Parking at my apartment

nosferatu1001

Its a standard clause in contracts, where the agent indemnifies the MA for their actions
The MA likely has no assets so would struggle to pay damages except by raising fees for residents.

LawlessGoose

I'm a bit confused. Who is the agent? The management company in this case is the landlord. As far as I'm aware the only entities I need to deal with are the parking company and the management company.

nosferatu1001

MC are the principal
PPC are the agent
SAme as every single residential parking case.

LawlessGoose

Searching through the forums found this, https://forums.moneysavingexpert.com/discussion/5832910/comprehensive-management-services-ltd-pretending-to-be-cm-services-ltd&highlight=comprehensive+management

There are no replies and I was wondering if it holds any water? The signage at my apartment block states "Managed by CMServices LTD" in the style of a graphic logo. Underneath is the real full name "Comprehensive Management Services Limited".

https://ibb.co/cZ82zz

Perhaps this would apply?
https://www.legislation.gov.uk/ukpga/2006/46/section/1197

LawlessGoose

This is the response I have received from the MA.

Thank you for taking the time to contact us regarding your complaint on 24 August 2018.

I was concerned to hear that you are unhappy with the service you have received and would like to apologise for any inconvenience caused. I appreciate this must have been a frustrating time for you.

You advised that you are dissatisfied with the parking enforcements that are in place and have requested for Comprehensive Management Services not to operate within your allocated parking bay

Having investigated this matter I raised concerns to our Housing Services Team, they have advised that the land is owned by [The MA] and this is leased to you. Comprehensive Management Services have been operating within the car park for a number of years following a leaseholder consultation that took place. A decision was made to use a third party organisation operate in the carpark to monitor and to ensure that the car park is being used correctly and no unauthorised vehicles are using allocated parking bays.

I understand that you are concerned about this, however the car park is sign posted and all residents are aware that they must display a permit, which can be obtained free of charge from the [MA's] Office reception.

Having reviewed your request, we are unable to request for CMS not to operate within your parking bay. You will be required to display a permit, should you incur any fines whilst this is displayed you can appeal this. I have enclosed a parking literature document for your reference which provides information on the enforcements in place.

I would like to take this opportunity to apologise for any distress this matter has caused you, but to also thank you for bringing this matter to my attention. Your complaint will be recorded as feedback, which will be used to improve the services we offer in future.

I have now closed your complaint, however, if you believe this does not resolve the matter please contact the Customer Care Team on [phone number] within 20 days of this letter.

To improve the service we deliver we may contact you to obtain feedback regarding the service you have received. If you do not wish to participate in the survey please contact the customer care team.

The attachment - I have never seen this document until now.

Resident parking at [the apartment block]
Parking in the [the apartment block] car parks has been managed by an external company, CMS (UK) Limited, since 2011. Here are some commonly asked questions about parking arrangements.

1. Do I need a parking permit to park in the car parks?
Yes, your permit must be clearly displayed and visible at all times
UNDER NO CIRCUMSTANCES SHOULD YOU PARK YOUR VEHICLE IN THE CAR PARK AT ANY TIME WITHOUT A VALID PERMIT [so any vehicle without a permit is trespassing??]

2. How do I apply for a parking permit?
If you are the leaseholder you need to contact the contact centre on [phone number] to request a permit, which will be posted to you or you can collect it from the office. Please note that if you collect your permit from the office you will need to provide photo ID
Not the leaseholder? – If [the MA] have authority to speak to the leaseholders agent or tenant then they can go through the same process as above. If we don’t have authority to speak with you then home owner will need to request the permit on your behalf

3. Can I park in the car park whilst awaiting a permit to be issued?
No, you will have to apply for a permit in advance of a resident moving in and within the timeframe [the MA] give for issuing new permits

4. How many permits can I get for my household?
There is no limit to the number of permits, however only one space is allocated per flat

5. How much does a permit cost?
Permits are free

6. How long does it take to issue a parking permit request?
It takes up to five working days from receipt of your application

7. If I have a permit am I guaranteed a parking space?
Each flat has one allocated parking space, which means you are only guaranteed one parking space per household

8. Are visitors’ permits available?
No, there are no visitor parking bays [there are 2!]

9. When are parking restrictions in operation?
24 hours a day 365 days a year

10. If I receive a parking ticket, how do I pay?
You can find full instructions on the back of the parking ticket issued by CMS [the back is blank...]

11. If I want to appeal a ticket, what do I need to do?
Details of the appeal process are on the back of the parking ticket [oh no they're not!]

12. Can [the MA] help if I want to appeal a ticket?
No, we do not get involved in parking issues. Permit holders or drivers issued with a ticket must liaise directly with CMS [forget that the lease is with us and we gave you a parking space in it...]

Coupon-mad

Ask for a copy of that 'leaseholder consultation' outcome/report including documented percentages of how many voted, and all details of the consultation, and whether the MA ensured they had the required 75% in agreement and not more than 10% objecting, as set under the L&T Act:

http://www.lease-assn.org/members/leasehold-information-sheets/lease-variations.php

LawlessGoose

Coupon-mad wrote: »

Ask for a copy of that 'leaseholder consultation' outcome/report including documented percentages of how many voted, and all details of the consultation, and whether the MA ensured they had the required 75% in agreement and not more than 10% objecting, as set under the L&T Act:

http://www.lease-assn.org/members/leasehold-information-sheets/lease-variations.php

Assuming the vote was valid should I have expected to have received documented evidence of lease variations before I signed the lease? Otherwise it would seem rather unfair that new terms can materialise after I have signed. How could I have agreed to them?

Umkomaas

LawlessGoose wrote: »

Assuming the vote was valid should I have expected to have received documented evidence of lease variations before I signed the lease? Otherwise it would seem rather unfair that new terms can materialise after I have signed. How could I have agreed to them?

Looks more like a question for a solicitor than a parking forum.

Castle

Ref: CMS(UK) Ltd

The only current CMS (UK) Ltd listed at Companies House is based in Durham and didn't exist until March 2012:-
https://beta.companieshouse.gov.uk/company/07987851

A company called C.M.S (UK) Limited (No 05176903) changed its name in August 2011 to CarPark Management Services (UK) Limited but went into Liquidation in July 2015.

LawlessGoose

Umkomaas wrote: »

Looks more like a question for a solicitor than a parking forum.

From what I can gather the general clauses that allow changes without a deed of variation cannot vary anything that is substantive in the lease. Since parking is mentioned in the lease explicitly then it can only be varied with a deed of variation. Especially since the document in the response from the MA states that I cannot use the space at all without a permit. Any such deed should have been available before signing the lease.

I've contacted the solicitor who handled the purchase and he's said he's said he's happy to have a quick look. I'll let you all know if he comes back with anything but I suspect it'll be quite low on his todo list.