Money Claim Online received

MpowerM3

Lease page on parking. 

Coupon-mad

 When he purchased the apartment and when there was no PPC on site, the Property Information Form he got back on the sale mentions this specifically. I guess this means little against the lease, but it is the basis on which the landlord bought and rented the place.

 That's really important evidence IMHO, because a tenant is granted the rights that the landlord enjoys.

I spoke to the estate management office today, they confirmed not ask residents regarding bringing a PPC on site, but the girl I spoke to tried to claim they didn't need to.  Her boss is going to contact me on Monday regarding this point.

You don't need more advice about that.  It's all in the link I gave you to the PCM thread.  It shows the law and how to argue it.  It wasn't just a link for you to read and move on, it was provided to inform you.

They cannot take away your landlord (and your) property rights as that is 'interfering' with his rights as leaseholder, and your rights as his tenant. 

There may even be an established easement that they've trodden all over.

Please don't come back telling us he's pointed to something that says they can do what they like for the 'reasonable running of the estate'.  Read the PCM case link.  You will know that they can't do this so don't just come back quoting what he said, please (if you inform yourself about this aspect of law over the weekend).

MpowerM3

Coupon-mad said:

MpowerM3 said:

Le_Kirk said:

Go after PCM then, they seem to be there illegally or at least without a contract.

I was assuming the estate management company was acting legally to simply be able to employ them in ticketing ?
Is it a requirement to have a majority of residents approving this then ?

Wow you haven't read enough!

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1

Sorry, you are correct. The Covid situation means I'm unsure if I have a job in the next 2 weeks and been focusing on sorting this as a priority. 

Coupon-mad

OK - I can understand that and am really sorry to hear it - but see my edit above and this is why I gave you the PCM link.  A good short summary thread.

D_P_Dance

Have you read this?

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Umkomaas

D_P_Dance said:

Have you read this?

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Hopefully he read it when you gave him the same link just 3 days ago! 😩

D_P_Dance

Perhaps, perhaps not,  that is why I asked 

MpowerM3

Hi all. I was going to await a response from the estate management company to see if they budged on the PPC, but seems with a week to go before a defence is needed, this may not happen in time. 
I wrote to them asking for an explanation of how a PPC was invited on site and how this they feel they this could be imposed as a change of lease. They've acknowledged the inquiry, but yet to respond fully. Same for the DVLA too. 

So my understanding is that this https://www.dropbox.com/s/hq0eacg3igzuud4/Private%20parking%20charge%20-%20abuse%20of%20process%20defence.docx?dl=0  is template defence to respond with.
With regard to the lease and the landlords letting of the flat to me on the understanding parking in the courtyard area was allowed ,as per his Property Information Form, how should I go about including this on the template ?
Thanks

KeithP

On 16th June, two weeks ago, I pointed you towards the NEWBIES thread. You obviously found it and the Defence template. Have you not read the guidance on how to customise that template Defence to fit your circumstances?

MpowerM3

I was more looking for advice on how to word it specific to my case as a renter . It seems a large chunk of this defence could be inserted in to the template defence for abuse of process ?
https://forums.moneysavingexpert.com/discussion/comment/72977032#Comment_72977032