Proposed Parking enforcement on my estate

Lucky_Duck_2

Originally posted on the the House Buying, Renting and Selling forum but it was suggest I posted here - https://forums.moneysavingexpert.com/discussion/5938488/estate-parking-proposed-parking-enforcement-how-to-respond

Like most recently built homes my estate's roads were not adopted and are run by a management company, My property deeds allow a car or small van to be parked on roads abutting my property subject to not causing an obstruction.

The management company have written to say that they will be starting parking enforcement and they will issue fines (their choice of word) for any vehicle parked on the road rather than on a driveway.

I have had an exchange of emails noting that in my opinion there is nothing permitting contractual charges in the deeds and in any case I have an explicit right to park on adjacent roads so in excising this right I cannot be subject to enforcement of fines.

My intention is to confirm this in writing to them, is there anything I could/should so do to try and nip this in the bud rather than have to defend the inevitable PCNs?

Fruitcake

Ask by what statutory means they intend to impose fines, since the MA cannot do this themselves, only a civil or criminal court.

Complain to your MP.

Keep up battering them in writing, and get your neighbours involved as well.

The_Deep

Read this

https://forums.moneysavingexpert.com/discussion/5927955

Fruitcake

Another one here you should read with a very good result.

https://forums.moneysavingexpert.com/discussion/5934541

nosferatu1001

State that, in order to vary your Deeds you require them to follow the L&TA1984 and issue a formal consultation. Failure to do so will be tortioius interference with your rights as laid out in your Deeds, and they wil be liable for:
1) Tortious interference with your lease
2) Trespass to Goods
3) Harassment
4) Breach of DPA if their agent accesses your personal data.

YOu withdraw any form of consent they may think they have, you frmally object to this scheme and do not consent ot any variation in your deeds, and require them to confirm your non-participation in any scheme immediatley. Failure to do so leaves them open to claims for damages as well as an injunction prohibiting them or their agent from furthe rharming you

Note that, even if they claim a vehicle is in obstruciton, this is a matter to be dealt with via the lease, and not a parasitical parking firm.

beamerguy

Is it UKCPM ?

Lucky_Duck_2

Fruitcake wrote: »

Another one here you should read with a very good result.

https://forums.moneysavingexpert.com/discussion/5934541

Thanks, there is some useful information to be getting on with in there.

beamerguy wrote: »

Is it UKCPM ?

At this stage I don't have any information beyond a copy of the resident's AGM minutes which recorded that the AGM has resolved to introduce parking controls.

It will be "interesting" to see how/what they intend to implement.

NeilCr

Are you an owner or a tenant? Could you have attended the AGM?

Speaking as someone who is a director of an estate I'd welcome you contacting me to discuss the situation before doing anything else. When you say Management Company do you mean the residents own the freehold. If so, there will be resident directors who you could (I hope, anyway!) have a chat with in the first instance.

Lucky_Duck_2

Owner, I didn't attend the AGM but I don't recall anything warning me parking enforcement was being contemplated.

The estate's road, paths and planted areas are owned A.N. Other and managed by a separate Management Company.

peter_the_piper

Apart from the MA having a financial agreement with a PPC, what reason are they giving for trying to take away your rights?

Lucky_Duck_2

Their reasoning is that the AGM resolved that parking enforcement would be implemented with the attendant fines, etc.

I did enjoy one response that asked me where my TP1 prevented parking enforcement and issuance of fines rather than it being the other way round.

I suspect those who voted for this may well wish they had been more to be careful about what they wished for if they find their visitors and/or tradespeople fined and unwilling it visit again..