Court form received help requested

sadwithoutmynelson

Snakes_Belly said:

I would also be inclined to suggest to the management company that they dispense with the PPC and install electic gates as they originally planned. I would have thought it would have increased the value of both the leasehold and freehold properties. They have probably got some funds built up in a sinking fund and it would be worth paying a little bit more to be free of the PPC. 

It seems unfair that as a freeholder you have no say in the managment of the car park yet have to pay a charge. 

Anyway this issue has now been resolved which is brilliant. They were very unlikely to have won and must have had the sense to realise it,  
 
 

I have requested the electric gates so many times but as there are flats who use the car parking,  the estate management company have said they need a majority and many of the flat owners have declined the cost. 

Furthermore the estate management company are very happy with ukcpm despite the numerous complaints from us . In fact my neighbour is so fed up he has even put his house on the market. 

Ironically the last few days I have returned to find people happily parked in my space carefree. No worry or hesitation. 

I have mentioned this several times to the management company that only us resident seem to get the parking charges esp as they come different times throughout the night. They don't care at all. The whole thing is beyond ridiculous.  

I have emailed the courts and asked for my costs and the discontinuation in writing. Once I get this i will tell n
My employers. So glad after 2 years of arguing it out with my employers that I'm not left with egg on my face . 

Thankyou

sadwithoutmynelson

Redx said:

They have given up on the PCNs issued that are listed in that court case itself , if that is every historical PCN then yes , given up on all of them , so hopefully all historical claims

You failed to get a winning judgment , because they chickened out , which is why we want you to get a successful costs hearing or award , especially because you did not counter claim , so they had little to lose

Nothing to stop them carrying on issuing new PCN s , which is why you now get tough with them plus that managing agent or company too , you have to take a stance and always remember that prevention is better than cure !!

Yes it's all historical claims in that case. Perfect. 

I feel alot more tougher now and especially that i can let me employers know and a little more confident knowing i now no longer have a company car, just my own,  so it won't impact my relationships at work for anything that happens in the future. 

Coupon-mad

I wondered if the discontinuation meant they can no longer ticket on my property

Nope.

 or whether it meant they are simply giving up on the tickets they already issued.

Yep.  But use this outcome to write to the Managing Agents and UKCPM, telling them that your space IS NOT TO BE ENFORCED AT ALL.

sadwithoutmynelson

Hi everyone. Everything has been delayed understandable with covid. I had to email the courts for the costs hearing and have a date for end of August . I am therefore still out of pocket as is my company . 

This morning I have just received a pcn in the post for again parking outside the lines! At 5am! It’s my land!!!! And I can’t park completely in the lines as my neighbour cannot get her car seat and baby in and out. I can’t believe I have to go though this again! 

I had already written to the management after the last hearing that I don’t want my space enforced yet they say that’s not my decision . 

I have 0 intention of paying it but I am left thinking do i have to go through this all again ? Not sure I have the headspace or the energy. They are wasting my time and the courts. It’s just beyond ridiculous . 

It was only yesterday I got home to see a trespasser had parked in my space. But for cpm to come view the cars at 5am? Beyond sneaky. Totally fed up of them and the management company and it’s affecting my peace living here. 

The management company won’t shift at all and keep saying I don’t have the option of not having my space managed. It’s my space !!!,

It’s all driving me crazy!

Once again Thankyou for any help. 

Redx

Shame on them !!

One of the problems so far is that I don't think that you did a counter claim to this previous saga So it never reached court , so no judgment for either side 

At the moment I would say that yes you should go through the rigmarole yet again , but knowing the words and templates etc

I can only think that you may need to think about a court claim of your own against the management company plus the parking company , For harassment and data protection issues , so putting the boot on the other foot if the PPC fail to cancel

I believe that in the past we told you about UKPC versus Davey , success , some 11 years ago , where he got an injunction or similar ?  Google it if unsure

And await other comments too , don't be hasty , yet

Redx

Here it is from 9  years ago , UKPC Vs Davey success !!

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

You have the right to peaceful enjoyment

Snakes_Belly

Sorry to hear that this has happened again.

"The management company won’t shift at all and keep saying I don’t have the option of not having my space managed. It’s my space !!!,"

You are the landowner so I cannot see how you can be sued for parking on your own land.

From memory the contract with the management company is for maintenance of the car park meaning keeping it tidy and the white lines painted etc, not employing a PPC to manage the car park. I am sure that this was established in your original defence.

The MC could do a white list. 

I did think at the time that although it was a weight off your mind when they discontinued that there were still issues that had not really been resolved.

It would have been far better for the MC to install electronic gates even if the management charges increased. Have you seen the accounts to see how much money is in the sinking fund?

Regarding the new PCN I agree that you need to counterclaim. It will mean that they have to defend the counterclaim and cannot discontinue.  In my opinion and I am not legally trained you need a court ruling on this. 


 

   

Castle

Snakes_Belly said:

Regarding the new PCN I agree that you need to counterclaim. It will mean that they have to defend the counterclaim and cannot discontinue.  In my opinion and I am not legally trained you need a court ruling on this. 



   

Nor am I; but, the other option is to issue a claim now for damages for Trespass and breach of the GDPR/DPA.

Snakes_Belly

I see the crux of the issue as what the agreement with the management company actually says in regard to how the car park is maintained. 

It is given that there has to be some maintainance of the car park but does that stretch to employing a PPC?  It did not appear so in the agreement.

Does the fact that the car parking spaces in question are freehold and therefore this trumps the agreement with the management company? 

It would be simpler to place the car reg numbers of the freeholders onto a white list.

I would push for electronic gates especially if the MC have built up funds. Then the PPC could be dispensed with. It would also add value to the properties.   

Fruitcake

I shall be the devil's advocate here.
If a vehicle is parked outside of a marked bay, then some of it is on another person's land. Theoretically therefore (part of) the vehicle was not parked in their own space, hence the PCN.
It would therefore depend on who owned the piece of land where part of the car was parked, and what demised rights the PPC had to issue a PCN for parking on the "neighbour's" land.
I think it would be difficult to make a claim for trespass etcetera in this instance unless the neighbouring space was also demised to the OP.

However, if the lease/AST/freehold of the piece of land where part of the car was parked does not include anything about a PPC/PCNs/court etcetera, then the PPC will have no rights to operate there.