above, along these lines?

f) The car park is free to use for residents, and the terms of its use are laid out in my leasehold agreement with the lessor. These are the only terms offered to me of which I accept and agree to, and the Contracts Act 1999 expressly forbids any 3rd party interference with that contract. Therefore your attempt to force your own terms upon me are unlawful and rejected

Coupon-mad

Yes the appeal is fine and you could add point f. Does the TNC letter tell you to appeal to TNC or to the PPC? Do whatever it says and in a trackable form (e.g. by email).

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.

Maybe people can't afford it that month. Extra fees for default are illegal if they are disproportionate to the work involved and if those fees were not explained explicitly - and expressly accepted by the other party - at the time of the contract.

Daniel_san

Blue_Max wrote: »

Do not know why you asked WE to make you a director!
Warwick Estates is only a managing agent. It is not up to an agent of any sort to appoint directors.
It is the shareholders who appoint directors. This usually happens at the AGM.
Do you have regular AGMs every year?
We did not. Few others and myself had to apply pressure for an AGM.

No harm in adding that.
BTW. Have to contacted The Leasehold Advisory Service?
Sending them scanned copies would help.
Also consider adding a thread "Warwick Estates" to the MSE section for leasehold related issues.
There would more people interested who can advice.
Best Wishes.

BTW.
We just had an other cheque for £9000 from WE after making a compalint to the Property Ombudsman.
And we have few more claims pending :-)

Honestly.....because the person at WE I was speaking to via email, offered to add me as a director, and if they do it, it saves me contacting Companies House and finding out what I need to do. With hindsight, it would have been better to just sort it myself I know.
AGM = nope. 18 months under WE.
I'll have a search on WE on here and have a read before I start any new threads, thanks

£9000! wow! Is that amount based on them charging for things they shouldn't be, or overcharging? or is that including some form of compensation too? I'm not defending them at all, but I've got the invoices from their 1st year managing the building and although I've questioned a few things, if the invoices are genuine charges and they've paid them, I'm unsure how they could end up owing so much back.

Thanks for all your assistance!

Daniel_san

Coupon-mad wrote: »

Yes the appeal is fine and you could add point f. Does the TNC letter tell you to appeal to TNC or to the PPC? Do whatever it says and in a trackable form (e.g. by email).

Maybe people can't afford it that month. Extra fees for default are illegal if they are disproportionate to the work involved and if those fees were not explained explicitly - and expressly accepted by the other party - at the time of the contract.

Thanks C-m
The 1st letter from TNC says all disputes in writing to TNC, so I was planning to do just that, and also send a short covering letter to UCS, enclosing a copy of the same so they both get it.
Looks like I can submit a parking appeal to TNC via this page, so that looks to be the most efficient way to deliver it to them: http://www.tncgroupservices.com/parkingappeals.html


Regarding the late fees etc, I guess it's the same as credit card and bank charges, that have all fallen in recent years, to a more reasonable level that represents an actual cost incurred. Makes sense.

Thanks for your help

Daniel_san

Just a quick update for reference sake.
So, 1st letter rec'd Saturday 11th Oct, 2nd letter 18th, and then a 3rd letter arrived 24th threatening legal action and telling me I must tell them who was driving, or under POFA 2012, I am liable as the keeper of the vehicle.

I'd submitted my letter to TNC via their website, and copied with a cover letter to UCS on 23rd October.

Then, whilst I was away on holiday last week, I got an email back from UCS as follows:

Thank you for your email

Can you please advise if you are a resident of the estate, and why you had not contacted us prior to communication with TNC?

Kind Regards


Now I've not answered them yet, but was planning to confirm I am a resident and ignoring the rest of their email as it's irrelevant.

Coupon-mad

You reply:


I am the registered keeper of the car (you have my postal address from the DVLA already so you know where I am a resident) and there have been no admissions as to who the driver was on the date mentioned in your letter. How/why would a registered keeper who was not driving, know anything about the issue until you got my data and wrote to me in October? In addition I remind you that a keeper is allowed to challenge on receipt of the first letter. I note that you chose to call this misleading/red ink filled epistle: 'Unpaid Parking Enforcement Notice' and you suggested appeals had to be sent within just 14 days 'by the driver'. Of course this document should have been headed up as a 'Notice to Keeper' and should have allowed me 28 days to appeal, as keeper. I challenged this clearly within either time limit.

I expect a POPLA code or immediate cancellation - you have no other options and will be reported to the BPA if you try anything else by way of reply, or try to force me to name the driver. That would be outwith the law and outwith the BPA Code of Practice, as you no doubt are fully aware.

MarcFC14

Thanks for posting this, very useful for me as UKPC have issued myself and my family with 4 x tickets since I bought my property (and own my space).

My management agent should be feeding back to me today with an update from UKPC who are asking for £100 per ticket.

Unless they drop the charges this week (i may ask for compensation), I will threaten to sue as per the above. You guys have really spurred me on. Thank you again.

Daniel_san

Update FYI.... after the email from UCS Parking (see post #63 above), I decided to simply reply and confirm I am a resident, and see where that lead to... I was curious to see if UCS cancelled the ticket on that basis, before using the Coupon-Mad method above if necessary!

It's now more than 42 days after submitting the appeal, and I have neither a POPLA code, or a confirmation of the PCN being cancelled. Since replying to the email, I've heard nothing!

I do have another letter, well 3 in fact, from TNC, for another PCN issued by UCS 2 weeks after the 1st one. I've had none since though. Maybe they are slowly getting the message lol

Coupon-mad

As long as you didn't admit or imply who was driving (not the same thing as saying yes I am a resident).

Have you appealed the next one then? Should have done as soon as the first TNC letter arrives, that's the cue to send the NEWBIES thread first appeal template.

Daniel_san

Oh no, I just said "Yes I am a resident" and that was it

Yes I've appealed the next one. Thanks....will keep this thread updated for those who are searching out info