Appealing to IAS regarding ticket in my own space

Starlemusique

Hi,

Thank you for all your responses. I'll be able to look properly when I've finished work.
I can confirm that I did not pay for my parking permit.
I have not spoken to my MA because they specify that they won't do anything about it - haven't tested that theory yet...
I don't pay rent for the space. The space was sold as part of the property - however, the title register does not specify this.

DoaM

Have you bought freehold or leasehold? (I'm assuming leasehold).

Is it a numbered space in a communal car park, a parking space on your own land, something else?

Is there anything in your lease that says you are required to display a parking permit? Do you have a permit and did you sign to receive it?

Is there anything in your lease that talks about managing agents being able to take actions to assist with the safe operation and care of the site (or similar such words ... in other words a cover-all clause)?

Redx

SOMEBODY owns that "space" and as such has a title deed for it and it alone, or a title deed with the space included , because it has to be registered with the Land Registry

safarmuk

I have not spoken to my MA because they specify that they won't do anything about it - haven't tested that theory yet...

I am not so sure they can get out of their responsibilities that easily. Try them, if they don't want anything to do with it, go to the Freeholder and demand that as per your lease (assuming it holds up like we expect it to) with them that you are protected from this kind of behavior from the PPC and MA in your allocated space.

Is there anything in your lease that talks about managing agents being able to take actions to assist with the safe operation and care of the site (or similar such words ... in other words a cover-all clause)?

I doubt this will fly, the clause is generally about estate regulations that benefit the residents. Putting a resident at risk of incurring a financial penalty is not beneficial and this clause does not give the MA the right to fundamentally alter the lease anyway (unless the leaseholder agrees).

The OP needs to come back with the lease information later for us to help.

Starlemusique

Hi again,

I have my lease in front of me and I have found this:

"The right to park a roadworthy, taxed and insured car in the Parking Bay allocated by the Landlord or the Management Company from time to time."

It is essentially a rented space I believe so unfortunately I cannot claim trespass. However, my lease makes no mention of a need for a permit.

Guys_Dad

Starlemusique wrote: »

Hi again,

I have my lease in front of me and I have found this:

"The right to park a roadworthy, taxed and insured car in the Parking Bay allocated by the Landlord or the Management Company from time to time."

It is essentially a rented space I believe so unfortunately I cannot claim trespass. However, my lease makes no mention of a need for a permit.

Is that it? Are there any other clauses that could be detrimental to your case? Please don'y cherry pick on here - we want to help. Is there anything else about right to enjoyment or even rights that MAs have to introduce suchmeasures as they see fit?

Starlemusique

Hi, I'm not trying to be difficult, or to cherry pick. For the most of it, due to the language, I don't really understand what I'm looking at.

Schedule 1 includes the following rights:
The right to use the common parts for all purposes in connection with the use of the property as a private residence only.
--that's written twice...

The management obligations include:
To employ such persons as the MC may in its absolute discretion consider desirable or necessary to enable it to perform or maintain the said services or any of them or for the proper management or security of the residential buildings and estate

Landlord's obligations:
That the tenant paying the rent and observing and performing the covenants on the part of the tenant herein contained shall peaceably hold and enjoy the property throughout the term without any interruption by the landlord or any personal lawfully claiming under or in trust for it.

There's stuff about covenants - management company obligations include:
If so required by the tenant and upon the tenant indemnifying the management company against all costs and expense in respect thereof and providing such security as the management company may reasonably require to take all reasonable steps to enforce (where appropriate) the observance and performance by the owners of the other properties on the estate of the covenants and conditions on their part contained in the leases and transfers thereof

Danix88x

Sorry to jump on this thread but I'm lost! Can you please tell me how I create a new post? I've tried and searched and looked at a YouTube video but still no joy!.. Thanks!

Starlemusique

Additionally in the Landlord Obligations:

Inspecting, maintaining, renting, renewing, replacing and insuring any electronic security door or barrier entry and monitoring system(s) and such other equipment relating to the Parking Bays by way of contract o otherwise as the MC may from time to time consider necessary or desirable for the carrying out of the acts and things mentioned in this schedule.

Providing and paying such persons as may be necessary, in connection with the upkeep of the maintained property.

Regulations include:

Not to leave or park (other than temporarily for the purposes or deliveries to and from the property) on any part of the estate any motor vehicles and to observe all regulations made by the landlord from time to time relating to the parking of the vehicles (and the tenant acknowledges the right of the landlord or its agents to apply wheel clamps to vehicles parked in contravention of such regulations and to charge a fee for removal)

Starlemusique

In regards to the introduction of the permits.

The letter I received didn't address me by name even - it just says 'Dear resident'. I have never paid for it nor signed for it.

Interestingly, I know of at least one fellow occupier who doesn't display a permit as he's told them not to enter his space. So the signage is incorrect in that it states that all vehicles must display a permit. He was the one who told me that he'd told them that it was his property etc. It seems this is not correct but he doesn't seem to get tickets...