OneParkingSolution claim with DCB Legal | Leasehold assigned parking space

BreadedScampi

Jenni_D said:

Does your lease mention parking permits etc.?

It doesn't. I've added the two extracts from my lease that mention the parking space and there's no mention anywhere else of the scheme, nothing about parking permits or having to pay any charges/fines. It mentions "subject to Estate regulations" but what these are I have no clue.

BreadedScampi

I've found an email response from 2018 which might be of interest. I received this after I asked for proof that there was consensus for the lease to be altered when reintroducing parking enforcement.

Dear BreadedScampi

The car park and the spaces within it are not part of your lease and there has been no change or variation to your lease. 

They remain the property of the freeholder and not the lessees and are managed for the Freeholder by the Management Company.

What you have within your lease is the right to park in a space determined by the freeholder, which can be changed to another space at anytime.  Furthermore within the covenants allowing you the right to park is the stipulation that you adhere to any Estate regulations in force or brought into force.

This is what the parking enforcement is.  It is an Estate regulation and no consolation was required under any legislation.
I would add that [estate] has had parking enforcement for many years, it just happens that the last company who did it, did not renew the contract and stopped coming, we simply reinstated it with a permit system other than a report system which was in place before.

I trust this sufficiently answers your query.

Half_way

Any regulations, or any reasonable regulations??

imposing an an unregulated parking company is far from reasonable.

 there is something here that you could drag the managemetn company through kicking and screaming - and it looks like they need a good kicking

 you can also take them to task on the carefully selected side of things, there is plenty of evidence about the antics of this company on here, and others will be able to add to that, as well as the fact the the British parking association are nothing more than a private trade club who make up their own rules for their own members

Coupon-mad

I’d have moved out (not joking).  Introducing OPS blights estates and peace of mind.

Johnersh

Without reviewing your entire lease, no-one csn help with a response to that.

However there are usually notice provisions (how you should be notified and time periods) and clauses relating to reasonable enjoyment.

It could be argued that ticketing you in your own space impacts your enjoyment of the property and reasonable management does not include permission to permit third parties to levy charges without limitation. The parking company could equally run "whitelists" of resident vehicles without the need for permits at all. 

Half_way

As Johnresh says - you will probably have to post your entire lease.

 My general suspicion is that you will be in the clear, however the ins and outs as how you go about showing this depend upon the lease, but in theory you should be able to take the management company and the people there to task over this.

 OPS have a certain reputation in these parts- and others, however i find it hard to believe that a management company would have taken any  care in selecting any private parking company to "enforce"  if the there was any real care then the parking company/management company should have intervened to stop this as soon as it became apparent  that the vehicle had a legitimate reason to be parked on that site, regardless of the display of any permit.

The attitude of the managemetn company, whoa re supposed to be working for the residents needs taking to task, as do the individuals within that managemetn company if it found that they are at fault (GDPR)

But as Johnresh has said without seeing the lease its hard to offer pointed advice as this will hang on the exact wording and phrases used, which may seem trivial or not even relevant but could be key.

 Terms such as fines or penalties being used are a big no no for example - thats why its important not to call theme fines or penalties when dealing with hire companies/lease companies/managemetn companies and so on, and why people are often told that these are not fines

So if you can post the lease, if you cant let us know why you cant and advice will flow from there.

 with a case on the small claims track looming these things are critical with not only the court case, but in how to take things forward to a resolution

BreadedScampi

Edit: [removed links to my lease as no longer relevant to this thread]

BreadedScampi

I'd also like to clarify that it was the previous MA who brought OPS in. The new MA were appointed last year by the leaseholders.

KeithP

My antivirus software got excited upon seeing that user.fm link...

BreadedScampi

KeithP said:

My antivirus software got excited upon seeing that user.fm link...

Fastmail is a web hosting / email provider so I can see why people might abuse its easy hosting features. If Avast isn't complaining about the PDF file itself I wouldn't worry (unless you don't trust me of course)