PCN fine for parking in own space (leasehold flat)

NeilCr

Have you found out who actually owns the car park?

nosferatu1001

IF the space is demised to you in your lease, then they cannot alter teh terms of its use in such a detrimental way without you agreeing or there being a cnosultation which meets the L&TA requirements.

If you are confident you have the required rights, a nd no such consultation took place or you agreed to it, then send them a cease and desist, require them to remove your space, and warn them that, should they continue to interfere with your lease, you WILL issue court proxeedings for damages, and you WILL applyu for an inuunction against them for their trespass on your space. You remove all implied right of access to them or their agent,except fort them to comply with the terms of your lease.

The_Deep

That is the trouble with low rent accommodation. I have an investment property in a complex infested with benefit bludgers, riff raff and the hoi polloi. I am trying to sell it as I am fed up with all the problems they bring.

KR2997

So they finally got back to me after taking a proper look at our leases:

Turns out it does seem like they own the car park as a "common part of the estate", and although they can't take the space away, "I have a right to park here, but I don't own it".

The next part could be interpreted differently - "See below a section of the lease which stipulates that the leaseholder must comply with regulations set out by the Landlord regarding the estate. This would include our decision to employ park direct as part of a management strategy."

"To comply with such reasonable regulations as the landlord may make from time to time relating to the orderly and properly use of the Common Parts of the Estate and security of the building.

Surely implementing the parking service does not constitute a reasonable regulation, but unsure how strong this argument would be?

Coupon-mad

No different from DAngel's thread and we have no time to repeat the same thing every day...actually we always do, but spare us by searching the forum first!