UKPC - SCS Claim form recieved

Gunner84

Can you clarify on "gotchas". I can have a fair educated guess about what you are saying, but I probably should eliminate all doubt and guessing in such a situation.

nosferatu1001

I ment, any areas where the variation of the rights granted in the lease can be performed

For example most leases want to talk about "reasonable regulations" being introduced, to allow for them to vary maybe how communal areas are managed. But the key then is they must be reaonsable, and they cannot reduce the rights you have in your lease - as that would require a new lease to be drawn up, it cannot be unlateral.

Gunner84

There is a repeated reference to "estate regulations". Is this potentially another way of writing it?

Coupon-mad

Yes, what does it say?

Gunner84

"Acting reasonably at all times the manager shall have authority to make and at any time vary such Estate Regulations as it may think fit for the preservation of the amenities of the Estate or for the general convenience of the occupiers of the dwelling"

That is probably the most directly relevant bit i can find.


In the fourth schedule it details as follows:

The right to use in common with all others entitled to a like right on a first come first served basis any Visitor Parking spaces for the temporary parking of visitors private motor vehicles not exceeding three tonnes gross laden weight."

This seems pretty crystal clear, so my main question would be how this interacts with the managers Estate Regulations. There is nothing in the entire document about paying for passes (which has now been done). Third party enforcement, the threat of fines. Any of that.

nosferatu1001

"Acting reasonably at all times"
Is it reasonable to remove someones right to park and replace it with a need to contract with an unknown 3rd party and pay a hugely inflated charge if you breach the contract? No, of course not.

"for the preservation of the amenities" FOR THE means it must ONLY be for this purpose, and not whatever they want. Aprivate space is not an amenity of the estate, as in it isnt generally avialable, and it cannot be for the GENERAL convenience as it is only for one space.

Nowherer there does it state you can have your granted rights rmeoved. If it did your solicitor would have tod you not to sign, becaue your lease becomes worthless.


WAIT: You PAID for a pass? Did you SIGN anything? YES OR NO. THIS IS CRITICAL.

Gunner84

No signature whatsoever. The managing agent, who at the time I naturally believed would act in tenants interests, said the admin charge for replacement passes was £10 per pass. Naturally since at this stage we don't know much other than we are getting consistently wrongly ticketed. So my first action to stop the tickets was just to have a pass displayed in the window (every car on the estate has one, but they all look different oddly enough.) Thus, my blue pass deemed "invalid" was suddenly a red pass. Both undated.

It was paid for via an online form on their website. Very lightweight minimalist site. The PPC were not involved in that transaction whatsoever. No documents, no signature. Just a text box form and a payment made.

nosferatu1001

OK, phew. I was checking no terms and conditions had been signed. (or included with the permit and paying for the permit means youre deemed to have accepted them)
This is important, because paying for a permit *can* mean you now have a contract.

So go check the site. See wha tyou agreed to. You need this nailed down.

Gunner84

Here is the payment form. Theres nothing to it really. Its not even specific to passes. Not sure it can mean a whole lot.

https://imgur.com/a/NaTgcEa

nosferatu1001

OK its just a way of sending them money for any purpose. Good.

In which case your reqauired words are a replacement permit was purchased PURELY for the convenience of the operator, and did not in any way imply you accpeted they had any authority over your space.