Parking company randomly enforcing rules on a private estate

theoretica

You call them both guest car parks and public car parks.  Are the formally called either in your deeds or in the deeds of the houses without driveways?  Because you might find if they are for guests that never included a household's own cars. 

olczu

theoretica said:

You call them both guest car parks and public car parks.  Are the formally called either in your deeds or in the deeds of the houses without driveways?  Because you might find if they are for guests that never included a household's own cars. 

Definitions

Adoptable Parking Spaces means any parking spaces within the Estate which are intended to be adopted

(...)

9. The right, pending adoption, on a "first come, first served" basis, to park in the Adoptable Parking Spaces

They are called adoptable parking spaces. I only call them guest car parks because when we moved in there was a sign saying "guest car park". There is a different definition for the parking spaces in front of the house. 

Coupon-mad

The lease gives you a right to park on a first come first served basis -  like in Saeed v Plustrade.  That can't be taken away or charged for.

olczu

Hi everyone.

So I've been in contact with a local solicitor company, they've got all the details and they will get back to me in the next few days. All is good but the trouble is that they want £300 per hour of their work and I don't think it's worth it, especially that I don't see our neighbours paying for that fee which can be significantly higher.

Is there anything else that we could do as a plan B? I don't want to let up but honestly I'm not willing paying hundreds of pounds by myself. Can our MP do something with this? We shouldn't have to pay that much money to get back the right to park we were given in the first place... 

Le_Kirk

What was wrong with the advice in the NEWBIE sticky and with the advice you've been given over the last three pages?

Half_way

Your MP will do nothing to help you directly, by all means complain - every little helps but dont expect results.

On the 16th of December I aked this

Ask Orbit why they are allowing an un regulated company to operate in their name,  as well as that they are jointly and severally liable for the actions of their agents, including any breaches of GDPR - and tell them that they must instruct their agents to cancel this so called parking charge notice(s) and see what they , Orbit come back with

What has happended since??

Wat have Orbit come back with??

keeping the pressure on the management company is important, plus if push comes to shove it will show that you do not accept Orbit unilateraly imposing an un rgulated parking company on the land, and that you oppose the scheme.

That is unless you are happy to pay up, and keep pying up, now and in the fututre

Fruitcake

You should also ask when (not if) a ballot was undertaken in accordance with section 37 of the L & T Act 1987, and what was the result. (Number/percentage of votes for and against and abstentions). Point out that this is a legal requirement and Orbit as principle are jointly liable for the actions of their agents (The parking scammers).
Then quote the relevant part of the Act.

olczu

Called Orbit few times since 29th - I was meant to be contacted back within 48hrs and nobody came back to me on multiple occasions. They are just avoiding any contact.

I told them that they broke the law in accordance with L&T act and that it states in our Land registry that we have a legal right to park on the adoptable parking spaces. The customer service agent read out a note that our property manager has put on our account and she mentioned that we were not consulted about the parking restrictions coming into place because we have a parking space in front of the and it was no applicable to us and that we can use the parking around the estate to park. "It's not their fault that we have more than 1 car" and we are meant to drive around the estate to find a parking space. People that do not have a parking space were consulted 6 months prior the parking enforcement taking place.

I literally get the same response every single time I call them, they ask me for my account and then just read the note that is attached to the account and that I will get a call back within 48hrs. There apparently is no way to contact my property manager directly or she is "out of office" all the time.........