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

bazster

Don't forget those other letters.

The_Deep

I very much suspect that UKPC will not bother to contest this.

fisherjim

I would have thought that in light of Davey V UKPC they will make a nasty smell and blame it on one of their famous 'admin errors'!

Dad_to_4_little_monkeys

POPLA date of hearing given as 25th Aug - will update.

Management Co. are adamant that a covenant in the transfer allows them to do this (engage such services), although interestingly they don't actually have a copy of it (as I do).

They seem to be referring to "Further covenants by the Transferee with the Transferor and the Manager".

I can only see one phrase that could have relevance "...rules and regulations reasonably made from time to time by the Manager for the management of the Managers Land ..."

On the plan within the transfer, the property and the spaces aren't cross-hatched to signify Managers Land. Am I right to assume that therefore these areas are NOT part of managers land?

bazster

How could they be part of the manager's land when they are your land?

Sounds like a nonsense covenant anyway (like most of them). Restrictive covenants are just that: restrictive. They prevent you doing something. A covenant that obliges you to do something (e.g obey some rules) is not enforceable as a covenant. At best it is merely enforceable as a contractual agreement between you and whoever you bought the property from, and if you broke it that party would have to sue you (if they could be rsed, most development companies forget about their properties as soon as they've sold them all and are not remotely interested in enforcing all the daft covenants their lawyers had written into the transfer).

The management company certainly can't enforce it, they are not a party to the transfer despite the daft wording suggesting that they are.

Dad_to_4_little_monkeys

UPDATE FOR ALL - POPLA DECISION:

Hi - just received an email for my appeal which has been ALLOWED.

Here is the reply - STARTS

The Operator issued parking charge notice number (131025)108xxxx/999xxxx arising out of a presence on private land, of a vehicle with registration mark xxxxxxx.

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.
8661xxxxxx 2 08 September 2015

Reasons for the Assessor’s Determination
It is the Appellant’s case that the parking charge notice was issued incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.

ENDS

Many thanks for your support in this matter, another success against UKPC.

Redx

excellent news

stick it in the POPLA DECISIONS sticky thread as well, for posterity, plus for proof the fightback does work

if you get any more, use the same or similar wordings to defend it so keep the info handy

you need to report them to the BPA and DVLA and maybe take out a counter claim, injunction or whatever is required to stop them in future too

Marktheshark

Dad_to_4_little_monkeys wrote: »

I can only see one phrase that could have relevance "...rules and regulations reasonably made from time to time by the Manager for the management of the Managers Land ..."

Allowing a company to set up a profit driven business on your leasehold that then targets the people you give permission to park with a fake mocked up parking ticket is not by any stretch of imagination a reasonable rule or regulation, it is a clear violation of your lease.

Now you have POPLA, you should invoice the management, tell them they will have to take it up with their agents they employed.
They let them set up a business using your parking space .
The rate is £18 per hour or part of.

bazster

Now tell all your neighbours.

Also, copy to the management company with a stiff covering letter:

As you can see, your agent has wisely chosen not to contest this matter.

You and your agents are hereby required to cease and desist trespassing on my property (parking spaces per the attached leasehold) and any implied right of access you or your agents may believe exists is hereby withdrawn.

Any repetition of such trespass may result in an action for trespass against you and your agents, and the obtaining of an injunction to prevent further trespass.

Half_way

Tell the management co that you are opting out of the permit scheme handing back the permit and will/may be charging the management company for your wasted time for any future tickets.
hand back permit, and just keep on submitting the popla's
should keep popla busy for a while