UKCPM - pcn in my own building

Mouse007

What are "The easements as set out in clause 1 of the Lease." ?

Mouse007

jacobb89 said:

I have the original lease but it is from 60s. and difficult redact
The land is owned by a company of the building.. like xyz tower ltd... and i own share in that..
mc is just managing it

The deed of variation makes no changes the easements, I suspect it would be very unlikely that a lease from the 60s would contain parking restrictions or the right to manage such.

I suspect you have primacy of contract

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

Jenni_D

How is the original lease difficult to redact? Cover bits to be redacted using suitably-sized Post-Its then scan it. (Or photocopy it then redact the copy using Tippex/liquid paper, then scan it).

jacobb89

Mouse007 said:

jacobb89 said:

Got the pcn - stating "no parking on access roads/roadways" 

Which access road were you parked on to receive the pcn?

internal ones.. it is legal parking space since last many  years .. 

jacobb89

Mouse007 said:

What are "The easements as set out in clause 1 of the Lease." ?

i will find and add it here ... from the lease 

jacobb89

Jenni_D said:

How is the original lease difficult to redact? Cover bits to be redacted using suitably-sized Post-Its then scan it. (Or photocopy it then redact the copy using Tippex/liquid paper, then scan it).

it is scanned copy of 60s document but i will print it out and redact it

DW190

Do you have a copy of the freehold plan edged with red?  and was your car parked within the edged area.

jacobb89

DW190 said:

Do you have a copy of the freehold plan edged with red?  and was your car parked within the edged area.

the edged red is surrounding the pillar of building and car parked outside that area

jacobb89

Mouse007 said:

jacobb89 said:

I have the original lease but it is from 60s. and difficult redact
The land is owned by a company of the building.. like xyz tower ltd... and i own share in that..
mc is just managing it

The deed of variation make no changes the easements, I suspect it would be very unlikely that a lease from the 60s would contain parking restrictions or the right to manage such.

I suspect you have primacy of contract

so as i understood from that the original lease will be primary and the parking contract cannot override it at all.. is my understanding correct ? 

i will be posting the original lease in the evening after work .. 

Mouse007

jacobb89 said:

Mouse007 said:

jacobb89 said:

I have the original lease but it is from 60s. and difficult redact
The land is owned by a company of the building.. like xyz tower ltd... and i own share in that..
mc is just managing it

The deed of variation make no changes the easements, I suspect it would be very unlikely that a lease from the 60s would contain parking restrictions or the right to manage such.

I suspect you have primacy of contract

so as i understood from that the original lease will be primary and the parking contract cannot override it at all.. is my understanding correct ? 

i will be posting the original lease in the evening after work .. 

Yes, the cases mentioned in the parking-prankster link are very clear. There has to be a vote for variation by the leaseholders - so far we have not seen any evidence of that.