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VCS Parking Fines - Now Court Papers arrive URGENT ADVISE PLEASE

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  • karenep
    karenep Posts: 26 Forumite
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    Dont send this to Premier yet?
    nosferatu1001 wrote: »
    No, it just gets you away from the lease-breaking harassment from the trespasser

    Let others comment. DO NOT rush this.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    What part of "Do not rush this" is unclear?
    You want others to comment
    WHich they will find harder to do, as youve now pushed us to a new page with unecessary posts
    And of course it doesnt go to premier. Theyre the monkeys. You go to the managing agent, they signed the contract, theyre the ones responsible for the actions of their agent.
  • karenep
    karenep Posts: 26 Forumite
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    apologies for being over eager, or more like in panic mode - would you suggest starting a new post?
  • Le_Kirk
    Le_Kirk Posts: 22,322 Forumite
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    karenep wrote: »
    would you suggest starting a new post?
    Keep all information relating to this incident in this thread, if you start a new post/thread other posters will not "connect the dots."
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    What I meant was, you want response to a post now back a page. So just repost it here.
  • theresa8
    theresa8 Posts: 3 Newbie
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    you need to file a defence quickly before time runs out. do not ignore court paper or fine. always send a letter with proof of postage with defence. perhaps the tenant can write a letter say that he permit you to park there whilst making repairs at his flat? find defence on google. you be surprise what you can find
  • theresa8
    theresa8 Posts: 3 Newbie
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    ask the court for extension or time? get free solicitor consultation of 1/2 hour? if you are the tenant, you have a right to park there or not. if yes, show proof that you got permit to park there and file it to court. do it quick. do not delay.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Theresa - no idea what you have posted about here, it doesnt make any sense given the circumstances.
  • karenep
    karenep Posts: 26 Forumite
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    Anyone tried this approach and been succesful? Have written to both Premier Estates and Mainstay asking for details of who the contract is between but this too has fallen on deaf ears. We have never signed an agreement to participate in any such parking scheme, would this require our agreement being as the space we use, with or without permit is ours as defined in the lease?

    nosferatu1001 wrote: »
    Respond back stating:

    The regulations cannot be made so that they:
    1 )Derogate from the granted use of the space
    2) REquire the lessee to contract with a 3rd party to park in the space granted to them
    3) Require the lessee to pay a sum outside of that agreed in the lease, and to a 3rd party who has no rights whatsoever under the lease.
    4) interefere with the peaceful enjoyment of the property

    Cancel the charge, remove my space from the scheme, or be on the receiving end of an injunction prohibinting your agents trespass on my land, and a bill for damages.
  • karenep
    karenep Posts: 26 Forumite
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    So I write to Premier and ask who the Contract is between and also tell them I require them to remove me from the Parking Scheme. Their response is detailed below. I have gone back telling them that the parking is safeguarded in so much as you need a fob to enter the car park, and in the 3 years we have owned the property we have never had anyone park in our space, in fact there are always 20-30 spaces free anyway. I have advised that they either cancel the fines or remove me from the scheme. Surely they can cancel these penalty charges, whether they have gone to court or not?

    "Thank you for your subsequent emails relating to the parking patrol. I can confirm Premier Estates Limited authorised for the parking system to be implemented as the Managing Agent for the development to address the parking issues the development was experiencing, which would still be encountering should the permit system not be implemented today.

    Unfortunately, we are unable to omit you from the parking enforcement as it is a block contract and all parking spaces are included in the policy. Following the introduction of the parking permit system in 2014 I can confirm the residents are now able to park in their allocated parking bay as oppose to not being able to park, due to non-residents parking their vehicles in the allocated bays whilst they go to either their place of work or the local shops. This has much improved the parking problems at Life 3.

    Assuring you of our best intentions at all times.


    Kind Regards
    Linda Dolan
    Estate Manager"
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