factor vandalism repair

irnbruextra

Hi all I am looking for a bit of advice please? We have a communal factor for our estate and we pay them for ground maintenance etc in the area. The problem we have is that at times we see a high volume of traffic parking illegally and damaging communal areas. Specifically tearing up large sections of grass. The factors 'fix' for this was to inefficiently place large stones in an area that is largely not impacted by the problem parking and in turn charge all the residents.

I am wondering if as vandalism is a criminal act who is responsible for paying for the repair?
The factor's attempted fix was done so without consultation of residents hence it's not preventing the problem. We are going to be charged again for the ineffective prevention and the issue/damage ongoing as a result.

I am mid complaint with the factor and I suspect their argument will be that the cost when apportioned between all units is not substantial and within the levels that the factors can spend without undertaking a prior survey of opinion from all residents. Though any advice here would be greatly appreciated

lisyloo

The drivers are liable.
You would need CCTV to identify the cars but this would not identify the driver.
It would take a lot of cost and effort to pursue individuals who are responsible.

Could you consult with each other and put forward a suggestion.
Would lockable posts work? Only if every person agrees I’d suggest.

irnbruextra

thanks for the reply lisyloo, it's unfortunately communal grass areas they chew up so the lock posts wouldn't work. The rocks the factor put down are the best option it's just that in his infinite wisdom he's put them all in the wrong place in one big line

I think you are right here though that the best outcome is likely going to be better communication between residents and the factors. Possibly asking nicely if they will move the stones.

Robin9

As a first stage invite your neighbours around for a coffee and cake and talk through your concerns.

Is there already an estate management committee ?

irnbruextra

hi Robin9, I believe an attempt was made to set up like a residents association but it never took off. We have a facbook group and I may try and instigate it from there. It's a good shout though and something I will look into as I think this full situation could have been avoided with better communication from both parties.

davidmcn

The common insurance may well cover malicious damage, though you might have trouble arguing that someone driving on a verge is actually being malicious rather than just inconsiderate - and in any event the directly-caused damage is a fairly trivial cost, so hardly worth claiming for.

AdrianC

irnbruextra wrote: »

I am wondering if as vandalism is a criminal act who is responsible for paying for the repair?

If you can secure a conviction against those responsible, then they may be ordered by the courts to pay damages.

Assuming you can, they are, and they actually do... then it might even cover the full cost. Wahey!

That apart, who else do you think is going to be paying...?

irnbruextra

thanks for the replies!

davidmcn - it's sadly a weekly occurrence and just the volume of cars ripping up the grass makes it much larger than just a one off.

AdrianC - I think thats also going to be a problem just due to the police showing little interest unless the cars are actually blocking access, which they do on occasions. For the repair work as it is technically criminal in an ideal world those responsible should pay for it but there is acceptance that this may be included in factor fees. For the factors useless rock collection I don't think residents should pay for that given it's not either an essential services or essential maintenance rather additional work undertaken by the factor without consultation.

davidmcn

irnbruextra wrote: »

davidmcn - it's sadly a weekly occurrence and just the volume of cars ripping up the grass makes it much larger than just a one off.

Or to put it another way, the insurers aren't going to let you put in a claim for the same thing week after week...

For the factors useless rock collection I don't think residents should pay for that given it's not either an essential services or essential maintenance rather additional work undertaken by the factor without consultation.

Well, the factors aren't going to pay for anything out of their own pockets, and they don't need to literally consult with you about everything they do - they're entitled to deal with day-to-day management if as you say it's not a particularly large expense. If you really don't like them then sack them and appoint someone else.

AdrianC

If you don't think the management company are doing a good job, then lobby the freeholder to replace them.

(I presume from "factor" that you're in Scotland? So it may work differently up there.)

Yes, it may well be more appropriate to implement a different solution - but you can bet it'll be a lot more expensive. Remember, private landowners are VERY restricted in how they can penalise people who park incorrectly, especially if you are in Scotland.

davidmcn

AdrianC wrote: »

(I presume from "factor" that you're in Scotland?

I thought the OP's username may have been a big enough clue in itself...

So it may work differently up there.)

Indeed. The owners appoint the factors, we don't have freeholders to worry about. There is of course the huge inertia involved in getting a majority of owners to agree to a change.