Devere - ticket for parking in own space

ossie48

Update.
The management company have washed their hands of it and absolutely put the blame on them for not displaying the pass. I'm trying to get a copy of the lease.

In the mean time we will await  the Notice to keeper to come to her address. 

The residents association have told us residents usually just pay up as Devere won't move on it no matter what the reason.
 
The management company have advised me to appeal direct to Devere but I know whatever the circumstances they will insist she pays this scam notice so will follow the advice on here. 

Thanks for your help so far and will update when I see the lease.

Umkomaas

Thanks for your help so far and will update when I see the lease.

Come back when you do and let us know what it says, I'm sure there's plenty we can help you with. And if the ManCo think they can simply wash their hands of it, if you're up for it, you can definitely make them sweat!

Coupon-mad

I would appeal to Devere as it looks better later when she wins in court.

nosferatu1001

Always appeal in first instance. engaging is better than ignoring to a court. 
Get the lease and check what rights it grants and any obligations
If she owns the space through the lease - she is the landHOLDER - then telling devere to FRO and cease and desist is one way to do it. they dont back down from court, but a counterclaim for trespass, interference with lease, breach of DPA, harassment etc should net a grand or so. 

ossie48

I have the lease. The only parts that relate to the parking space are as follows.

1. The lease states they are allocated a specific parking space (and they give the number). 

2. It states . To comply with and make all reasonable endeavours to ensure that all persons living in or visiting the demised premises or using the parking space shall comply with any managers regulations which may be in force from time to time.

So nothing directly in the lease about displaying a parking permit, however point 2 above about complying with managers regulations. We are trying to find these 'regulations' .

nosferatu1001

A permit falls apart for them
Saying you may not park without a permit removes your demised property unless you comply with a rule. Thats not reasonable. 

ossie48

Thanks. Does 'primacy of contract' also apply. They've recently purchased the place, so the lease is bang up to date and there are no variations on it in relation to parking. 

There seems to be a difference of opinion on the thread.I'm not sure if we appeal the notice to the cowboys or simply await for the notice to keeper.  

Is it worth stirring things up with the management company and asking them about the lease. 



 

NeilCr

ossie48 said:

Thanks. Does 'primacy of contract' also apply. She's recently purchased the place, so the lease is bang up to date and there are no variations on it in relation to parking. 

There seems to be a difference of opinion on the thread.I'm not sure if we appeal the notice to the cowboys or simply await for the notice to keeper.  

Is it worth stirring things up with the management company and asking them about the lease. They employ these fraudsters and to simply brush it off in the manner they did when its a residents car their own space is beginning to anger me. Even the residents association are totally intimidated by Devere and basically said pay up- no chance . 



 

When you say Residents Association what do you mean?

Is it a RMC (Residents Management  Company) which owns the freehold of the development. If so, it is quite likely that the contract with DeVere is with them. Or is it a Residents Association that acts more as a sounding board/opinion sharer with the actual freeholder and the Managing Agent

It's worth remembering that the Managing Agent is employed by whoever the freeholder is and will be following their instructions. 

ossie48

Its simply a residents association who meet every month to discuss trivial things.  Its quite a big complex with a fair few retired folk . I had a quick chat with the secretary to sound them out. They said residents who previously fell foul of Devere and permits had no luck and usually ended up paying them.

NeilCr

ossie48 said:

Its simply a residents association who meet every month to discuss trivial things.  Its quite a big complex with a fair few retired folk . I had a quick chat with the secretary to sound them out. They said residents who previously fell foul of Devere and permits had no luck and usually ended up paying them.

Who owns  the freehold of the development?

They employ the MA and are, probably, the signatory to the contract with DeVere. An approach to them may be the way to go next.