New Parking enforcement on private delevopment, Advice please

safarmuk

When you bought the house your solicitor should have sent you a lot of information, included in that would have been some kind of contract related to the communal area of the estate. This contract will define what rights (or lack of) you have over the communal areas - such as do you have to pay any maintenance charges to the Management Company to pay for upkeep of said communal areas and any restrictions on what you can do. This is the document you are looking for.

On your opt out I suspect this will only apply to your allocated bays that are part of your freehold. So be careful as I doubt opting out will mean you can go park on other areas which they now say are patrolled (e.g. on the road).

bargepole

safarmuk wrote: »

When you bought the house your solicitor should have sent you a lot of information, included in that would have been some kind of contract related to the communal area of the estate. This contract will define what rights (or lack of) you have over the communal areas - such as do you have to pay any maintenance charges to the Management Company to pay for upkeep of said communal areas and any restrictions on what you can do. This is the document you are looking for.

On your opt out I suspect this will only apply to your allocated bays that are part of your freehold. So be careful as I doubt opting out will mean you can go park on other areas which they now say are patrolled (e.g. on the road).

Opting out usually means that enforcement will not be carried out in that resident's designated space.

So the OP shouldn't get any tickets for not displaying a permit in his own space, but if some random person parks in his space they won't do anything about that either.

safarmuk

“
When you bought the house your solicitor should have sent you a lot of information, included in that would have been some kind of contract related to the communal area of the estate. This contract will define what rights (or lack of) you have over the communal areas - such as do you have to pay any maintenance charges to the Management Company to pay for upkeep of said communal areas and any restrictions on what you can do. This is the document you are looking for.

On your opt out I suspect this will only apply to your allocated bays that are part of your freehold. So be careful as I doubt opting out will mean you can go park on other areas which they now say are patrolled (e.g. on the road).

Originally posted by safarmuk

” Opting out usually means that enforcement will not be carried out in that resident's designated space.

So the OP shouldn't get any tickets for not displaying a permit in his own space, but if some random person parks in his space they won't do anything about that either."

The OPs worry isn't that a PCN would be given in their allocated space once opted out, rather that it would be given for parking their 2nd car on the roads within the estate. Opting out won't fix that, it will just prevent the OP getting a PCN when they are using their own allocated bay without a permit

Loadsofchildren123

Land Registry retain copies of the title deeds. Not everything, just documents relating to title and documents granting rights. Rights will also be recorded (usually) in the "register entries".

If you own the leasehold this sort of thing should be in your lease. LR will definitely have a copy of that. Otherwise your solicitor will have had this (and other docs) and these days they send this sort of thing to the client at the end of the purchase process (to avoid having to store them themselves).

Call LR. They are very helpful. You want a copy of your title (official copy register entries) and the plan if your title includes the space (rather than just a right to park there without you owning it). These 2 cost £3 each). You want a copy of any deed granting any rights, and if you are leasehold a copy of the lease. Not 100% sure how much copy documents cost but they will tell you.

I think alarming other residents into fighting against this is your best chance but with 200 houses this may be impossible.

If you think no hope of a group campaign, write the letter I advised you so you can rely on it in case of future PCNs.

Half_way

So the OP shouldn't get any tickets for not displaying a permit in his own space, but if some random person parks in his space they won't do anything about that either.

Although placing a parking charge notice in a yellow envelope made to look like a council issued penalty charge notice wont help the OP either, the space will be taken.
If there are genuine parking issues the only real solution is to physically prevent people parking there in the first place, using bollards/gates/fences etc

11052016_user

My space falls within my boundry as outlined in site plans so i'm quite sure i have no problem here although I've opted out of parking control on my bay now. Although i suspect that the odd misinformed ticketer will still issue a PCN here, but thats not my worry ATM.

My main questions is that we have a second car which now has nowhere to park unless we park on a common area roadway outside our property which until now has been ok as the road is straight and wide so is not a hazard. If we continue to park here we will now get a ticket, what i want to know is how to deal with these tickets most effectively.

A. Remove plates - tickets cannot be issued. Or issued without ID of car.

B. Keep plates on, get tickets and ignore.

C. Same as B but appeal.

D. Become a nuisance and challange the PPC and MA until they abolish the scam?

Thanks for the replys.

Umkomaas

C and D. But you need to know what you're doing, so read the NEWBIES FAQ sticky.

An idea of who the parking company is will help us give you more specific advice - particularly in relation to their litigiousness.

Loadsofchildren123

The road isn't adopted then? Check with Highways Dept if your local council.

11052016_user

Road is to be adopted in the future but not at present.

PPC is called Parking & Property Management Ltd.

Umkomaas

All about P & PM here.

https://bmpa.zendesk.com/hc/en-us/articles/203549832-Parking-and-Property-Management-Ltd

http://www.bmpa.eu/companydata/Parking_and_Property_Management.html

Have become increasingly litigious over the past couple of years, so won't just stop at issuing tickets. Residents should deal with any tickets (as per NEWBIES sticky) and defend any claims (with help from the forum). But best to try to get it all nipped in the bud with complaints NOW to the MA who employed them.

There will be no peace for residents. Why not produce some flyers and put them through residents' doors, form an action/protest group? This won't go away unless you act in unison - and with some urgency.