Parking at my apartment

Coupon-mad

Displaying distinctly more knowledge of forum acronyms and rules of law, than here.

LawlessGoose

Coupon-mad wrote: »

Displaying distinctly more knowledge of forum acronyms and rules of law, than here.

If I have done so it's not intentional. I have dealt with tickets before, as I mentioned, which involved looking on here as well as Pepipoo, the Parking Prankster's website, and others. I don't mean to be disrespectful but are you trying to get at something? If so please could you ask it directly so that I might answer it? I just want help and advice related to dealing with the parking company and management company where I live.

Coupon-mad

I've never owned a property before and so I've never dealt with a parking company as a resident. The comments I have posted on other threads are drawn from knowledge gained from my previous tickets.

We see a lot of 'new' posters who are the same person, who keeps trying to come back. You seem to have fair existing knowledge about residential parking, to me:

https://forums.moneysavingexpert.com/discussion/comment/74702402#Comment_74702402

The right to use the space belongs to the landowner. However, they might have demised the right to use the space to a leaseholder (your landlord). If that is the case then in order to park you need permission from your landlord only.

That would mean you don't need to display a permit obtained from a management company since they cannot grant you the right to park.

The estate agent is unlikely to have seen the lease and I wouldn't trust what they tell you.

It does ask depend on the wording of the various contracts that flow from the landowner down to you.

There you are advising another poster about a residential PCN case, and you know more than most. If I am wrong then we will see in time and I hope you get assistance.

LawlessGoose

I have drafted a response to the PCN based on the Newbies template. I had previously sent a letter to CMS and to the MA that specified I am the Leaseholder with primacy, etc. That was sent on the 19th. Should I wait for responses to that before responding to the PCN with the below?

I hold the primary contract for use of the parking space allocated to [STRIKE]address[/STRIKE], by way of Leasehold, and you have never had my permission to operate on my parking space.

However, I have received a letter entitled, “parking charge notice to registered keeper” dated 21st August 2018 that alleges a driver breached your terms and conditions while parked in my parking space using a vehicle for which I am the registered keeper. Notwithstanding the Lease, the signage you refer to on your website is inadequate and incapable of establishing contracts that bind drivers to their conditions.

In any event, there is no requirement for the driver to be named and so I shan’t, nor does your letter adhere to the requirements set out by Schedule 4 of the Protection of Freedoms Act 2012. Therefore, not only can the driver not be liable for this alleged charge, neither can the keeper.

I reserve the right to take legal action against you without further notice for trespass, breaches of the Data Protection Act, tortious interference, or any other breach of law, regulation, or tort that you commit while unlawfully operating on my parking space.

A complaint has been made to my MP regarding this matter.

LawlessGoose

I have received a response from CMS but nothing from the MA yet other than to say my complaint has been passed on to another department.

https://ibb.co/f7qV4p

Fruitcake

LawlessGoose wrote: »

I have received a response from CMS but nothing from the MA yet other than to say my complaint has been passed on to another department.

https://ibb.co/f7qV4p

"would of"

My old English teacher will be turning in her grave.

Umkomaas

Fruitcake wrote: »

"would of"

My old English teacher will be turning in her grave.

Could of so easily been avoided if they would of paid attention in class! :cool:

Small wonder they ended up working for a PPC.

LawlessGoose

Another windscreen ticket has appeared. I'm thinking my next move is to apply for an injunction against the MA and to sue CMS for trespass.

I've delivered a letter to the MA stating my position and that their lack of response has left me with no other option but to seek and injunction.

I don't really feel like being bullied for simply utilising what has been made available to me through the lease. I just want to be left alone.

nosferatu1001

Damages AND an injunction for the distress
Name both the MA AND the agents, as the agents will have indemnified the MA meaning youve got mroe chance of actual money.

LawlessGoose

Nosferatu could you explain what you mean by the agents have indemnified the MA?