NEW ADDRESS HAS JUST INTRODUCED PARKING MANAGEMENT

NeilCr

tom_cahill said:

Fruitcake said:

I do not see how you can be a party to a contract if you have never had the opportunity to see the contract. This all seems extremely unreasonable to me, and the MA are leaving themselves open to a merde storm of complaints from residents.

Your lease is being varied without your agreement but you are not allowed to see the variation.

If you end up with a court claim you will require a member of the MA to attend court as a witness, at which point the contract must be provided to the defendant. It would save time and trouble for this contract to be shown now as it could avoid the MA from being involved in litigation, which nobody wants.

When are you moving?

Thanks for your reply. I have already moved in and signed the AST agreement. There is a fundamental contradiction here for me. The MA assure me they have the right to 'rescind tickets' but PCM state in their letter to residents: 'Your management agent has no jurisdiction over enforced vehicles and under no circumstances will they act as mediators in any cases concerning enforcement action on any vehicles' It stinks to high heaven.

Have you got that assurance from the MA in writing?

If not - it might be best to write to them along the lines of

"I am contacting you to ask you for confirmation, in writing, that you have the right to rescind tickets issued by PCM. You stated  this in our telephone conversation of.....

If I don't hear from you to the contrary within 14 days I will assume this is the case and will use this fact in any legal action in the future"

Good luck. I do agree it sucks..

tom_cahill

NeilCr said:

tom_cahill said:

Fruitcake said:

I do not see how you can be a party to a contract if you have never had the opportunity to see the contract. This all seems extremely unreasonable to me, and the MA are leaving themselves open to a merde storm of complaints from residents.

Your lease is being varied without your agreement but you are not allowed to see the variation.

If you end up with a court claim you will require a member of the MA to attend court as a witness, at which point the contract must be provided to the defendant. It would save time and trouble for this contract to be shown now as it could avoid the MA from being involved in litigation, which nobody wants.

When are you moving?

Thanks for your reply. I have already moved in and signed the AST agreement. There is a fundamental contradiction here for me. The MA assure me they have the right to 'rescind tickets' but PCM state in their letter to residents: 'Your management agent has no jurisdiction over enforced vehicles and under no circumstances will they act as mediators in any cases concerning enforcement action on any vehicles' It stinks to high heaven.

Have you got that assurance from the MA in writing?

If not - it might be best to write to them along the lines of

"I am contacting you to ask you for confirmation, in writing, that you have the right to rescind tickets issued by PCM. You stated  this in our telephone conversation of.....

If I don't hear from you to the contrary within 14 days I will assume this is the case and will use this fact in any legal action in the future"

Good luck. I do agree it sucks..

I have this in an email from the MA: "The landlord has stressed that your email is a valid concern, but I must reassure you that we have the right to rescind tickets issued by PMC" I assume the fact he's typed PMC instead of PCM matters here?

nosferatu1001

No, it doesnt matter, as the construction is what matters. 

Coupon-mad

This is terrible and you do need to move out.  

If not, all I can see you able to do, is get all the other tenants so worked up about this that you make absolute pains of yourselves as a group - complaining every other day about this and taking up so much time, to the extent that the owner realises their mistake and cancels the PCM contract to pacify you all.

Fruitcake

I would query this again, pointing out that the scammers have said the MA can't intervene, so which is correct as it is contradictory? The two statements are polar opposites.

From one of your earlier posts: -

The MA assure me they have the right to 'rescind tickets' but PCM state in their letter to residents: 'Your management agent has no jurisdiction over enforced vehicles and under no circumstances will they act as mediators in any cases concerning enforcement action on any vehicles'

NeilCr

Fruitcake said:

I would query this again, pointing out that the scammers have said the MA can't intervene, so which is correct?

I wondered about that

The only problem is that if you keep drawing attention to it someone might twig that there is an inconsistency between what the MA says and what PCM say. At least, now, Tom has a written assurance from the MA that they can cancel and which may be of use, later. 

Castle

AST's are subject to the Consumer Rights Act 2015; and therefore, the unfair terms schedule.

NeilCr

Castle said:

AST's are subject to the Consumer Rights Act 2015; and therefore, the unfair terms schedule.

Hi. Genuinely interested in this

Would that help in the current situation?

tom_cahill

Update:

Today every resident has received a letter from the MA stating the following:

'PCM will undertake a 3 month contract...

MA and the landlord reserve the right to rescind the PCN if we feel it inappropriate or unfair...

The welfare of our tenants is paramount...

We apologise if this has caused unnecessary stress but please note the landlord had to act on complaints from residents. If this issue arises after the contract is cancelled, we will have no option to either instruct PCM again or sell further advice from parking control companies...

I will reiterate if you are issued with a ticket you MUST contact PCM to discuss any issues'

Coupon-mad

Get everyone to say they do not recognise any contractual agreement to pay PCM anything - and will not pay any parking charges - and are relieved to hear that it is already planned to effectively sack PCM after 3 months and that they are, presumably, already on notice.  Add that the tenants would welcome a meeting - virtual or later, in person, because a parking company is not the answer and the odd thoughtless parking episode was never as huge an issue as this ill-advised inflicting of an ex-clamper upon everyone, undoubtedly is.