Lbc for parking in my own bay

neeraj89

Loadsofchildren123 wrote: »

what does your lease say about estate regulations (or similar - ie the rules of what you can and can't do on the estate), and what does it say about the freeholder's power to introduce new regulations. We need the precise wording.


have you read hairray's thread and Daniel San's? Both are about residential pcns. Not sure about Daniel, he may have been a tenant, but hairray owned both his flat and the parking space like you do. In these cases you need to look carefully at the wording of what the freeholder's allowed to do then pick it all apart.

How do I attach a copy of my lease showing the exact wording ?? as a new user I cannot put links on my reply. Is there any other way ??

Where can I find hairray's thread ?? is it there on the newbies thread ??

Please guide

Fruitcake

You should also look up information about claiming additional costs for unreasonable behaviour.

In every correspondence you have with Gladrags you should repeat the information about what your lease says, that it has primacy of contract over what the scammers and MA may say, and specifically that it is silent on permits. That way they cannot say they didn't know.

You should also tell the MA in writing that you will be calling them as witnesses to answer questions as to why they are trying to abrogate the terms of your lease.

neeraj89

Fruitcake wrote: »

You should also look up information about claiming additional costs for unreasonable behaviour.

In ever correspondence you have with Gladrags you should repeat the information about what your lease says, that it has primacy of contract over what the scammers and MA may say, and specifically that it is silent on permits. That way they cannot say they didn't know.

You should also tell the MA in writing that you will be calling them as witnesses to answer questions as to why they are trying to abrogate the terms of your lease.

You should also look up information about claiming additional costs for unreasonable behaviour. -- I will do that once my PCN's have been cancelled and the Letter before claim has been dealt with and cancelled

Thanks for the advise and wordings to write to MA - I have done that just now. My email to them is below:

Being a Leaseholder to this site I was under the assumption that the parking company was put in place to deter unwanted and dangerous parking, not legitimate residents. At no point was the vehicle parked dangerously or inconsiderately. Would it not be more effective for the PPC to have a 'whitelist' of vehicles allowed to park on the site rather than an antiquated paper based system that is open to errors and human mistakes.



Please take into consideration the following from my lease:



Interpretations and definitions:
"Allocated Parking space" means the parking space allocated to the property and edged pink on the plan and being one of the car parking spaces

Schedule 4: Tenant's covenants with the management company the landlord and other owners:

4. No to obstruct or cause any damage to the Access way or the car parking spaces or any other paths or driveways on the estate or leave any item or thing in or on the external communal areas or the internal common parts save for the proper use of the areas designated for disposal of refuse and storage of cycles (if any)

17. not to park or permit to be parked any vehicles of any kind on any part of the estate communal areas or the car parking spaces other than on the allocated parking space for the avoidance of doubt the tenants visitors shall be permitted to park on any spaces marked as visitors spaces situated within the estate for no more than 23 hours in any 24 hours period

18. not to use the allocated parking space otherwise than for the parking of a single private motor vehicle or motor cycle which does not exceed 35 cwt gross laden weight and which shall be in a road worthy condition taxed and insured.

19. Not to park on the allocated parking space or on any part of the estate any commercial vehicle other than light delivery van at reasonable times of the day for so long as may be reasonably necessary for the purpose of delivering goods to and collecting goods from the property or carrying our repairs maintenance decoration or small building works to the property such vehicle to be parked on the allocated parking space.

20. Not to carry out nor allow to be carried out on a professional basis any vehicle maintenance on any part of the estate other than in the case of emergency.

Schedule 9: Rights granted to the tenant:

5. subject to the tenant paying the tenant's proportion the right to park a single private motor vehicle on the allocated parking space or such other space as may be allocated in place thereof by the landlord for the parking of a private motor vehicle or motor cycle which complies with the restrictions set out in paragraphs 17 & 18 of Schedule 4 subject to any easement or rights granted or to be granted over or under the same to any authority.


At no point does the lease refer to having to display a valid permit and the lease has precedence over the parking scheme due to primacy of contract. The terms of the lease cannot be varied by the PPC and if a variation of contract has been made, where is my written notification that I agreed to it ?


If this case goes to the courts then I'll be will be calling you (Managing Agent) as witnesses to answer questions as to why you are trying to abrogate the terms of my lease.

System

As it was a small amount I paid and got the permit so i could park in my bay without getting more tickets.

Still want to know why you'd want to display a permit , purchased or otherwise though the purchased one has a different connotation.

What is in your mind when you display this permit. What is in the minds of whoever hired them.

We already know what is in the minds of parking companies but it will pay to have the answer in your own mind, clear and researched and backed by evidence. Templates don't cut it on residential sites as they are all different.

The_Deep

Perhaps you should return the permit as you do not need one. Inform them that you will be very cross if they attempt to interfere with your leasehold right to peaceful enjoyment of your property and may seek damages under The Lndlord and Tenants' Acts.

neeraj89

The_Deep wrote: »

Perhaps you should return the permit as you do not need one.

The permit is not the important part of this now.
As I have received a letter Before claim form Gladstones on 6th March 2018, I need send a strong reply to them so that they close the case.

Once that is done I can think about fighting with the MA about the permit and role of parking management company.

If anyone could go through my first draft and suggest something.

thanks

Loadsofchildren123

http://forums.moneysavingexpert.com/showthread.php?t=5588292&page=5


hairray's thread


Click on Forum Search
Click on Advanced Search and then you can search for a particular poster by name

Loadsofchildren123

I think the answer on the permit is that a person will do something like this, even if it costs a tenner, to stop the leeches posting PCNs on his/her windscreen in order to avoid the fuss and hassle of appealing and potentially court proceedings. It's just for an easier life. it doesn't mean you've accepted that they have any rights at all.

neeraj89

Loadsofchildren123 wrote: »

I think the answer on the permit is that a person will do something like this, even if it costs a tenner, to stop the leeches posting PCNs on his/her windscreen in order to avoid the fuss and hassle of appealing and potentially court proceedings. It's just for an easier life. it doesn't mean you've accepted that they have any rights at all.

Yes I agree. Thats exactly why I did it.
and thanks for sharing the thread link.

Loadsofchildren123

Your letter to the MA - you need to point out that you have a right to quiet enjoyment - this will be in the list of freeholder's covenants. As you own the parking space as part of the demised property, this right extends to the parking space. They are actively interfering with your quite enjoyment of it.


Please find the clause about what regulations (ie restrictions) there are about the estate (eg that you cant' have a bbq on your balcony, you can't ride a horse on the grass etc) and then look for a clause that says the freeholder, or the MA acting on its behalf, can impose new regulations. The wording of those clauses will be important. Also look in the definitions clause to see how "regulations" etc are defined.