CPM Penalty Ticket Assistance Required

Loadsofchildren123

OMG I spent about 2 hours working on this for you and clicked on "Go Advanced" as it was quite a long post and it's all disappeared.
I've got other things to do now. I'll work on it tomorrow now.


One thing though. I'm confused. Are we writing to the landowner here, or the management committee?


I hadn't appreciated there are 2 documents:
1. Leasehold of the flat/house which you bought. Freeholder granting the rights to you.
2. Lease of the parking space.


So under 2. you pay an annual sum to "rent" the parking, and under 1. you pay another sum as ground rent (and probably also an annual maintenance contribution, don't know what this is called, I've never had a leasehold!).


One part of your LBC indicates you entered into both at the same time, but towards the end of the LBC it indicates you entered into agreement number 2 a couple of months later, when the need for permits became apparent. Can you clarify?


Who was agreement number 2 between? You and freeholder or you and management committee/agent?


Is there a MA/MC here? Or is everything between you and the freeholder (Countryside)?




If there was a separate lease of the parking space, then we don't need to worry about the freeholder's ability under the main lease/leasehold title to impose changes for the benefit of the management of the estate. That clause can't apply to the parking, because in your case the parking rights are dealt with entirely separately, by way of the parking lease. The agreement that applies to the parking is what I am calling the Parking Lease - document 2.


Also, what signs were up when you moved in, in Sept 2016? You imply none but later on in the draft there is some indication that there were signs. Or were they put up later?


Not criticising you btw, you're putting in a lot of effort, I'm just trying to clarify before i go back and work on this again.

Loadsofchildren123

I also think an LBC to UKPCM in respect of the counterclaim. I'll do that when I work on this LBC.

hairray

Hey LoadsOfChildren,

Oh no, what a nightmare! Sorry to hear you lost the work!

We are dealing with a representative of the land owner, specifically head of customer services.

Under 1 I pay a yearly ground rent and yes a service charge, but I believe the service charge is separate.

Under 2, it gives my space with a diagram, with the grant to park it.

As listed one of my previous posts, both 1 and 2 contain relevant information for the parking space.

Both parts of my lease were given to me at completion, the need to display a permit was brought to my attention on the 7th November when I received the penalty charge. I received no communication (that I'm aware of) from UKCPM or Countryside.

Side note on that. Landowner has mentioned a lot of things that were supposed to happen, that don't. This includes their employed operatives failing to attend my property and their contractors. Her collegue L who was previously managing the issue didn't respond to Coupons letter, I had to prompt him and he also said he would hand over to the legal department, he didn't, which resulted in me contacting the CEO, who in turn put the person who is now fobbing me off in charge. She always has an answer!

Both parts of the lease are titled 'Flat and Parking Lease', both held with the land owner. the 1st one has my name, the 2nd has 'new purchaser'.

It mentions a managing agent; MAINTENANCE COVENANTS BY THE MANAGEMENT COMPANY

In consideration Of the grant Of the Rentcharges the Management Company hereby covenants with the Tenant that the Management Company will during the Term carry out the Estate Services appropriate to the Property as hereinbefore mentioned provided always that:-the Tenant shall have complied with clauses 6.2 - 6.4 (inclusive) of this Lease the Tenant shall not be in breach Of any of his covenants herein contained

in the case of any item of disrepair the Management Company shall not be liable for breach of this covenant until the Tenant has given written notice thereof to the Management Company and the Management Company has had a reasonable opportunity to remedy the same

if at any time the Management Company shall reasonably consider that it would be in the general interest of the owners of the properties on the Estate so to do the Management Company shall have power to discontinue any of the Estate Services which in its opinion shall have become impracticable obsolete unnecessary or excessively costly provided that in deciding whether or not to discontinue any such matter the Management Company shall consider the views and wishes of the majority of the owners of the properties on the Estate

Being honest, I have no idea when the parking signs were put in place. There is only one in our parking lot and I can only see it when I am entering the communal block, not coming out.

For all I know, I could have left for work on the 7th November, the sign was put up and I received the PCN all in the same day. I have no idea when it was implemented. They have other signs around the development to which CPM argued are in place for my attention, however, it's a huge site, if I were to take a guess it homes well over 2000 people and counting, I have no need to walk around the site and look at signs away from my property.

I moved in on the 13th September, there were definitely no signs up then, past that I have no clue.

Believe me I don't think you are being critical, quite the opposite. Sounds silly but I find it quite stressful and I really appreciate the help of yourself and others. I just can't settle on paying something I have already paid for!

Loadsofchildren123

hairray wrote: »

"Not to apply to the local authority for a residents parking permit in respect of a Controlled Parking Zone that is not within the Estate PROVIDED THAT this clause shall not apply to any owner or occupier of a dwelling who is a Blue Badge holder or who is eligible and has applied
for the same but to whom a Blue Badge has not yet been issued"

And

"Use of Parking Accommodation (if any)
Not to use the Parking Accommodation except for parking a roadworthy private motor car or motorcycle
Not to carry out or permit to be carried out any repairs to any motor vehicle for the time being parked on the Parking Accommodation or on a Visitors Parking Space (if any) other than minor repairs which can be carried out without causing any noise or nuisance
Not to store on or in the Parking Accommodation or on any Visitor's Parking Space or in any vehicle for the time being thereon any petrol oil or other inflammable material except for petrol and oil in the tanks of such vehicle"

And

In the definitions:
the parking space edged blue and numbered 300 on the Plan and described in part I of the First Schedule

In the first schedule it says: The Parking Space shall include for the purpose of grant only the final wearing surface thereof and any parking post or similar fixture now or at any time hereafter fixed thereon but shall not include the land below the same

The lease then shows my designated space.

Just so I'm clear before I start work.


This wording is from your lease which gives you leasehold title to the flat, right?
What is the definition of the "demised property" or "the property" - is there any indication that it includes space 300, or is this mention of parking out of the blue? (I'm not a property lawyer but it sounds like a defective lease to me which they effectively corrected with the second Parking Lease - it would be different if the main lease gave you general parking rights and then you got the specific right to the space in the second Parking lease, but this just doesn't make sense)


A couple of other questions coming up, I'm just going through your posts about the lease(s)

Loadsofchildren123

As to the action taken by the agent, clause 2.9 of your lease provides that the Landlord and the Management Company shall have the right to impose and amend reasonable regulations regarding the use and enjoyment of properties in the Block or on the Estate and/or the Amenity Areas from time to time. In order to regulate parking at this development by third parties (in view of its proximity to the railway station), it was thought to be in the interests of all residents that we issue parking permits to residents and instruct agents to patrol parking areas.

Is that a quote from your main lease, or the parking lease? That's a quote from your post 64 - you copied and pasted the landowner's letter to you

hairray

That was an extract from lease 1 that the representative of the landowner/builder used in their response to me in an email. She added:

In order to regulate parking at this development by third parties (in view of its proximity to the railway station), it was thought to be in the interests of all residents that we issue parking permits to residents and instruct agents to patrol parking areas.

The 2nd lease only contains the following:

THIS DEED OF COVENANT is made the

day of

20

BETWEEN

of

(hereinafter called "the Transferees") of the first part

and Harold Wood Management Limited whose registered office is at

aforesaid

(hereinafter called "the Management Company") of the second part

WHEREAS:-

(1)

(2)

(3)

By a lease (hereinafter called "the Lease") dated [

and made between (I)


Management Company and

) (hereinafter called "the

Original Tenant") the property now known as (hereinafter called "the Demised Premises") was demised by the Landlord tö the Original Tenant upon the terms and conditions there in contained

The Lease contained requirements to the effect that upon an assignment thereof the assignee should enter into a direct covenant with the Management Company to observe and perform the covenants and conditions contained therein to the effect that the assignee and his successors in title would from the date of an assignment or transfer duly observe and perform all covenants restrictions and stipulations on the part of the Original Tenant therein

contained

By a transfer of even date herewith and made between the Original Tenant of the one part and the Transferees of the other part the Demised Premises is being transferred to the Transferees for the residue of the term created by the Lease

NOW THIS DEED WITNESSETH (in pursuance of the provisions Of the Lease) that Transferees hereby covenant with the Management Company that they and their successors in title will at all times from the date hereof duly observe and perform the covenants restrictions and stipulations on the part of the Original Tenant contained in the Lease (whether running with the Lease or of a purely personal

orcollateral nature) to the same extent as if they the Transferees were the Original Tenant

IN WITNESS whereof the Transferees have hereunto executed this document as a deed the day and

If it's easier, I can send you a copy of the lease if you'd like?

hairray

I struggled to find anything in the first lease that specified my space exactly.

I believe the first lease is for the flat.

Once again, I would be more than happy to email you a copy of the lease, or share it via a preferred method?

Loadsofchildren123

Last question:

Your post #84:

" the Management Company hereby covenants with the Tenant that the Management Company will during the Term carry out the Estate Services appropriate to the Property as hereinbefore mentioned"

Is this is from the first or the second lease (the parking one)?

Re-reading your posts, including the last two, I think the actual purpose of the second lease was for you to enter into a covenant with the management company (as opposed to just the landowner) that you and your successors would be bound by the covenants/conditions in the original lease: it says
“The Lease contained requirements to the effect that upon an assignment thereof the assignee should enter into a direct covenant with the Management Company to observe and perform the covenants and conditions contained therein to the effect that the assignee and his successors in title would from the date of an assignment or transfer duly observe and perform all covenants restrictions and stipulations on the part of the Original Tenant therein”

And then that's what it goes on to do.


Although you said that this document gives you the specific parking rights, there's no mention of that in what you've posted (or have you only posted extracts?).


I had the impression before that this second lease dealt mainly/wholly with parking. Can you copy and paste over the section of the second lease dealing with parking if there is one?

Your main lease definitely mentioned parking space number 300 - if you go back over your previous posts you will find this. We need to look at the definition of “the Property” or "the Demised Premises" in the main lease, is this what is in Schedule 1? Can you copy and paste the definition of “the Property” and/or "the Demised Premises" and if the definition isn’t what’s in sched 1 can you find what Schedule 1 relates to and copy and paste that?

As you say, it might be easier for you to scan your entire lease, and the second document, and put this into a dropbox account or something similar and post a link. Or you can email it to me if you don't want to have to redact parts of it to preserve confidentiality.

You've outed yourself in your last post - most people prefer not to in case the PPC reads the thread. In your case I don't think you have anything to hide at all, there's nothing in any of your posts which does you any harm at all. However, I thought I'd better point it out in case you want to go back and delete the exact address and the name of the landowner.

There’s no point getting this wrong in a LBC as you will just look like you don’t know what you are doing.

Loadsofchildren123

Sorry I can't get rid of that empty quote at the top, I've tried. There isn't meant to be anything else there.

hairray

Yes you're right, I didn't mean to revel myself haha!