PCN - parking in my own space

nosferatu1001

OP - if the MC has done something explicitly against the interests of the residents, that wouldbe usedul in priving your need to take over from them.
Add to that, they are reuqired to show the full contract to you. They only work on hbehalf of you and noone else.

System

They only work on hbehalf of you and noone else.

I think you might not have that quite right.

The MA is there to ensure the Freeholders responsibilities with regards to the common areas which the Freeholder owns are met as part of a lease. They are also there to "manage" the leaseholders for the common good.

nasescoba1985

UPDATE!!

The UK CPM responded the little rats. They basically said by displaying a badge, I have agreed to a contract to them and am liable for this charge for not displaying a valid permit hahaha

I of course responded with a load of legal jargon again about them committing an illegal act by going against my lease in which I uploaded the relevant lease details that show I have a right to park a car in my own space. I then finished it with “ I will see you in Court “



I will not back down and I won’t pay these guys a penny:


It will obviously go to the ISA to make a decision and of course I will probably lose but I will take them to court if need be. I went through the lease with the chairman of our residents association and nowhere in our lease does it give the management of our complex permission to change anything in the common parts or implement any type of scheme.

nasescoba1985

IAS ( I will get it right eventually )

System

The UK CPM responded the little rats. They basically said by displaying a badge, I have agreed to a contract to them and am liable for this charge for not displaying a valid permit hahaha

The idea behind this approach is that they are decoupling the primacy of lease argument so you can't use it (but you can).

They are saying that you had a brand new contract with them for "space management" and the terms of that was you owed them £100 if you failed to display. The counter argument is no meeting of minds. You were not aware that you were entering a contract and no reasonable person would ever agree to such a term.

But .... it is an argument that the odd judge might accept.

Best to get some sort of arrangement with the MA to get rid of UKCPM as it is clear, their introduction doesn't help anyone. And the longer they are there the more hassle they will be.

Time to kiss and make up with the MA.

pappa_golf

as this is a small GATED settup , perhaps an extra lock/chain to which the parking addendant will have no key , and then there are those silly little fairies that insist on placing bags over parking signs during the day , if the PPC have no income , they will move on

nasescoba1985

No the MA is of no help whatsoever. That boat has long sailed as we are currently in the process of taking over the management of the complex and there’s a strong possibility by March, the residents association will have taken control of management. In the meantime though, I have my own personal issue with UK CPM, which is of course the PCN in question and what we are discussing on this forum. So if I lose this appeal which I am certain I will, just ignore any letters I get from now on, until I get court papers? That correct? In the meantime, I will do research into similar court cases

nasescoba1985

GUYS, out of interest, if long down the line it does go to court and I lose. What is the worse possible amount I will have to pay ? I just want to get a basic understanding incase the worse happens.

nasescoba1985

The only worry I slightly have is, I have openly admitted to displaying the permits beforehand and admitted I displayed the permit on this particular day and it fell off my windscreen. They can just say I knew full well the consequences by displaying the badge. How could I defend this ? I did say in my defence that I was forced upon this appointment and felt I had no choice but to display the badge.

The_Slithy_Tove

nasescoba1985 wrote: »

GUYS, out of interest, if long down the line it does go to court and I lose. What is the worse possible amount I will have to pay ?

It should be JUST the parking charge plus a few costs, like the court filing fee. If they are using POFA, they cannot ask for more. Even if not, your defence should challenge the various debt collection fees that they'll no doubt add along the way (you demand to see proof that such fees were ever paid to the debt collectors, which they won't have, as they only get paid by results), and any other spurious charges. They cannot claim their own legal fees beyond the standard £50 they slap on for filing a claim. So it'd be roughly the parking charge + about £100.