CPM ticket while parked at the allocated parking

Half_way

Do not even think of paying, read this courtesy of Lynzer on pepipoo http://www.thebridesmother.co.uk/Media/residential-parking.pdf and then come back here with your thoughts, if anything the management agents should be paying you.

Guys_Dad

raselmahbub wrote: »

Thanks safarmuk
I have checked the AST and yes, landlord details are there, but unfortunately the landlord is actually based in Dubai. No email or phone number.

I have also figured out the managing agent of the car park by looking at the notice board (thank you and The Deep)

Phoned them this morning and as you said, they are not going to ask CPM to cancel this as the charge is justified because I failed to display the permit. They said that I need to take this up with the letting agent. The guy on the phone also suggested me to pay the charges and then deal with the agent and get it reimbursed.

OK. This boils down to the fact that the letting agent didn't do their stuff at the beginning of the contract. The managing agent, who probably brought in the PPC, isn't going to play ball and correctly identifies where the problem lay.

If you pay the PPC, you won't get a penny back on appeal, that's 100%

I would venture in court that, without the original lease on the property and being able to show that permit parking was not included as a term, your ability to claim primacy is shot.

The judge would probably say "Sorry - you lose, but have a case against your letting agent"

You will need to look at the signage and try hard to get one of your neighbours to play ball with letting you see the relevant clauses in their leases. Also, you should ddemand to see the contract between the PPC and landowner whereby they are conferred the right to ticket and charge legitimate residents.

You need to be prepared to consider 2 court cases............ PPC -v- raselmahbub and then raselmahbub -v- letting agent I fear.

safarmuk

Agree with Umkomaaas, if you pay it will be very hard (nigh on impossible) to get that money back from anyone.

Who are the Management Agents? I am not really surprised by their response (as I warned) but it was worth asking nicely as you never know you might have had a reasonable MA. You got this response basically because the MA just doesn't want to be involved - but that may not be their choice ultimately.

How are you getting on with obtaining a copy of the lease and also speaking to your neighbours about this scheme and finding out what their views are and if any have similar problems or experiences?

To be completely up front with you - this will be a war of attrition. There is no quick fix and you will have to chip away at this slowly.

Next steps are to get the lease and I would recommend writing to your landlord and explaining the situation and asking him to speak firmly with the MA about this as it is not good for good tenants to be treated in this manner. Are you sure there is no email address anywhere in the AST, normally there is ... in your letter put an email address he can reply to and you can then converse on (but of course be prepared that he/she also ignores you also). The letting agent will almost certainly have his/her email address, did they refuse to give it to you?

[Deleted User]

@raselmahbub The Land Registy online portal is here. This will allow you to order online the Official Copies of landowners and in most cases it should be able to access the original leases to the residential property using nothing else other than your MasterCard...

If it's not available online, give them a call. The staff are often really helpful (unlike your letting agent it would seem)

hxxps://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/?_ga=1.253218505.1166102216.1443470250

Umkomaas

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/?_ga=1.253218505.1166102216.1443470250

@johnersh, I think you've probably got enough posts under your belt now to be able to post live links. No more hxxps for you!

raselmahbub

OK...after knocking on few doors.... found a owner and he agreed to send me a photograph of the relevant section from his lease agreement!!!

@safarmuk

The letting agent will almost certainly have his/her email address, did they refuse to give it to you?

Yes they refused to provide that. Can they do it? I thought it was an offence. http://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/

@Guys Dad

You need to be prepared to consider 2 court cases............ PPC -v- raselmahbub and then raselmahbub -v- letting agent I fear.

I am getting tired now... money was never the reason I started this fight... this was purely because of the principle that I did not want to pay for something I never committed. Now it seems that it was worth paying that £100 just to avoid all of the hassles still to go through. And I hope this is not going to have any negative affect in my personal profile.

raselmahbub

Hello All,
A quick update... one of the flat owner has sent me a photo from his lease agreement!

Interestingly in his agreement, the management company is completely different (most probably this is the company who built this apartment block). And there are no clauses re parking t's and c's. It just only says that the number of parking places included in his lease is one.

Do you think this will be the same to my land lords agreement as well or there is a possibility that this could be different?

I have just passed the deadline to pay £149 to the DRP guys on 18th of this month. So hoping the court letter to arrive any time soon!

safarmuk

Can you redact any identifiable information and host the picture of the lease on a hosting site and post the link here (broken - hxxp instead of http). Then we can take a look.

Also remember the lease is usually as-of the moment the first owner signed it (unless it was subsequently changed) so the companies (e.g. the freeholder and MA) might have changed but the lease terms do not.

raselmahbub

Thanks safarmuk.
As mentioned earlier, there is not much information in that picture. it just says who the MA is and "Number of parking spaces included in this lease - One". that's it.

so the companies (e.g. the freeholder and MA) might have changed but the lease terms do not.

is it a good thing or bad

Coupon-mad

Sounds like dynamite:

it just says who the MA is and "Number of parking spaces included in this lease - One". that's it.

The space is allocated within the leases without any 'parking charge' or permit contract applicable. It is likely that all leases are similarly worded if they bought the flats around the same time, IMHO.