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

NeilCr

mikestevenyoungsas said:

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.

So

For clarity. You own your property. Yes. 

Was the transaction for the parking space separate to the purchase of the property? Is the car park part of the estate or separately owned?  What does your lease/purchase documents say about the parking space. I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

zhonguonuren

 I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

In that scenario, you would expect the management company to give you appropriate written notice - not simply let a PCN be issued without informing you where you must now park.  

NeilCr

zhonguonuren said:

 I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

In that scenario, you would expect the management company to give you appropriate written notice - not simply let a PCN be issued without informing you where you must now park.  

I know that (director of ManCo ). Just making the point that the text is the important factor in the documents 

I am  trying to ascertain exactly what the situation is with the OP. It's quite hard to get a clear picture of the set up - in particular why they weren't allowed to vote

nosferatu1001

Yep, sounds like the vote exclusion was unlawful. They're a true leaseholder. 

D_P_Dance

If there is an MC can you not raise this at the next AGM?

parkingticketsfightbacksas

D_P_Dance said:

If there is an MC can you not raise this at the next AGM?

There is currently a case of double standards at the moment as there is a steering group (only 2-3 persons) but there had been rules set up in a way to block residents eg like myself and many other residents to vote for parking enforcement or not 

nosferatu1001

They cannot do that
parking enforcement requires a change in lease, which requires a consultation. No leaseholder can be excluded from that. It's criminal to do so. 

parkingticketsfightbacksas

nosferatu1001 said:

Yep, sounds like the vote exclusion was unlawful. They're a true leaseholder. 

NeilCr said:

zhonguonuren said:

 I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

In that scenario, you would expect the management company to give you appropriate written notice - not simply let a PCN be issued without informing you where you must now park.  

I know that (director of ManCo ). Just making the point that the text is the important factor in the documents 

I am  trying to ascertain exactly what the situation is with the OP. It's quite hard to get a clear picture of the set up - in particular why they weren't allowed to vote

NeilCr said:

zhonguonuren said:

 I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

In that scenario, you would expect the management company to give you appropriate written notice - not simply let a PCN be issued without informing you where you must now park.  

I know that (director of ManCo ). Just making the point that the text is the important factor in the documents 

I am  trying to ascertain exactly what the situation is with the OP. It's quite hard to get a clear picture of the set up - in particular why they weren't allowed to vote

NeilCr said:

zhonguonuren said:

 I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

In that scenario, you would expect the management company to give you appropriate written notice - not simply let a PCN be issued without informing you where you must now park.  

I know that (director of ManCo ). Just making the point that the text is the important factor in the documents 

I am  trying to ascertain exactly what the situation is with the OP. It's quite hard to get a clear picture of the set up - in particular why they weren't allowed to vote

NeilCr said:

mikestevenyoungsas said:

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.

So

For clarity. You own your property. Yes. 

Was the transaction for the parking space separate to the purchase of the property? Is the car park part of the estate or separately owned?  What does your lease/purchase documents say about the parking space. I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

NeilCr said:

mikestevenyoungsas said:

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.

So

For clarity. You own your property. Yes. 

Was the transaction for the parking space separate to the purchase of the property? Is the car park part of the estate or separately owned?  What does your lease/purchase documents say about the parking space. I have an outlined parking space on my documents but the text gives the ManCo the ability to change them around, if necessary

I bought the allocated parking space with the property and all is on the title plan and marked where it should be. The head lease was checked and there is no requirement to have permits to park and especially in my own allocated parking space and I always lived there and parked there for the last 3 years.

parkingticketsfightbacksas

nosferatu1001 said:

They cannot do that
parking enforcement requires a change in lease, which requires a consultation. No leaseholder can be excluded from that. It's criminal to do so. 

What I was told not all residents were told to vote and obviously me and some residents were excluded from voting and this is why when I first saw the parking signs on I phoned the parking company the same day and said I never agreed for any parking enforcement in my own allocated bay. I managed to speak to one resident that was told to vote and he did oppose the parking enforcement and he was told he was opted out and does not need to display a parking permit. There is a case of double standards by the management company that is also being looked at.

nosferatu1001

Not talking about the same thing here. 

They just did a simple vote 
that's not at all what I'm talking about as being required under the l&ta
which is a formal consultation. 

The mc need a letter before action against them warning them of an injunction and damages for tortious interference with your lease, failing to meet their obligations under the l&ta etc