Ticket from CPM for a car park where I am a leaseholder!

blankwall

Hello. I really appreciate that this forum exists and I hope someone can give me some advice on how to proceed in this situation.

I recently received a CPM Parking ticket for the car park of the flat where I am a leaseholder. I was away at the time and the building management company had told me (in writing) that they would inform me (and all lease holders) when a new parking management company took over the car park.

Needless to say they didn't. They are also saying that the parking company did a mail drop explaining the new system. Apparently they did but I didn't see it, I have seen another copy and it was addressed to the occupier not the leaseholder.

I called the parking company and they said they had a video of someone putting something through the door which they would email to me. This still hasn't happened but I imagine it just proves they put something through the door?

My building management company say they will not get involved in any disputes with the parking company - I imagine this is part of the contract they have with them as in the copy of the circular that was put around the block and it says that the landowners will not get involved in any tickets. If that even legal? My lease also says nothing about parking permits. As far as I can see there must be some kind of deal where the parking company get anything they can take and the management company will now not get involved.

Please can I have some advice about what to do next? Has anyone been in a similar situation please?

Half_way

Plenty of similar cases, search "own space" as fur the management company they wail be jointly liable, as are lying if they say nothing to do with us.
Will post more later.
Also try a search for tortuous interference with lease for the management agency.

safarmuk

My building management company say they will not get involved in any disputes with the parking company

Unfortunately for them it is not that simple for them to wash their hands of this as Half_way implies. More on that later, but first things first.

My lease also says nothing about parking permits.

Good. Now you need to check it for other clauses. Specifically:
* Do you have an allocated parking bay?
* Is that allocated parking bay mentioned as a particular in your lease?
* Does your lease then state you have right of exclusive use to that allocated parking bay?
* What does the lease say about visitors bays?
* Is there any mention of Estate Regulations or the ability for the MA to make changes from time to time for the benefit of all residents?

Lastly - what do the other leaseholders think about this, were you all consulted before this was implemented?

Once you get back on the questions above I can try and help more.

And yes, this situation is very common and people on this forum have experienced it and tackled it.

DoaM

Half_way wrote: »

Also try a search for tortuous tortious interference with lease for the management agency.

Fixed. If you search for the other term you might get unusual results.

blankwall

I'm away at the moment but as soon as I get back I will have a look at the lease.

Bays have certainly never been allocated and the lease is over 10 years old so predates any parking management companies.

The sound of tortious interference sounds good. There was a dialogue with between the leaseholders and the management company when a previous parking company was brought in a few years ago, but nothing at all this time when the new cowboys appeared.

The_Deep

Some reading

http://www.parkingcowboys.co.uk/own-parking-space/

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

http://parking-prankster.blogspot.co.uk/2016/11/test-cases-scheduled-for-overstone.html

http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

and much much more

safarmuk

I'm away at the moment but as soon as I get back I will have a look at the lease.

Yes, the lease contents are paramount. You need to check this thoroughly.

Bays have certainly never been allocated and the lease is over 10 years old so predates any parking management companies.

No allocated bays in a Residential Car Park is unusual - is it a free for all on parking for residents then? This means its not as cut and dried as the usual "own parking space" issue we normally see here - but again lets see what the lease says.

There was a dialogue with between the leaseholders and the management company when a previous parking company was brought in a few years ago, but nothing at all this time when the new cowboys appeared.

What happened to the last PPC that were brought in and who were they? How much of a gap was there between the old lot and the new lot? Were there complaints about the old lot?

Finally, for now, do you know who the freeholder is (the people you pay ground rent to and who would have appointed the MA)?

We will come up with a strategy once we know better where you stand ...

Half_way

Lynzer on Pepipoo has put together some very good guides re residential parking
1: http://www.thebridesmother.co.uk/Media/residential-parking.pdf

and a few template letters to give you an idea
http://www.thebridesmother.co.uk/Media/Templates.pdf

but as above your lease agreement is key

The_Deep

Apparently they did but I didn't see it, I have seen another copy and it was addressed to the occupier not the leaseholder.

Anything which I receive addressed suchly goes in the bin unopened.

blankwall

I agree with the occupier stuff going straight in the bin!

Finally had a good look at the lease and the only mention of anything that could refer to the car park is:
"The common parts: Means all (...) access yards, roads footpaths storage areas and other areas and things (if any) included in the Estate provided by the Lessor fr the common use of Residents and their visitors and not subject to any lease or tenancy of any of the flats on the Estate."

Not particularly helpful?

Fruitcake

blankwall wrote: »

I agree with the occupier stuff going straight in the bin!

Finally had a good look at the lease and the only mention of anything that could refer to the car park is:
"The common parts: Means all (...) access yards, roads footpaths storage areas and other areas and things (if any) included in the Estate provided by the Lessor fr the common use of Residents and their visitors and not subject to any lease or tenancy of any of the flats on the Estate."

Not particularly helpful?[/QUOTE]

On the contrary. There is nothing about parking, or a requirement to show a permit, or that a third party (parking scammers) can add on their own Ts and Cs to an existing contract (lease/AST.)