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

Guys_Dad

The caveat here is that all the recent advice is based on your 100% assurance that you own the freehold to the dwelling and no covenants or restrictions are in force on the estate.

Dad_to_4_little_monkeys

Hopefully posted correctly in the POPLA decisions sticky - but seemed a little cluttered??

Having a real battle with the management co now - who, after a long telephone call to this afternoon, have made me even more determined to bring them to account.

I wrote to say that I will be holding them jointly accountable with UKPC for further action which prompted the call.

They want me to send them my land reg docs to prove that my spaces are exempt (after previously closing the door to me in the matter). They still said that the ticket was issued correctly (non qualified), until I said that the appeal was successful.

They then distanced themselves to say that they did not engage UKPC, but the residents assoc company (which as resident I am a member). She wouldn't give me the directors names or addresses to write to (although conceded to give names verbally, but wouldn't email). Any letter to them (directors) must be sent through them (agent).

I have since done a search and have the names and addresses (most of whom either are connected to the management company or do not live on the estate).

Are they acting as shadow directors and therefore accountable? Or am I simply wasting my energy, and should rejoice in the fact that my appeal was successful?

Half_way

Guys_Dad wrote: »

The caveat here is that all the recent advice is based on your 100% assurance that you own the freehold to the dwelling and no covenants or restrictions are in force on the estate.

Again as above before you start check everything twice and once more.
In the meantime you could just keep on collecting those POPLA codes, and from there on just challenge each ticket at POPLA.
As soon as you have a new popla code and a win under the new ombudsman service run popla, make sure that everyone else in the area knows about this.

If you really want to do some good out of this then have a little competition amongst your neighbors to see who can get the most popla appeals/challenges in in a week/month/year.
As well as a few other things this aproach will:
Help with neighborhood relations, and bring the community together
Keep the PPC foot soldier busy ( and maybe get him/her a bonus)
give the new ombudsman service run popla something to do

Dad_to_4_little_monkeys

Defo 100% freehold, definitely red-lined drawings for land of dwelling and car parking space on TP documents with Land Registry.

They have no transfer docs - which clearly should have been used to create the contract! Something stinks ....

It's whether or not I should waste energy to uncover the world's most boring conspiracy theory ..... what are the gains? Does it put this all to bed, or will there be consequences? etc, etc

Appreciate now beyond THIS PCN, but want to stand against all??

Guys_Dad

If it is freehold and free from any covenants, why is there a residents association employing a management company? Do they manage a different area altogether and straying on to your land in error?

I don't understand why you have any relationship with a management company and just what part of your property they manage.

bazster

I don't see what is so difficult to understand. The OP owns his parking spaces, but in addition there must be an access road or route by which people can drive to their parking spaces, as well as, quite possibly, other communal areas, all under the control of the management company. I'm looking out of my office window right now at the neighbouring housing estate which has precisely this arrangement: the houses (and associated parking) are owned by their occupants, but the road (which is private) is communal and the residents have their own management company which they took over from the developer.

We seem to have established pretty clearly that it is the management company, not the OP, that fails to understand what land is theirs to manage and what land is the OP's private property.

The_Deep

Having a real battle with the management co now - who, after a long telephone call ...


Why are you telephoning them? Telephone conversations can be denied, misunderstood, get everything down on paper.


Courts/ ombudsmen love paper trails.

bazster

The_Deep wrote: »

Having a real battle with the management co now - who, after a long telephone call ...


Why are you telephoning them? Telephone conversations can be denied, misunderstood, get everything down on paper.


Courts/ ombudsmen love paper trails.

This thrice over. You simply cannot get anything done by 'phone if there is a dispute, you must get it down on paper.

How hard can it be? People here have even written the letters for him!

ManxRed

Why not report the PPC to the DVLA for obtaining RK details on land they do not have a contract to operate on? Do it as a formal complaint.

Include a copy of the deeds, and your statement that you have not contracted them to operate there.

Dad_to_4_little_monkeys

The_Deep wrote: »

Having a real battle with the management co now - who, after a long telephone call ...


Why are you telephoning them? Telephone conversations can be denied, misunderstood, get everything down on paper.


Courts/ ombudsmen love paper trails.

Agreed - so I backed up the conversation with an email noting all of the points concerned.

It is my belief that they are in fact acting as the Residents Assoc, and making decisions on their own or using their influence with the directors, but hiding behind an agent to avoid responsibility.

There has been no AGM since 2012, before their introduction.

What decent Property Management Co wouldn't support its residents over a PPC other than for financial gain?

There is simply something wrong with this whole set up, just not sure if there's anything to gain by pursuing it - other than to be "right"?