Ukpc - Use of own space for guests - POPLA code given

bazster

The_Deep wrote: »

Does it really matter what the tenure is? The fact remains, OP's guest parked on land within his control, what this has to do with UKPC I do not know.

TD, it's no longer clear that this is the case. We have just been told "the parking spaces in question are shared access only". I don't know what that's supposed to mean but it is suggestive that the OP has no tenure whatsoever over the parking spaces.

Guys_Dad

The_Deep wrote: »

Does it really matter what the tenure is? The fact remains, OP's guest parked on land within his control, what this has to do with UKPC I do not know.

Here are a couple of refernces
http://www.lease-advice.org/publications/documents/document.asp?item=7

This reputable site has the following classic paragraph
"

What is leasehold?

Leasehold flats can be in purpose-built blocks, in converted houses or above commercial or retail premises.

Leasehold ownership of a flat is simply a long tenancy, the right to occupation and use of the flat for a long period - the 'term' of the lease. This will usually be for 99 or 125 years and the flat can be bought and sold during that term..............................

..............................What is a lease?

A lease is a contract between the leaseholder and the landlord giving conditional ownership for a fixed period of time."

The important part of the second point is the word "conditional" and it is imperative the each clause and condition of the lease is studied.

Leasehold and freehold may be for all intents and purposes considered the same in everyday life, but are very different when it comes down to the minutiae in legal cases.

Umkomaas

If any regular can point OP to the case that was won by someone in a similar position and the amount won, then that should be in your desist letter.

Here you go GD:

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Dad_to_4_little_monkeys

bazster wrote: »

You have a 90-year lease and you are the freeholder? Impossible, those two statements are 100% contradictory.

What does "the parking spaces in question are shared access only" mean? Do you own the parking spaces or not?

Sounds to me like your solicitor wasn't really listening and has confused the situation even more.

I for one cannot contribute anything further to this thread until the tenure is clear.

Hence the "massive update" - lease information was a condition on another property - an error!

We are 100% FREEHOLDERS, no lease terms.

Guys_Dad

Dad_to_4_little_monkeys wrote: »

Hence the "massive update" - lease information was a condition on another property - an error!

We are 100% FREEHOLDERS, no lease terms.

OK. Get a copy of the correct documents and single point appeal plus desist letter to PPC and strong complaint to management company who employed them.

nigelbb

Dad_to_4_little_monkeys wrote: »

Hence the "massive update" - lease information was a condition on another property - an error!

We are 100% FREEHOLDERS, no lease terms.

You are freeholders of the property that you live but are you freeholders of the land where the car was parked? It sounds like there is some sort of shared parking not an allocated patch of land that is for your exclusive use in which case you are not the freeholder of the parking space.

Dad_to_4_little_monkeys

The car parking spaces are completely included in the land ownership, but the areas that allow the car to move into those spaces are shared (as it passes under a flat as a single and height restricted lane).

The reason for adding that they were shared, was in case the Managing Co. tried to assert that they can impose restrictions as per TP1, but this land is not highlighted as "Managers Land", whereby the road access is.

Although the parking spaces/"bays" are numbered, I am the freeholder of those spaces too.

bazster

Guys_Dad wrote: »

OK. Get a copy of the correct documents and single point appeal plus desist letter to PPC and strong complaint to management company who employed them.

^^^^^^^ This ^^^^^^^

I don't trust solicitors, they are as lazy and incompetent as anyone else in my experience.

For something as implausible as a freehold flat (and associated parking spaces) in England/Wales I would want to see the actual title for myself. You can get a copy from the Land Registry for something like £3.

nigelbb

Dad_to_4_little_monkeys wrote: »

The car parking spaces are completely included in the land ownership, but the areas that allow the car to move into those spaces are shared (as it passes under a flat as a single and height restricted lane).

The reason for adding that they were shared, was in case the Managing Co. tried to assert that they can impose restrictions as per TP1, but this land is not highlighted as "Managers Land", whereby the road access is.

Although the parking spaces/"bays" are numbered, I am the freeholder of those spaces too.

In which case you have both the PPC & the Management Company by the short & curlies.

Dad_to_4_little_monkeys

bazster wrote: »

^^^^^^^ This ^^^^^^^

I don't trust solicitors, they are as lazy and incompetent as anyone else in my experience.

For something as implausible as a freehold flat (and associated parking spaces) in England/Wales I would want to see the actual title for myself. You can get a copy from the Land Registry for something like £3.

I now have all official copies from the Land Registry.