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Allocated parking space- five tickets issued to resident

123468

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Generally speaking, save for very few cases, lease documents will contain clauses that allow for the implementation of parking controls – whether explicitly or by means of authorising a management company to take such decisions. 

    Why don't you ask the PPC to expand on that "generally speaking" statement and get them to specifically state in your particular case that your lease does allow for the implementation of parking controls?

    Generally speaking a company taking on a contract, as this PPC has, would check the leases to confirm whether they actually had the authority to implement parking controls.

    Enough of this generally speaking malarkey.
  • I did annoyingly just find this clause related to complying with regulations, which does mention use of parking spaces as an example. No third parties etc but it does seem like this is exactly what would back them up in terms of parking controls?

    I have a phone appointment with the lease advisory service on Monday so I will ask them about this directly.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But what are reasonable regulations?  Is it reasonable to want £100 because a sticker has become unstuck?  Is it reasonable for a resident to be harassed threatened and taken to court.  Surely such behaviou affects the residents "qiuiet enjoument".

    Also, as a professional landlord it is my opinion that the presence of these companies make letting more difficult, and adversely affects resale values.   
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 25,363 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Agreed; it is hard to see how the freeholder/owner/landlord/management company can do anything under 4.2 that does not interfere with 5.1.
  • Jenni_D
    Jenni_D Posts: 5,477 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 4 November 2021 at 1:51PM
    Good spot. So even if clause 4.2 allows the landlord/MA to appoint a PPC, and it is a lawful act, it would still be in breach of clause 5.1 ... and Quiet Enjoyment would likely be top trump. :) 
    Jenni x
  • amvo33
    amvo33 Posts: 14 Forumite
    10 Posts
    I have a phone appointment with the lease advisory service on Monday so I will ask them about this directly.

    They were really good when I contacted them, it’s not easy deciphering a lease particularly when the parking enforcement people are trying their hardest to give you misleading responses and info, and you get no support from the managing agent. They will be able to confirm your rights as per your lease.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they persist consider a counter claim for infringement of leasehold rights.   
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 156,318 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't send that whole lease.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I thought only an authority can make up "regulations".
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