Claim Form - UK Car Park Management

beamerguy

Magnum0121 wrote: »

I can't get a street view actually down the road as it is private. But on the entrance to the road there is a sign up saying "private road. Residents parking only". Followed by the usual no parking signs with hard to read conditions and phone numbers dotted around.

This will depend on your lease and what says about parking.

The courts do not favour scammers who try to override
your rights

READ THIS and take into account that UKPC has a bad history
of faking pictures
UKPC lose residential case. Charge not a genuine pre-estimate of loss
http://parking-prankster.blogspot.co.uk/2017/01/ukpc-lose-residential-case-charge-not.html

Magnum0121

I've just been on the phone to the management agent. They were zero help. They could give me any details about their contract and couldn't give me any advice because apparently they can only help within 28 days of the PCN

safarmuk

I've just been on the phone to the management agent. They were zero help. They could give me any details about their contract and couldn't give me any advice because apparently they can only help within 28 days of the PCN

Firstly, you need these conversations in writing.
Seriously, they could not provide you with the contract? If not then does it even exist ... if not what are the PPC doing on the residential estate? Questions for the MA.

The MA is responsible for the actions of their agents (e.g. the PPC they employed). If they are saying they did not employ the PPC then who did?

I would go back to the MA in writing and ask them for much more information and don't be so nice (give them a deadline to respond). If they employed the PPC they control the PPC and they can tell the PPC to discontinue proceedings as this is an invalid ticket. If they are saying this is a valid ticket then you have another avenue that the MA is breaching your leasehold rights (depending on what the lease says).

You should read "hairrays" thread - search for it. He had much the same problem and a couple of LBCs sorted it.

beamerguy

Magnum0121 wrote: »

I've just been on the phone to the management agent. They were zero help. They could give me any details about their contract and couldn't give me any advice because apparently they can only help within 28 days of the PCN

A fob off and a lie about 28 days of the PCN

Time to get heavy ...... let them know they are jointly
responsible for the actions of their agent and you will
have no option but to involve them in any court action.

Maybe their 28 day rule will be flexible ?????

Magnum0121

They put me through to the buildings manager (apparently) who sounded like he was in a world of his own, completely clueless.
Are the obligated to share their contract with a resident like myself?
I was very persistent, I asked the same question several times.

When I'm home from work I'll post what the lease says about parking. I know where it is.

It's amazing how stressful this is...

beamerguy

Magnum0121 wrote: »

They put me through to the buildings manager (apparently) who sounded like he was in a world of his own, completely clueless.
Are the obligated to share their contract with a resident like myself?
I was very persistent, I asked the same question several times.

When I'm home from work I'll post what the lease says about parking. I know where it is.

It's amazing how stressful this is...

No point in stressing.
If it went to court they would have to, you are trying to save
them the effort of going to court

safarmuk

Are the obligated to share their contract with a resident like myself?

If you are being taken to court by their agent then yes, I would imagine they should show you this and if not it should be included in the Claimants evidence.

I think you need to start putting this in writing to the MA. The parking scheme was probably put in place to deter non-residents, of which you are not one, so why are they taking you to court?

MA's are just a joke, they constantly employ PPCs and then wonder why it goes wrong and then worse don't step in when it does go wrong.

Your lease is key, once we know more we can advise better.

Magnum0121

I found the lease. Not an awful lot of info regarding parking, but this is what I've found:


Covenants by the buyer:

Parking:
19. Not to use any car parking space for any purpose other than the parking of one private motor car or one private motorcycle which shall be in a roadworthy condition and shall exhibit a current road fund licence.

That seems to be the only point directly related to parking.
Another section that's possibly of some relevance:

Rights Granted - Access
To pass with or without vehicles along the Estate roads and any other roads connecting thereto which are intended to be highways maintainable at the public expense to provide access and egress to and from the public highway and to pass with or without vehicles as appropriate over any of the vehicular access-ways comprised in the Common Parts for the purpose of access and egress from the property.

Magnum0121

Could anyone assist in regards to the lease? I can't see a relevant point there myself

Coupon-mad

That's the point!

It grants you rights and there is nothing there imposing any obligation or charge upon you.