shared parking fine, worth chasing landowner?

Le_Kirk

Edd12 said:

Le_Kirk said:

Your partner should write to the managing agent and ask when, not if, a ballot of tenants/leaseholders/freeholders/landlords was carried out and what were the results.  You/your partner could refer to the Landlord and Tenant Act 1987

I'm not quite sure I understand this - does the freeholder of the land need to ballot the leaseholders (landlords in this case) and tenants etc in order to put in parking on the land they control?

Added Landlord in as per @Fruitcake's post.  Your initial post stated that the Managing Agents confirmed it was them that had contracted with the PPC.  They cannot do that without having carried out the ballot as per the link that @Fruitcake posted.

Edd12

Thanks everyone for your input. I've fired off the question to the MA - she's on leave until the 14th.

I got in touch with the EA today after email silence from them. Basically told them everything over the phone and asked what they were going to do. EA said they had spoken to the Landlord and she had told them (the EA) to sort it out. EA been trying to contact the MA, told them already that I had and nothing has happened. Also mentioned they need to speak to the Freeholder but the bloke didn't seem to know what to do so guess I will be waiting for them to turn around and say they have contacted the MA and nothing will happen 

YankeeBrit

You do realise that telephone conversations are not worth the paper they're written on.

Edd12

YankeeBrit said:

You do realise that telephone conversations are not worth the paper they're written on.

Yep which is why I follow-up with an email normally.

Edd12

So just an update to this - I've emailed the MA requesting information about the ballot -> Did not get a response (over 3 weeks now)

I've also had a response from the EA that says:
The issue is between myself and the PCM so I will have to go through their processes to get it sorted. In their view, they gave us adequate notice for the change. They cannot help anymore.

Just got the first debt enforcement letter from "TRACE debt recover", interestingly they have the same return address as PCM. Sit tight now for the LBCs?

B789

Does the MA have a website? Do they have a Privacy Policy? Either way, if they are claiming that they did hold a ballot in order to legally alter the lease, they must provide evidence of having done so and the result of the ballot. The law is very clear what the result of a ballot must be depending on whether there are 10 or more properties involved and they need to evidence it.

Edd12

B789 said:

Does the MA have a website? Do they have a Privacy Policy? Either way, if they are claiming that they did hold a ballot in order to legally alter the lease, they must provide evidence of having done so and the result of the ballot. The law is very clear what the result of a ballot must be depending on whether there are 10 or more properties involved and they need to evidence it.

Yep they do and I'm assuming they have some sort of privacy policy. I suspect they will argue that as I'm not the tenant they don't have to tell me anything. I think there might be about 10 flats in the block.

Le_Kirk

Edd12 said:

Yep they do and I'm assuming they have some sort of privacy policy. I suspect they will argue that as I'm not the tenant they don't have to tell me anything. I think there might be about 10 flats in the block.

Edd12 said:
my partner's shared parking outside their flat

Ask your partner to request this information from the MA, presumably your partner is a tenant/leaseholder.

Edd12

Both EA and MA are refusing to engage now - On to my third one of these now, with each one the language gets more and more ridiculous. 

I know they can pursue me for up to 6 years, I'm assuming I cannot get them to try submit to court for enforcement can I?

KeithP

That's nothing more than a debt collectors letter.

The fourth post of the NEWBIES thread explains exactly how to deal with debt collector's letters, but to summarise that post - ignore them.