NTK from Private Road unloading - POPLA decisions now in.

ParkerstNick

Left side of road:

ParkerstNick

Landowner authority.

From looking at the title deeds of just one unit, it appears that each of the 9 units on the estate owns the road in front of their respective units. So there seem to be 9 contiguous parcels of land with different owners (although a couple may be landowners of multiple units).

So either all the individual landowners have contracted individually with the PPC, or there may be a management company that the PPC contract has been arranged through. All the managemnet companies that I deal with are set up to own the common areas of the estate, but this is not the case here, so presumably the PPC will have to show either that all the unitholders have instructed them, or that all the individual unitholders have indeed instructed any management company. If any unitholders are not involved in the arrangement, the PPC will presumably lose as it cannot show on whose land any car has stopped. The camera only shows entrance and exit to/from the whole estate.

Of the 9 units, only 1 has the 'private land' sign. Of the others, 4 have ECP signs, 4 have none. Again the PPC cannot show on which unit any car stops, so its case must be compromised by this?

Also, the ECP signage refers to a 'car park', when there is none, and 'marked bays', when there are none.

ParkerstNick

Landowner authority.

Looking a bit more at what's available at the Land Registry, it looks like:

Unit 1, 2. Single Freehold title, from which Unit 2 Leasehold title
Unit 3 F/H and L/H
Unit 4 F/H and L/H
Unit 5 F/H only
Units 6-9 Single F/H title, from which Units 7-9 each L/H titles.

So it looks like 5 different Freeholders, though it could be less and I will only know by shelling out £3 a time on each Title Deed. And up to 9 different Leaseholders.

From whom should the PCC authority come - freeholder, leaseholder, either or both?

Coupon-mad

Either would be OK.

ParkerstNick

So the PPC would need to be able to provide written authority from either FH or LH owner for every one of the 9 units, as they can't know on whose land any car has stopped?

Umkomaas

ParkerstNick said:

So the PPC would need to be able to provide written authority from either FH or LH owner for every one of the 9 units, as they can't know on whose land any car has stopped?

They'll have been contracted by a management agent/company and they'll argue that as justification. You'll need to counter with the argument you've propounded above. A Judge will determine. 

ParkerstNick

Umkomaas said:

They'll have been contracted by a management agent/company and they'll argue that as justification. You'll need to counter with the argument you've propounded above. A Judge will determine. 

And at what stage do the PPC have to disclose to me who they have been contracted by?

Coupon-mad

At WS stage.

D_P_Dance

That tiny red script on a yellow background is almost unreadable.  Complain to your MP and read this,

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

ParkerstNick

D_P_Dance said:

That tiny red script on a yellow background is almost unreadable.

Yes, when I first took and reviewed the photos I didn't actually realise there was any additional print there.

But, if claiming that it is 'forbidding' signage isn't it counter-productive to claim illegibility? If anything, wouldn't you want to point out that the whole 'forbidding' thing was being communicated loud and clear?

Although I can't see any PPC arguing 'our signs aren't actually forbidding as they're too illegible'