Can a management company enforce parking on freehold properties

casslibbie01

We are the freeholder house owner. The estate is managed by DJC management and they have notified all residents that they have instructed parking service CPM to begin enforcing Parking restrictions on all parking areas.

This is something that was mentioned earlier this year and I ask for conformation is this includes freehold property as there parking is included in there deed/boundaries, but I never got a reply.

Since then a new manager has taken over the development and a notification dating 26/11/21 now states the process has started and the parking company is due to make contact with resident. (copied from the management app) below:

“CPM have been instructed and their correspondence in relation to parking enforcement will follow shortly. With this, I would like to remind all residents the visitors bays will be monitored also so excessive use of these will be noted and further action will be taken. Residents are reminded these spaces are for casual use only and not parking for additional vehicles on a permanent basis”

It’s unclear from that message if this effects leaseholders only with allocated parking, but I’ve no response to my enquires and now plan to call the manger for the development on Monday. 

My question is, as a freeholder, with 2 parking spaces included in the deeds/boundaries, is this something they can enforce? Should I need to have a permit to park on my own driveway. The problems they have are towards the front of the estate which cars park half way on the curb.

Any advice you could provide would be greatly appreciated

D_P_Dance

Read these

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

https://forums.moneysavingexpert.com/discussion/5927955/my-management-company-wants-to-bring-in-cpm/p1

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Le_Kirk

When you contact them, ask WHEN not if, the consultation took place and what date and what was the outcome of the vote in line with the Landlord and Tenant Act for which @D_P_Dance has provided some links.  Here is the act: -
https://www.legislation.gov.uk/ukpga/1987/31/contents

Fruitcake

Do everything in writing, and keep a diary.

I suggest you write and tell the MA or whoever has proposed to allow a PPC to infest the development that you withdraw any implied right of access to your demised parking spaces numbers ... at address X by any person or persons not expressly mentioned in your freehold agreement. You do not agree to your demised property being monitored or used by an unregulated private parking company to operate a for profit business.
You opt out of any and all parking schemes on your demised/freehold property, and prohibit the issuing of parking charges to vehicles parked in your demised freehold spaces, without first confirming with the freeholder that the vehicle did not have permission to be there.

Other words and phrases to put this across are available. What I'm saying is, do your research, then get your retaliation in first. 

Get other residents involved and warn them of the dire consequences that we see a hundred times a day on this forum, with people getting court claims and CCJs for parking on their own property.
The problem could easily be resolved by putting resident' vehicles on an exempt whitelist, and the ability for PCNs to be cancelled if issued in error to a resident or visitor.

If not, you find the site boycotted by delivery drivers, taxis, NHS staff, carers etcetera.


The relevant part of the L & T Act mentioned by Le_Kirk is Part IV, para 37.

Snakes_Belly

I would have a read of the thread by the poster sadwithoutmynelson. It will give you a good idea of the issues that a freeholder may encounter when a PPC is introduced. 

It may also an idea to take a look at your conveyance paperwork and note what the covenant states. 

It's better to avoid the introduction of a PPC. It sounds as if there has been some issues but it's the residents that get caught up in the crossfire. It would be better to have electronic gates. If unavoidable then insist on a white list so no resident gets ticketed.

Half_way

Here it is: https://forums.moneysavingexpert.com/discussion/6081668/court-form-received-help-requested/p1

You must be pro-active in dealing with this and saying NO

is this the so called parking company : https://www.uk-carparkmanagement.co.uk/

What rights do you have for the use of visitor bays?

is there anything that says that you agree to pay a third party ?

If it is CPM and/or its an IPC outfit then you must read this, and get an understanding of the cosy relationship between Gladstone's, Hurley, Davis, the IPc and the IAS https://forums.moneysavingexpert.com/discussion/6315200/gladstones-but-which-one/p1

 and then use it to complain to the management company - who are supposed to be working for you, but by inviting a PPC to operate they will be working against you and will cost you money and ( at least) time .

Another thing you need to do is get other residents on side

I get the feeling that the managemetn company has already signed the deal with the so called parking company and they will try and steam roll this through, if they have then the management company's issues are between them and CPM and not you.

 One key word to use is unreasonable , again use the links between IPC/IAS/Gladstones to help you - and if you, your friends/family etc so much as receive a so called parking charge notice for the use of your own property come down hard on the management company

Coupon-mad

Don't just phone.

Put in WRITING what your rights are and tell them you opt out your bays and no ex clamper is entitled to trespass in your bays.

Tell them (not ask) that you WILL NOT be displaying a permit and you REQUIRE the management firm to confirm they have told their chosen ex-clamper firm not to set foot in your bays, ever.  And that if any PCN is issued to your cars or those of your visitors you will hold the management firm liable for any loss and compensation for harassment and misuse of your DVLA data by their agent.

How woll all this affect your visitors too? 

Ask the MA to explain why they've breached the L&T Act and tell them that this is so intrusive on freeholder and leaseholder rights that they had to obtain a consensus before imposing this upon the owners, and you would not have agreed to the likes of UKCPM anywhere near your cars.

Tell them you challenge this imposition of an horrific derogation from grant and you require them to stop this NOW whilst you speak to other leasehold and freehold owners, and to give the MA time to carry out the required Survey of all owners because this interferes with leasehold and freehold parking rights and easements that mean those residents have primacy of contract.

TELL them to cover any signs with black bags until this is resolved, or better still, remove UKCPM immediately and do this properly.