I’m getting parking tickets In my own parking spot

luxardo

Why would you want the parking firm kicking out ? It doesn't affect you, only other people who may park in your spot. I'd welcome having anyone who nicked my parking spot charged a fee, great deterrent. Plus they can't make you pay a charge even if you don't display a permit as your lease gives you use of the space. It may be a bit inconvenient at first but as soon as they take you to court once and lose they won't do it again. In answer to the question of "can they do this" ? NO they can't change the terms of your lease, your lease is a legally binding contract on both parties and cannot be changed without consent of both.

Marm

Coupon-mad wrote: »

How about getting an injunction against the PPC then suing them for the cost and extra damages for interference with your lease, private nuisance, harassment and distress?

This isn’t a bad idea. I will read through thread to u ser stand if this is another way to get them, thanks! :beer:

Marm

Fruitcake wrote: »

You have done really well so far.

Now that your space is, or soon will be an exclusion zone for scammers, you could do as previously suggested and involve other residents. Perhaps a mail drop and/or notices on other cars.

Is there a wall next to your parking space where you could stick your own laminated notice or a copy of the exclusion letter?

I seem to recall there is something in the Landlords and Tenant act requiring a percentage of residents to agree to any changes to the lease conditions before they can be implemented. If you can show the MC they have failed to comply with the act (law) you may have some leverage.

I have already 10% of the properties on my side with at least 5% of them having been issued at least 1 ticket

Marm

Hello again everyone,

Something's come up that I am not sure if it is correct or I am being lied about:

I have a lease for the flat and the parking space and when requesting the management company to pin point what clause has been used to implement the parking scheme, I have been sent a clause that is:

- not mentioned anywhere on my lease
- contained with what looks like a parking space only lease (some owners bought separately)
- dated after my lease

Other clauses sent on the screenshot are exactly the same as in my lease, talking about landlord and tenant.

The management agents claim what I have is an "underlease" and what was sent to me, an extract of the "headlease"

Can anyone help? Is it true what I have isn't the full set of rules for my property but another document at a higher level which I didn't sign and never seen overwrites my lease?

Thank you very much for your help!

nosferatu1001

Headlease would be between the landlord and the landowner.
If the clauses dont exist in your lease, and in fact are dated after your lease, then clearly they cannot apply to you directly - any supposed breach is a matter between the landowner and your landlord.

Marm

but wait, I own the flat, purchased it with a 250 year lease on it... who is the landlord?

KeithP

The landowner is the freeholder.

nosferatu1001

So your lease is between you and the FREEHOLDER, yes? Noone else? Check it carefully

In which case Id suggest you check YOUR lease and send the MC a copy pointing out

- by definition there is no "head lease" of "under lease" as you own the lease for 250 years.
- that by referencing an unknwn lease they are at best grossly mistaken or theyre trying to mislead you,a leaseholder.

You refer to your lease, which is definitive as it is a copy of the lease lodged with the Land Registry, and this lease does not contain the clause they are referring to, and is dated prior to the lease they are relying upon in any case.

You require they cease and desist, else you will hold them loable for the actions of their agent. THis may include an injunction preventing their agenmt from further trespass.

Marm

Yes, my leasehold is between the freeholders at the time and us.

Is there a chance the headlease is for the whole block and then each leaseholder has an underlease?

Coupon-mad

Yes.

Can you find a local law centre or solicitor offering a free half hour for first consultation?