Residential Parking Charge Notice 24 February at 2:31PM in Parking tickets, fines & parking 14 replies 215 views

Mckenna1992

Coupon-mad said:

Mckenna1992 said:

"As mentioned in our previous comments, the Parking Permit by mistake had flipped upside down which you can clearly see in the photo provided by One Park solution. As stated, we are more than happy to show evidence of our permit. Unfortunately, it will not let me upload a photo of the Permit on here so we shall email [email protected] with evidence of our permit.  Just for this comment section our Permit number is as follows. 

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We are fully aware of how to stick the permit to our car windscreen however with the use of multiple cars due to work commitments we unfortunately are unable to keep transferring the permit from windscreen to windscreen, as it will lose stick. 

One Parking Solution may or may not be aware that the site that we parked on is for resident's use. Alongside the purchase of our property, we as residents purchased the legal "right to park" for the fee of £10,000, this makes up part of our deeds and we do not feel comfortable in issuing this to a third-party company as it is strictly private and confidential.  We have checked through our Deeds and there is no reference to displaying any sort of permit whilst our vehicle is parked within our allocated space. 

One Parking Solution refers to a "contractual agreement" within their previous comments.  We have never signed any contacts to support this, nor do we intended to do so. Can One Parking Solution provide any contractual agreement which we have signed? The only contractual agreement we have signed is the one mentioned in the paragraph above, this is a legally binding contract.    

We refuse to pay any penalty issued whilst our vehicle is parked within our allocated space (Bay n.. ). It is our legal right to park within the Bay with or without a parking permit. " 

We have sent emails to the management, no response as of yet. 

I am sorry but this will lose and we really wish you'd come here first.  You cannot win at POPLA like that.

DO NOT PAY THIS HORRIFIC EX-CLAMPER.

Is this Brighton/Hove area? Which car park?

If you wanted to win you had to show POPLA this evidence (too late to add it now):

Alongside the purchase of our property, we as residents purchased the legal "right to park" for the fee of £10,000, this makes up part of our deeds and we do not feel comfortable in issuing this to a third-party company as it is strictly private and confidential.  We have checked through our Deeds and there is no reference to displaying any sort of permit whilst our vehicle is parked within our allocated space. 

Begs the question: why you didn't opt out your bay yet, from this unwanted moneymaking scheme that you do not want anywhere near your demised land?

Why oh why Is your owned bay even in the 'permit scheme' and displaying one? STOP.  You (residents) and your visitors are the target. Did you not realise?  It's not to stop trespassers, it's to entrap you.

I can tell you now, that you should never have let the likes of ex-clampers OPS anywhere near your property.

WE URGE YOU TO OPT YOUR BAY OUT NOW!

Majority of Residence voted for this unfortunately, as the bays were being used by non-residence and the management company appointed One Parking Solution. We however did not vote for this, and completely agree with your view. The Car Park is underground, and you need a fob to gain access, so I am still a bit shocked how this got the go ahead. 

This is in Kingston, not sure if it makes a difference where it happened though. 

Coupon-mad

Rest assured, I wasn't being nosy!

OPS are Worthing based (I am from West Sussex) and most of their residential car parks are in the Brighton-Worthing area.  I thought it might be one we knew about. Myself and @ParkingMad are known as the 'Brighton ladies' and we help people fight the likes of OPS in court all the time.  Thought it might be a site we know all about, as we hold copies of most of the landowner agreements openly produced for POPLA appeals over the years.

What a shame OPS got their clutches on your car park.  Bad luck.  Really bad luck.  Reverse it this year; get the other residents on board with you (they WILL have PCNs too - almost everyone will).  Horrible situation for the victims of greedy parking firms, especially at their own homes.

What a TERRIBLE decision by the other clueless residents...IMHO this has potential to even adversely affect the residents' property values.  It certainly stops people who are rightly wary of thug ex-clamper 'regimes' from ever being interested in buying any property in private estates infested by this sort of PCN-incentivised firm.  The very presence of an ex-clamper like OPS on site would be enough (in my experience and opinion) to put off drivers in the know from even looking at properties there.

Are you SURE the car park was being abused by non-residents or is this just something that OPS or the MA said was happening (someone made it up or exaggerated the issue...)?

How can it have been true, if entry is only with a key fob?

You don't need a parking firm there at all.

Kick them out asap; certainly opt your own bay out immediately and state to the Managing Agents that you have never accepted this harassment and do not recognise any authority of the likes of OPS, ex-clamper money-grabbers who are IMHO the last firm to have brought in.  I'd have moved out already (but wouldn't have allowed it and would never have accepted a 'permit').   That's the position you and other residents need to achieve.

ParkingMad might well hold the landowner agreement for your car park even though I don't, so I hope she reads this over the weekend.  She might have kept notes about it from another case.

What % of the residents voted for this crap?

As stated in Section 37 of the Landlord and Tenant Act 1987, in order to establish a right to impose unilateral terms which vary the terms of the lease, a landholder/managing agent must have such variation approved by at least 75% of the leaseholders with no more than 10% objecting, or in the case of nine or less leaseholders, all but one must agree.

Mckenna1992

Coupon-mad said:

Rest assured, I wasn't being nosy!

OPS are Worthing based (I am from West Sussex) and most of their residential car parks are in the Brighton-Worthing area.  I thought it might be one we knew about. Myself and @ParkingMad are known as the 'Brighton ladies' and we help people fight the likes of OPS in court all the time.  Thought it might be a site we know all about, as we hold copies of most of the landowner agreements openly produced for POPLA appeals over the years.

What a shame OPS got their clutches on your car park.  Bad luck.  Really bad luck.  Reverse it this year; get the other residents on board with you (they WILL have PCNs too - almost everyone will).  Horrible situation for the victims of greedy parking firms, especially at their own homes.

What a TERRIBLE decision by the other clueless residents...IMHO this has potential to even adversely affect the residents' property values.  It certainly stops people who are rightly wary of thug ex-clamper 'regimes' from ever being interested in buying any property in private estates infested by this sort of PCN-incentivised firm.  The very presence of an ex-clamper like OPS on site would be enough (in my experience and opinion) to put off drivers in the know from even looking at properties there.

Are you SURE the car park was being abused by non-residents or is this just something that OPS or the MA said was happening (someone made it up or exaggerated the issue...)?

How can it have been true, if entry is only with a key fob?

You don't need a parking firm there at all.

Kick them out asap; certainly opt your own bay out immediately and state to the Managing Agents that you have never accepted this harassment and do not recognise any authority of the likes of OPS, ex-clamper money-grabbers who are IMHO the last firm to have brought in.  I'd have moved out already (but wouldn't have allowed it and would never have accepted a 'permit').   That's the position you and other residents need to achieve.

ParkingMad might well hold the landowner agreement for your car park even though I don't, so I hope she reads this over the weekend.  She might have kept notes about it from another case.

What % of the residents voted for this crap?

As stated in Section 37 of the Landlord and Tenant Act 1987, in order to establish a right to impose unilateral terms which vary the terms of the lease, a landholder/managing agent must have such variation approved by at least 75% of the leaseholders with no more than 10% objecting, or in the case of nine or less leaseholders, all but one must agree.

Yes, on the odd occasion residents would let visitors park in the car park and this would result in unauthorized vehicles using bays allocated for residents. 

Very interesting the last paragraph, thanks. I will have to check which percentage of residents voted for and against. Judging by the volume of complaints on residents WhatsApp group, I would assume that more than 10 percent of residents voted against, actually, I am certain.  

Galloglass

Are you able to post up the terms and conditions offered to you when you passed over the £10K. 

Where there are competing claims over the space - your lease and their signs - it will be the dates on the contract and the terms agreed that count. Depending on the wording, people who have paid up might be able to take action for the return of the money plus costs plus damages. If there are enough of you, then gather together and issue multiple claims at one time. Courts will usually look at a few examples as 'test cases' and apply the decision to the rest.

It all comes down to what was agreed and what could be varied subsequently within the terms.