Court form received help requested

Snakes_Belly

sadwithoutmynelson said:

Its just beyond ridiculous.  Its actually made me want to move house even though I actually love it here.

I can understand that. I fought a claim from a car park that I never have to go back to again. It must be dreadful when there are issues on a residential car park or street.

I would feel like moving. Do you live to the North or South of Birmingham? Lichfield is a nice place to live. A bit of a cafe culture going on. Well there was before lock down. 

sadwithoutmynelson

I live in Central Birmingham.  Its a lovely house for my first purchase and everything about it is how I wanted to do up my house . Just the parking situation ruins the peace. 

Fruitcake

According to para 4 of the Parking Expenses, the MC are required to Abate any nuisance ...
They have spectacularly failed to do that.

Snakes_Belly

I understand that one/some of the claims relate to the car being slightly over the white line of your neighbour's parking space and that this was with your neighbour's agreement. Does your neighbour also own their parking spaces as a freeholder? I got the impression that they did.  

If that is the case then they will be the "landowner". Therefore unless they have given the PPC landowner authority to pursue you through the courts that particular claim is meritless for that reason.    
 

sadwithoutmynelson

Yes they were slightly over to prevent others parking there.  My neighbour is also a freeholder and purchased the house from new like me  . He was /is happy to let me as he doesn't have a car and random people were parking in his slots and taking part in anti social behaviour posing a security threat . Also as the parking is numbered, it shows or at least appears to seem noones at home with no cars there. He is happy to sign a letter to confirm this.....

nosferatu1001

Sign a WITNESS STATEMENT 😊

Snakes_Belly

nosferatu1001 said:

Sign a WITNESS STATEMENT 😊

Yes, a witness statement from your neighbour stating as the freehold owner of those spaces he has given you permission to park there. 

Snakes_Belly

It has been stated that as you are contributing to the upkeep of the car park and other area's you have given your permission for the PPC to be engaged.  You had no say in matter at all and have not been given the option as a freeholder, to contract out of this element of the management fees. If you had withheld the management fees then you would have been in breach of your contract with the management company.

The management company that manages the property that I rent out has different tariffs for different types of properties. For example the maisonettes do not have to pay as much as flats as there are no communal area's. The houses pay even less.   

I would have thought that the sensible way to arrange this would have been to give you (as freeholders) the option to join the PPC element of the scheme. If you did not want to join, you could contract out of this element and your parking spaces would not be included in the car park plan that is given to the PPC.     


  

nosferatu1001

Wrong way round

the mc cannot contract them in without express permission. Anything else is acting in breach of the lease 

Snakes_Belly

Further to my comment above the management company that manages the flat that I rent out sends copies of accounts each year. As mentioned above there is a different charge for each service and the charges are apportioned for each type of property to which they apply.