Query on next steps for PCN

ssm90

NeilCr wrote: »

As an afterthought. Do you know who owns the car park? Might be worth finding out as I think we have had one or two threads where the car park ownership was different to the property freehold ownership.

There is no mention of separate ownership, the parking is only for the residents of the block of flats, as each has their own bay. I assume the management company own the car park too as they are responsible for all maintenance. However, they seem to suggest that they have no authority over the management in terms of unauthorised parking etc and have hired LinkParking instead to do their dirty work.

NeilCr

ssm90 wrote: »

There is no mention of separate ownership, the parking is only for the residents of the block of flats, as each has their own bay. I assume the management company own the car park too as they are responsible for all maintenance. However, they seem to suggest that they have no authority over the management in terms of unauthorised parking etc and have hired LinkParking instead to do their dirty work.

Okay.

It was just a thought.

So, do you know who owns the freehold of your estate? Is it the residents? If it is there will likely be a Management Company whose directors are residents. They will probably employ a Managing Agent to work on their behalf and it is possible the PPC contract is with them (the Manco of the residents)

Otherwise there will be a separate freeholder and they will employ the Managing Agent - etc as above.

As Fruitcake and The Deep say you'll need to keep pushing to find out who the contract is with and on what authority it was entered into.

ssm90

NeilCr wrote: »

Okay.

It was just a thought.

So, do you know who owns the freehold of your estate? Is it the residents? If it is there will likely be a Management Company whose directors are residents. They will probably employ a Managing Agent to work on their behalf and it is possible the PPC contract is with them (the Manco of the residents)

Otherwise there will be a separate freeholder and they will employ the Managing Agent - etc as above.

As Fruitcake and The Deep say you'll need to keep pushing to find out who the contract is with and on what authority it was entered into.

Hey Neil,

My understanding is that the management company is separate from the residents, we're all registered with the company and we get to vote on matters (whenever that is!) but the company itself is based in England, while I live in Wales.

Can you confirm that the reason behind finding out who employs/entered into the contract with the parking company is to find out what the terms are with them? I.e. what is my aim when I find this out? Is it to confront them about the fact that nothing is mentioned in my lease contract? Is it to try and get them to cancel the tickets? Or both?

So far they've just denied they have anything to do with it. So the aim is to find out who is in charge so I can see their terms, correct?

NeilCr

ssm90 wrote: »

Hey Neil,

My understanding is that the management company is separate from the residents, we're all registered with the company and we get to vote on matters (whenever that is!) but the company itself is based in England, while I live in Wales.

Can you confirm that the reason behind finding out who employs/entered into the contract with the parking company is to find out what the terms are with them? I.e. what is my aim when I find this out? Is it to confront them about the fact that nothing is mentioned in my lease contract? Is it to try and get them to cancel the tickets? Or both?

So far they've just denied they have anything to do with it. So the aim is to find out who is in charge so I can see their terms, correct?

To get them to cancel the tickets. As party to the contract they may/will have the power.

I am sort of confused about your set up. If you get to vote on matters then it does sound like you, as a group of residents, own the freehold..

Is there a company registered at Companies House something along the lines of "Yourestate Management Company" with a list of directors who look like they may be residents? They'll have their occupation next to their name. I am down as retired for example! There may be a Managing Agent who is down as Secretary and their address may be used for correspondence.

ETA. You could ask them about what authority they used to enter into the contract but I'd be inclined to see if they will cancel it before confronting them

ssm90

NeilCr wrote: »

To get them to cancel the tickets. As party to the contract they may/will have the power.

I am sort of confused about your set up. If you get to vote on matters then it does sound like you, as a group of residents, own the freehold..

Is there a company registered at Companies House something along the lines of "Yourestate Management Company" with a list of directors who look like they may be residents? They'll have their occupation next to their name. I am down as retired for example! There may be a Managing Agent who is down as Secretary and their address may be used for correspondence.

ETA. You could ask them about what authority they used to enter into the contract but I'd be inclined to see if they will cancel it before confronting them

Hi Neil,

So I've checked with someone who is in the block of flats next to ours, which is also managed by the same management company. I've been told that some residents decided voted on which management company to choose, but the management company deals with all issues and none of the residents are part of this company, i.e. I think only the decision of which management company to use was decided on by residents.

I have had no response from the management company since my e-mail to them the other day. I still have over 2 weeks left before it escalates to debt collection letters followed by court letters.

If I don't hear back by Friday, I will contact the management company again. Do you think there are any positives if I take the attack to them? So rather than questioning under what authority these guys have employed Link, should I collate all my evidence and push towards going to court to show I'M serious and confident about my appeal. So far, there is nothing in the contract about requiring permits, Link have also falsely increased my penalty, they also do not have the right contact info and I have all the e-mail chains with the exception of them saying I can park in my bay in writing.

NeilCr

I'll leave the more technical stuff about the best way of dealing with the tickets to the experts here. I know more about ManCos and Resident Associations.

From what you've said it sounds like you guys do own the freehold if resident directors have appointed a Managing Agent. In which case, while they undoubtedly would leave the day to day running of the estate to the MA, they would have overall authority.