Gladstones LBC

Varnaman

I recently moved into an apartment as the owner, not tenant, there was no parking restrictions when I moved in. We have a single parking space, the lease has no mention of any permit requirement.
Within a month of moving in, Pembroke the managing agent introduced CPM as the parking police, areas where we could park in addition to our own bay now became violations.
Tickets flowed like confetti 24 x 7.
I have ignored CPM, then DRM and now have Gladstones chasing me, I received an LBC yesterday.
I have copied a template from this site that responds to their LBC.
I would welcome any expertise regarding residential parking and these clowns.

nosferatu1001

Have you read the NEWBIES thread, and specifically the residential cases mentioned?
You say the lease does not mention permits, but what does it GRANT you and what does it require or regulate you to do / not do?

Uuntil we know that, and the amoun tin play here, its hard to tell.

System

And does it relate to any of the other 6 (six) threads you have opened on parking charges. You appear to be very unlucky.

Umkomaas

Other threads all just seem to come to an abrupt end with no feedback on outcomes through which to update those who have given freely of their time to help.

LewiiiD

Im fighting my second court claim against UK CPM from Pembroke Park atm. More than happy to help if required.

Varnaman

Many thanks for your reply, any help would be most appreciated, what further information do you need to assist?

Varnaman

Many thanks for your reply, would it be appropriate for me to copy the parking element from the lease on this forum?

nosferatu1001

Yes, of course, if you want us to have any idea if it says what you think it does

Dont just look for "parking", include anything allowing them to alter estate regs or similar phrases

Varnaman

"Power to Impose or Vary Regulation.
6.4 The Company may at any time or times during the term hereby granted in the interests of good estate management, impose such regulations of general application regarding the block, gymnasium or the flats and parking spaces comprised in the estate as it may in its absolute discretion think fit in addition in place of the regulations or the gymnasium regulations (but so that any such regulations shall not conflict with this lease) and the company shall have power in its absolute discretion to revoke amend or add to such regulations or any additions thereto or substitutions thereof"

8.The Right subject to compliance with the provisions of paragraph 27 of schedule 3 for the lessee and his successors in title the owners or occupiers for the time being of the property and all persons residing at the property or authorised by him or them(in common with all other persons having the like right) to the exclusive use of the parking space.

Use of Parking Spaces
27 Not to use the parking space

27.1.1 except for parking private motor car...which is taxed and in roadworthy condition.

27.1.2 for the carrying out of any repairs to any motor vehicle for the time being parked in or on the parking space other than minor repairs which can be carried out without causing noise or nuisance.

27.1.3 for the storage of any or other inflammable material (except for petrol and oil in the tanks of a motor vehicle parked thereon)

These are the only parts of the lease that I can see that may assist in answering your question to me?

I hope it helps?

Varnaman

Hi, I hope this information regarding my lease may help?

"Power to Impose or Vary Regulation.
6.4 The Company may at any time or times during the term hereby granted in the interests of good estate management, impose such regulations of general application regarding the block, gymnasium or the flats and parking spaces comprised in the estate as it may in its absolute discretion think fit in addition in place of the regulations or the gymnasium regulations (but so that any such regulations shall not conflict with this lease) and the company shall have power in its absolute discretion to revoke amend or add to such regulations or any additions thereto or substitutions thereof"

8.The Right subject to compliance with the provisions of paragraph 27 of schedule 3 for the lessee and his successors in title the owners or occupiers for the time being of the property and all persons residing at the property or authorised by him or them(in common with all other persons having the like right) to the exclusive use of the parking space.

Use of Parking Spaces
27 Not to use the parking space

27.1.1 except for parking private motor car...which is taxed and in roadworthy condition.

27.1.2 for the carrying out of any repairs to any motor vehicle for the time being parked in or on the parking space other than minor repairs which can be carried out without causing noise or nuisance.

27.1.3 for the storage of any or other inflammable material (except for petrol and oil in the tanks of a motor vehicle parked thereon)

These are the only parts of the lease that I can see that may assist in answering your question to me?

I hope it helps?

nosferatu1001

"but so that any such regulations shall not conflict with this lease"

So they cannot require you to contract with a third party
they cannot take away your right to park
They cannot require you to pay a third party for the right to park you already have
And so on.

So your lease looks pretty good

That needas to go in you response - that you have a right to park that cannot be removed by the lessor, and their client can offer nothing of value to you that you do not already have, by virtue of your lease.
They are simply a stranger to you and the contract you have, and their client has failed to perform adequate diligence for them to be able to take up parking services.

In short. THe land is mine to park a vehicle on, it is not your clients to offer a business selling premium parking services. SHould they continue n this harassment you will seek all suitable redress, including an injunction against your client, damages for interference with your lease, and misuse of data.

You suggest they cancel this and any other tickets, refrain from trespassing on your land in future, and cease this harassment. You have 7 days to confirm this.