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Legal Claim for damages against Parking Control Management (UK) Ltd

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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Wee still do not know, is the space on your  deeds or not?  Until you answer this we are in the dark. 
    You never know how far you can go until you go too far.
  • parkingticketsfightbacksas
    parkingticketsfightbacksas Posts: 18 Forumite
    10 Posts First Anniversary
    edited 14 April 2020 at 11:10PM
    Half_way said:
    Who hired the parking company? they are jointly and severally liable and must also be bought into this, not least to show that you have / are taking all reasonable steps to avoid court action
    The Management Company had appointed them but there was a case of double standards as we were excluded from voting on the parking enforcement when they were making the decision and me and several residents were excluded to vote. This is why I phoned the parking company when I first saw the parking signs and was surprised
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    me and several residents were excluded to vote.
    You must be able to report the Managing Agents to some regulator for that, if they deliberately excluded you and others and if you are all leaseholders with rights under the Landlord & Tenact Act to be included in the consultation and consensus.
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  • Half_way said:
    Who hired the parking company? they are jointly and severally liable and must also be bought into this, not least to show that you have / are taking all reasonable steps to avoid court action
    The Management Company had appointed them but there was a case of double standards as we were excluded from voting on the parking enforcement when they were making the decision and me and several residents were excluded to vote. This is why I phoned the parking company when I first saw the parking signs and was surprised
    Definitely write a letter/email to the management company asking what grounds it had to exclude you and let it know the harassment you are having because of its actions.  It would be very helpful to know what the response is.  I brought a claim 2 years ago against a management company which was very effective so that would be an option  - but you need to give the MC an opportunity to explain first - and remember to try to remain calm and polite as if you do make a claim, a judge will see everything that you write.  The parking company may have some defence if it can prove it was acting with authority (hope that is not the case obviously). 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 April 2020 at 10:06AM
    Sorry, I am still in the dark. Despite several requests, we still do not know whether you own this space, i.e. it is om your deeds,  or is part of the communal area. and is allocated to you.  This makes a huge difference in what our advice will be.
    You never know how far you can go until you go too far.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 April 2020 at 10:11AM
    You must be able to report the Managing Agents to some regulator

    Most MAs are members or ARMA

    https://arma.org.uk/




    You never know how far you can go until you go too far.
  • parkingticketsfightbacksas
    parkingticketsfightbacksas Posts: 18 Forumite
    10 Posts First Anniversary
    edited 16 April 2020 at 3:34AM
    D_P_Dance said:
    Wee still do not know, is the space on your  deeds or not?  Until you answer this we are in the dark. 
    The allocated parking space was paid £15k additional and is shown on the title plan which is at land registry details and is registered on my name.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Oh dear, if they take you to court the are like to struggle, have you seen this?

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

    Familarise yourself with counter claims.


    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    D_P_Dance said:
    Oh dear, if they take you to court the are like to struggle, have you seen this?

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

    Familarise yourself with counter claims.


    Wakey wakey - he's suing them, not them him!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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