Court form received help requested

Snakes_Belly

https://forums.moneysavingexpert.com/discussion/comment/77836120/#Comment_77836120

This must be the covenant.

Le_Kirk

Doh!  Ignore my post then - oh, you have!

Snakes_Belly

Has the new PCN got to the LBC (Letter Before Claim) stage yet? 

Fruitcake

Ah, I remember that agreement/covenant. It refers mostly to the "shared driveway", which doesn't include the OP's land. Any parts that may refer to the OP's land make no mention of unregulated PPCs, PCNs, paying a PPC, or court.

sadwithoutmynelson

Snakes_Belly said:

Has the new PCN got to the LBC (Letter Before Claim) stage yet? 

Hi. No it only came in the post the da before yesterday which is the first pcn. 

Snakes_Belly

sadwithoutmynelson said:

Snakes_Belly said:

Has the new PCN got to the LBC (Letter Before Claim) stage yet? 

Hi. No it only came in the post the da before yesterday which is the first pcn. 

So you can appeal to the PPC at the moment?  

I think that I would follow the due process with a very robust approach and I would make it very clear that I would be counter claiming at every stage of the process. 

The PPC pulled the last claim at the point that the bundles were due to be combined so you had done all the work. You never saw their WS.

If you don't follow the process you run the risk of the PPC saying "we could have sorted this out if you had appealed". 

I would still chip away at the MC and I think that I would buy the posts as suggested by some of the other forum members. That will stop random people parking there. It won't stop the problem of when you park over the white line even though you own both bays.

These covenants are a pain. It is so important to read all the paperwork when buying a modern house or flat these days.

 I own a house with a covenant and the people that I bought the house from were not even aware of it's existence. I had to do my own research and I nearly pulled out of the sale as a result of the covenant.            

sadwithoutmynelson

Snakes_Belly said:

sadwithoutmynelson said:

Snakes_Belly said:

Has the new PCN got to the LBC (Letter Before Claim) stage yet? 

Hi. No it only came in the post the da before yesterday which is the first pcn. 

So you can appeal to the PPC at the moment?  

I think that I would follow the due process with a very robust approach and I would make it very clear that I would be counter claiming at every stage of the process. 

The PPC pulled the last claim at the point that the bundles were due to be combined so you had done all the work. You never saw their WS.

If you don't follow the process you run the risk of the PPC saying "we could have sorted this out if you had appealed". 

I would still chip away at the MC and I think that I would buy the posts as suggested by some of the other forum members. That will stop random people parking there. It won't stop the problem of when you park over the white line even though you own both bays.

These covenants are a pain. It is so important to read all the paperwork when buying a modern house or flat these days.

 I own a house with a covenant and the people that I bought the house from were not even aware of it's existence. I had to do my own research and I nearly pulled out of the sale as a result of the covenant.            

I will go back and read through the appeals process. Thankyou

And also I would never buy a new build like this again as much as I love my house. The initial house I'd chosen has parking and a garage but was going to be a long wait due to I changing to a show home. So I changed late on to this as it had fallen through for someone. As a first time buyer everything was amazing for me. I hve lived here over 6 years and ukcpm have been around here for just over 2 years. 

I preferred the peace before thats for sure. Thank you 

Snakes_Belly

I would be tempted to do the IAS appeal if it comes to that. I don't know what the others think to this but it would be interesting to see their response to you as landowner of the parking spaces.

Take it a stage at a time and don't let it stress you out.     

Snakes_Belly

https://www.uk-carparkmanagement.co.uk/services

The PPC that manages the car park mentions three services. There is no mention of "Parking Enforcement"  in the covenant. There is reference to management of the "shared driveway" but your parking spaces are not part of a shared driveway. Parking management is not the same as parking enforcement.

Snakes_Belly

Looking at the definition of a shared driveway I think that the covenant would include your property as part of the shared driveway should the car park need to be resurfaced or if it was flooding or pot holed etc.

Where it seems to have fallen down is with the MC who in my opinion (I don't have any legal training) have overstepped the mark by introducing a parking enforcement company. I don't think that the covenant gives them the powers to do that. 

The PPC are doing what they have been asked to do by the MC. The MC could have sorted this for you without you having all this hassle. They are at fault for not managing the situation properly.