Management agent appointing PPC to patrol in garage area

nosferatu1001

Restricting vehicle access to teh highway is an offence, and that isnt likely to be considered highway?
Pretty sure POFA precisely prevents you from doing that Fruitcake. Onl,y certain authorised partries can remove vehicles.

What you can do is "accidentally" let down their tyres, each and every time theyre there, for example
But I would certainly be complaining to the MA as they are blocking YOUR access, and they are a nuisance. You will start charging them 

Castle

Restricting the movement of a vehicle on private land is an offence under Section 54(1)(b) of POFA;-

https://www.legislation.gov.uk/ukpga/2012/9/section/54/enacted

nosferatu1001

Hence accidentally....

Fruitcake

So a complaint should be made with photo evidence to the scammers and their ATA every time access to someone's garage is prevented, as well as a complaint to the MA.
Each and every time.

OP, have you checked with the council planning department to see if the scammers have obtained advertising consent for their signs? Not having it is a criminal offence, but only the council can pursue it.
Complaints to the MA and council should be made if this is the case.

Personally, if someone stopped me getting in or out of my garage, I wouldn't hesitate to block them in with my car and let call the police to deal with it.

Coupon-mad

Yes you need to be proactive to get this blight removed - these firms can drive down resale and rental prices if word gets out locally.  I would certainly never, ever, tell any friend or relative to even look at a flat where OPS infest.  You can't live in peace there.

By the way I have just noticed that your first post described an 'easement by prescription' (more than 20 years allowed):

the residents have accepted (at least since 1995) that the end-corner garage users (5 of them) can park in front of their garage as these space are against the wall and don’t obstruct anyone at all, more importantly it frees up the very limited street parking space for other cars too. In the last 15 years, we also tolerate tradesman and short term visitor park outside visitor spaces so long their contact/flat number is displayed

cybervic

We finally received a reply from MA. It's a lengthy reply that dismisses our rejection and legal position. The residents are actively discussing RTM process now. There are internal debates if we should pursuit the battle of getting an injunction to stop OPS/PPC, mainly because we don't know how strong our case is. 

The MA is saying that we (the residents) have been warned about introduction of PPC in 2019 and 2020 when they sent a letter telling us not to park inappropriately. Also the MA claimed a email was sent to chairman of the residents committee and received no reply (The chairman missed it whilst being away). Both claims were true, but the so-called "warning" in the letter was merely a sentence mentioning possible parking enforcement scheme, and that the email to chairman of committee certainly isn't sufficient for major change like this. At least that's what most residents think.

The MA also dismiss our legal position as follows:

1. The lease does not need to mention the parking enforcement scheme.  The scheme has been implemented to promote adherence to the terms of the lease.
2. Kettel V Bloomfold 2012 – this case involved the Freeholder wishing to build on the leaseholders existing parking bays. The case is not relevant to the parking scheme introduced at XXX court.  You maintain your rights to be able to park in your garages.
3. Saeed v Plustrade Ltd 2001 –  this case involved the Freeholder wishing to impose a parking scheme which would result in reducing the number of parking spaces from 13 to 4.  This case is not relevant to the parking scheme introduced at XXX court. 
4. Pace v Mr N 2016 and Link Parking v Ms P 2016 – these cases involved the requirement of a permit to park for leaseholders to be able to park in their parking bays.  The scheme in place at your site does not require a permit for leaseholders to park in their parking spaces or garages.  .  Your vehicles are exempt by virtue of notifying registration numbers to PS&B or OPS.  Visitors are required to display a permit to park under the current scheme.   The cases stated apply to leaseholders rather than visitors so the case law is not relevant. 
5. You have stated that the Freeholder (Lessor) is in violation of Section 37, Landlord & Tenant Act 1987.  As you are aware Section 37 relates to variations of the leases.  The introduction of a parking enforcement scheme does not require the Freeholder to invoke a variation of the leases.   The lease provides "the Lessor with the means where it may be deemed necessary from time to time to introduce rules and regulations for the management, care or cleanliness of the building and for securing the safety comfort and convenience of all occupiers and visitors.”   The terms indicated on the signs posted at the property by OPS represent the introduction of such regulations. 

I feel the case law provided are clearly relevant because the reasonings established in each case provides a solid basis of our legal position. It seems the MA is not reading the case in detail and just took the case too "literally." 

Have I quoted the wrong case? 

Le_Kirk

BUT they still have to show you the consultation and vote of the residents/owners/freeholders/leaseholders as per the Landlord & Tenant Act.

D_P_Dance

Have you read this?

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

bargepole

As long as two-thirds of the leaseholders or tenants are happy to do so, you have the right to kick out the MA, and self-manage the property under the Right To Manage scheme mandated by the Common and Leasehold Reform Act 2002.

Details of how to go about it here: Right to Manage - The Leasehold Advisory Service (lease-advice.org)

Maybe just a letter to the MA, saying ''get rid of OPS or you will be gone'', might do the trick.

Fruitcake

D_P_Dance said:

Have you read this?

https://forums.moneysavingexpert.com/discussion/6244173/management-agent-appointing-ppc-to-patrol-in-garage-area/p1

Er, why are you posting a link to ... this thread we are on now?