Unique situation - Gladstone Final Threat in the Post

TitledTItan

Guys_Dad wrote: »

LEASE LEASE LEASE

What does it say in your LEASE re parking and tickets? The LEASE has primacy and we have sufficient "precedents" on here where this has been upheld by courts.

However, as Gladstones will be paid win or lose, don't expect them to back down yet,

Come back with the answer to the above.

So as far as I'm aware the original lease signed by my landlord actually says nothing about the parking allocations, Until I received the fine the landlord was under the impression that the allocated space belonged to him and him alone, so he is willing to stand in court with his lease and help me fight this, sad thing really is that I wont be here to watch Gladstone fail! and I'd hate for them to officially be allowed to claim money from me through the courts becuase I'm not able to make the hearing.

Coupon-mad

Originally Posted by TitledTItan
I could seriously kiss you right now! but my wife has a thing about me kissing strangers so I wont!

My husband might have something to say as well!

TitledTItan wrote: »

So as far as I'm aware the original lease signed by my landlord actually says nothing about the parking allocations, Until I received the fine the landlord was under the impression that the allocated space belonged to him and him alone, so he is willing to stand in court with his lease and help me fight this, sad thing really is that I wont be here to watch Gladstone fail! and I'd hate for them to officially be allowed to claim money from me through the courts becuase I'm not able to make the hearing.

The landlord needs to step in and protect the next victim living there...

If he owns the space then he is the 'landholder' and he needs to act to stop the predatory PPC from trespassing in his space. No-one needs a permit if landlord owns it, and he needs to contact the MA and opt out so cars in his space remain untouched by the scumbags.

KeithP

It might be a good idea to edit your original post to remove the precise time of the PCN issue, as this helps identify you to the PCC.

TitledTItan

KeithP wrote: »

It might be a good idea to edit your original post to remove the precise time of the PCN issue, as this helps identify you to the PCC.

Thanks, that's very helpful, I've edited the post.

TitledTItan

Coupon-mad wrote: »

The landlord needs to step in and protect the next victim living there...

If he owns the space then he is the 'landholder' and he needs to act to stop the predatory PPC from trespassing in his space. No-one needs a permit if landlord owns it, and he needs to contact the MA and opt out so cars in his space remain untouched by the scumbags.

Landlord is being very helpful, I've kept him updated on the case, he has a meeting with the estates agencies to discuss how they are able to change the rules to a parking space he owns, its been holiday season so been hard to get in touch with the people you need to sort this out. but seems like its coming to an end and pretty soon there's gonna be some sh*t going down, I've spoken to neighbors too who do not want this parking company and have asked them to contact their landlords so we can get a number of landlords together and have a much bigger impact.

Umkomaas

I've spoken to neighbors too who do not want this parking company and have asked them to contact their landlords so we can get a number of landlords together and have a much bigger impact.

Great community response. Do let us know how it pans out. There are so many residential areas being plundered by PPCs and any initiative which results in a positive outcome will be an excellent reference point to show others what can be achieved in similar circumstances.

safarmuk

Landlord is being very helpful, I've kept him updated on the case, he has a meeting with the estates agencies to discuss how they are able to change the rules to a parking space he owns, its been holiday season so been hard to get in touch with the people you need to sort this out. but seems like its coming to an end and pretty soon there's gonna be some sh*t going down, I've spoken to neighbors too who do not want this parking company and have asked them to contact their landlords so we can get a number of landlords together and have a much bigger impact.

The key here is to get the lease as has been said before and determine what the status of the allocated bays are ... for example are they "demised land", are they marked clearly in the plans along with the dwelling they are linked to (which will be demised), what "demised rights" are granted (e.g. "exclusive use of") and what, if any, covenants there are for the MA to change things (although whatever there is it is virtually impossible that they can use them to remove "demised land" or change "demised rights").

Once you have the above answers you are doing the right thing in getting tenants and landlords together and confronting the MA. As a group you will have much more chance of being successful than as a bunch of individuals. I know you are leaving but I would encourage your neighbours to set up a Facebook group (e.g. "Residents of XYZ") to allow better communication amongst residents on the estate so you can all get to hear of others issues (you all probably had many in common you didn't know about).

TitledTItan

safarmuk wrote: »

The key here is to get the lease as has been said before and determine what the status of the allocated bays are ... for example are they "demised land", are they marked clearly in the plans along with the dwelling they are linked to (which will be demised), what "demised rights" are granted (e.g. "exclusive use of") and what, if any, covenants there are for the MA to change things (although whatever there is it is virtually impossible that they can use them to remove "demised land" or change "demised rights").

Once you have the above answers you are doing the right thing in getting tenants and landlords together and confronting the MA. As a group you will have much more chance of being successful than as a bunch of individuals. I know you are leaving but I would encourage your neighbours to set up a Facebook group (e.g. "Residents of XYZ") to allow better communication amongst residents on the estate so you can all get to hear of others issues (you all probably had many in common you didn't know about).

Another excellent idea, I'll set up a facebook group this weekend and print a number of letters I can post to all my neighbors describing the new facebook group and subjects discussed, I'm 100% sure we'll get most of the community to join as like you said there have been a number of issues with the MA, so perhaps it may be time for a new MA.

TitledTItan

Hey guys, as promised I'm just providing an update on the issue, I sent the email out to Gladstones last Friday as well as a tracked written letter with the same wording, So far they haven't even bothered to respond to my email which I've expected them to.

I've asked the landlord to keep an eye on the post that comes in for the coming couple months, I have this feeling that its not over yet and that these guys are gonna try something stupid, again from what I've read they have this reputation of not caring whether they lose or look bad in the court room.

Anyway, clearing up the last bits before I move go to Spain with the family, started a facebook group and people have been trickling in, managed to start a conversation about the parking issue, planning to hand over the group to one of the residents that I was close to once its up and running at full force, I'm even thinking of adding a whatsapp group there to discuss things more time critical.

I don't think this Parking Company will survive the year IMHO, there's alot of people not happy with them who have already paid their fines without knowing that they could have fought it in court, a few that just didn't to deal with the problems, that's really what keeps these parking companies afloat.

Will update once again next week, or sooner if I have any real info to share.

safarmuk

started a facebook group and people have been trickling in, managed to start a conversation about the parking issue, planning to hand over the group to one of the residents that I was close to once its up and running at full force,

Well done indeed, this is not an easy thing to accomplish on these kind of estates as many are buy to let flats and the landlords don't care or are just plain apathetic (as are some owner occupiers). However you seem to have cracked it - good job. Although not essential, if you get to more than 50% of leaseholders aligned and agreed you really are in the box seat and the MA will find it hard not to do what you ask. I would say even a group of 10-20% would hold quite a clout.

I don't think this Parking Company will survive the year IMHO, there's alot of people not happy with them who have already paid their fines without knowing that they could have fought it in court, a few that just didn't to deal with the problems, that's really what keeps these parking companies afloat.

It's never too late. The people who paid their parking charges should check their leases. If they find they were misled by the MA about the validity of these charges (and a case in the SCC would help prove that but not essential, a good review of the lease will suffice) then they can and should press the MA heavily with the threat of group (see above) legal action, to either get refunds from the PPC or the MA themselves via deductions to their service charges. You should be digging out any and all communications (e.g. letters, notices, emails from either the MA or PPC) as evidence of this (as well as your leases of course)

Although rare, refunds from PPCs and/or MAs are possible. You will have much more chance of achieving this as a group of coordinated residents (leaseholders and tenants). Please do keep us informed of how this goes as it is good information for the next person who comes on here with similar issues.