Parking Ticket in My Spot - Appeal Rejected - P4Parking

MercilessKiller

I have checked the lease and it does mention while the Landlord/freeholder was Barratt (now Mainstay), the management company IS indeed NSQ Residents Management Ltd.

NSQ Residents Management Ltd have however hired HML Group to run the property - I could ask HML Group for a contact even though they are the official business address for NSQ Residents Management LTD?

Thanks!

NeilCr

From this thread

http://www.nsqresidents.co.uk/archive/index.php?thread-105.html

You all own a share in the management company. It looks like the directors are happy to let HML get on with it. I sympathise with that - as a director in the same situation the management agent acts as a buffer between us and the residents. What we pay them for!

Loadsofchildren knows much more about this than me so I'd definitely follow her advice. However, you are part of the management company so you can lobby/ask for etc changes to the parking contract - indeed Sara has already offered to forward your views to the management company.

I guess you could try getting her to ask the directors if they will cancel your ticket?

For clarity - as I read it NSQ are the management company which is owned by the residents. HML are managing agents who have been appointed by NSQ to "run' the estate subject to what the management company say.

Again. Please do listen to Loadsofchildren. I know a bit about being a director of an estate but she is well versed in the law, contracts and PPCs.

ETA.

It might be worth asking Sara by what authority the Management Company (the one you have a share in) appointed a PPC

You did say earlier in the thread #34 that a resident who is on the committee told you something about the parking. Could you talk to them again?

MercilessKiller

Thanks all - I wonder what LoadsofChildren will think - Especially as it appears, with the management company being the residents, whether following up here is a good idea and how the best way to go about that is other than asking Sara for a contact that will know more about the contract with P4Parking.

In the mean time, is there any point in emailing P4Parking these particular arguments separately, mentioning their penalty is not with me but with the management company (due to me never agreeing to this contract)?

Thanks!

System

In the mean time, is there any point in emailing P4Parking these particular arguments separately, mentioning their penalty is not with me but with the management company (due to me never agreeing to this contract)?

What is your expectation with regards to an outcome. If you let us know what you think you will achieve then we can comment about a relative level of success based on what we have seen before.

MercilessKiller

IamEmanresu wrote: »

What is your expectation with regards to an outcome. If you let us know what you think you will achieve then we can comment about a relative level of success based on what we have seen before.

The ultimate outcome is simply for this parking ticket to be cancelled so I'm not chased for a payment of £100. Hairray seems to have been successful attacking and going about it that way but it's getting confusing on who I attack at this point due to the management company, acting upon behalf of the residents management company, and a separate landlord (Mainstay).

Should the fine not be cancelled, I want to defend myself so I don't have to pay.

NeilCr

I wouldn't be "attacking" the ManCo. I'd be asking for information about what authority they (or someone) used to introduce the PPC - have they got (and would they exercise) the power to cancel tickets. And you do need to be clear about whether the ManCo ((in which you likely own a share) own the freehold.

It "sounds" like Barretts handed over the freehold to the residents when the estate was complete. Builders do that. But, to be honest, your story is a bit confusing and you need clarity. Why not talk to the resident on the committee you mentioned in #34 who you had a conversation with. Alternatively, ask Sara politely the questions above.

As an unpaid director I know we respond better to nice enquiries/requests than someone waving a load of references off the internet and threatening us.

When you have more information than you can decide a strategy. Right now, you, and us, are shooting in the dark a bit.

MercilessKiller

Thanks for this - I've pinged HML Group asking more about NSQ Residents Management Ltd and whether they could supply me with a contact that is responsible for the P4Parking contract.

With regards to the freehold - This whole thing is a bit confusing to me right now. Aviva/Mainstay collect the ground-rent per year and are the "Landlords" so as far as I'm aware, the freeholders. NSQ Residents Management Ltd seem to be the appointed management company where it appears, us leaseholders are shareholders and have a few directors.

While HML Group have been hired as the maintenance company, what I THINK has happened here is BRAM were the previous maintenance company and they may have agreed the contract with P4Parking on behalf of NSQ Residents Management Ltd - Now that BRAM has been replaced by HML Group, it almost feels like no one knows anything.

I'll await HML Group to get back to me on the best contacts to speak to from NSQ Ltd and take it from there.

Meanwhile, it sounds like there's enough legal defence for me to continue ignoring and if I end up getting taken to court, can defend successfully. Fun times.

Umkomaas

and if I end up getting taken to court,

You'll be their very first!

http://www.parkingappeals.info/companydata/P4_Parking_UK.html

MercilessKiller

As I sent the above, HML Group got back to me confirming pretty much exactly what I thought:

I don't see any reason why I cannot let you see the contract as you too are a member of NSQRMCL, copy attached. You'll see that it was entered into in 2016. BRAM implemented it on behalf of NSQRMCL. You may be aware that in 2016, the directors of NSQRMCL were directors of Barratt Home as the land had been transferred so it is not the current board to entered into this agreement, but it is still valid none the less. I believe it was implemented because there were parking issues across the development.

I now have the contract between ourselves and P4Parking. On the contract, under Management Company it clearly says "BRAM" (which were terminated and is now HML Group) so I guess the contract is inactive? The "Client" is referred to as NSQ Residents Management Ltd however.

The name and details of all contacts on the development (emails, telephone etc) are BRAM staff. HML Group replaced BRAM, but are telling me are not responsible and have no rights to cancel the ticket. I believe this contract proves otherwise and so does make HML Group liable over NSQ Residents Management Ltd?

MercilessKiller

I have sent the following letter back to HML Group:

Dear Sara

The management company is detailed as BRAM which would now transfer over to HML Group.

Please see the following clause in the contract with P4Parking:
17. The client may request the cancellation of a Parking Charge within 21 days from the date the Excess Charge was issued without incurring a cancellation fee. Any cancellation made later than 21 days from the date of issue will be made upon receipt of a £20.00 cancellation fee to be paid by the client

It appears that HML Group have the right to request cancellation of this parking charge without any penalty as it is within the 21 days.

I have provided the arguments as to why the parking charge isn't legal and would appreciate yourselves instructing P4Parking based on the above clause to cancel PCN 2XXXX4

Yours Sincerley,