UK CPM - new infestation on private estate

Jenni_D

30 x 50 cm = 0.15m2 per sign. But is there not also something about total area of signage?

_IH8_UKCPM_

Perhaps, I guess there would need to be to some more rules otherwise people would just be erecting like 20 x 0.29m2 signs in close proximity that together make up a larger overall sign or message?

Coupon-mad

The only rules coning in will be the new Code of Practice which says best practice is even larger signs than that.  

And no, grouping several signs together wouldn't be OK!

Terms in consumer contracts must be clear and prominent (that means 'bound to be seen' / in your face obvious, in terms of car park signs).  As stated in the Consumer Rights Act 2015.

_IH8_UKCPM_

I think I may contact council about signs let them clarify. After all, I not only pay management fees, but also council tax 😐

An interesting thought has occurred to me. At the front aspect of our property one half is the car port including the parking space that is our land. The other half is our front door which the other car has been parking in front of. Our boundary line runs along the front wall and front door. All the houses including ours were built with small roofs extending approx 1m out over the front door, this projection is not included within our boundary line. Advice online seems to suggest we may have some argument to right to land below it especially if we can prove continued use of it. Obviously being our front door it sees quite a bit of regular use 🤣

I've also seen on other cases regarding private estates where residents successfully argued they should have the right to park in front of their property to prevent anyone else blocking access to their door or otherwise causing a nuisance to them. Having spoken to my neighbour he actually requested the MA install a large planter outside his property to prevent anyone driving over his doorstep and potentially running him over due to the proximity of his door to where cars are driving. The MA did this for them.

Appeals have been submitted to UKCPM stating L&T act and rejecting their authority to enforce parking or issue us tickets as it constitutes a derogation from grant and was not covered in any agreements or covered in any formally agreed lease variation.

COVID still kicking me and have busy stressful week of work meetings I need to join still so bit of a struggle bit will keep up the battle.

Fruitcake

With regard to the roof over the entranceway, it may come under the definition of a flying freehold. This usually applies to things like modern coach houses that sit above two or three garages. I don't know the details, but it usually means that whilst the freeholder may not own the space underneath, there are restrictions on what other people can do in/with that space.

It must be tough dealing with all this unnecessary carp that's being inflicted on you at the best of times, so I think you are doing a fantastic job of dealing with this whilst suffering from the effects of a serious illness.

Coupon-mad

Yep - flying freehold.  I recall that from my years as a mortgage lending manager back in the eighties!

_IH8_UKCPM_

Fruitcake said:

With regard to the roof over the entranceway, it may come under the definition of a flying freehold. This usually applies to things like modern coach houses that sit above two or three garages. I don't know the details, but it usually means that whilst the freeholder may not own the space underneath, there are restrictions on what other people can do in/with that space.

It must be tough dealing with all this unnecessary carp that's being inflicted on you at the best of times, so I think you are doing a fantastic job of dealing with this whilst suffering from the effects of a serious illness.

Yep seems a bit of a grey area open to interpretation and argument. Seems odd they didn't include the space as part of the freehold on all the properties that have them or any space outside the front doors and just consider it their eyes as "the road" but I guess the developers don't give two.....

I appreciate the support! My third time dealing with COVID. I am clinically vulnerable and first time I had it took me out of action for a month.

Mouse007

I seem to recall that overhangs can be covered by an easement much in the same way that pipes and wires across a neighbours garden are. Our guttering overhangs next door along one boundary, theirs overhang us along another. I am sure I read in our title deeds when we purchased about rights for these overhangs.

I think a flying freehold is something much bigger - when I had one over my land I knew my obligation was to ensure the structure on my land holding it up should be maintained. I was not allowed to knock it down.

Fruitcake

Whilst there may not specifically be a flying freehold, the resident's rights concerning the space and land underneath the roof could be interpreted as such, or as mentioned above, it could be or considered to be an easement.
There should be something stated somewhere about express (unfettered/unhindered) rights of entry to a property and the right to pass and repass over land. Alternatively, it surely can be interpreted as an implied right, which must be covered by the Consumer Rights Act in some way.

In any case, the CRA 2015 must be considered anyway because it is unfair to hoist a parking scheme on residents without warning, or without consultation, or without agreement.

_IH8_UKCPM_

Hi guys, been away for a while as I've been busy with COVID, work and preparing the letter and fighting from more angles. Pleased to say letter went out few days ago and got steady stream of residents replying with varying levels of anger and penalties so looking at setting up a group on Whatsapp or similar soon before we sign and submit the group complaint based on the template from the other similar case.

Spoken to council planning department and they have raised an investigation into the signage so hopefully that might help.

Contacted MP and they have replied and said they are happy to look into it and asked for more residents to get in touch so have been advising all to do so. One resident said they were reduced to tears when speaking to our estate manager about the £500+ penalties they had received 🤬