parking and leasehold

Leo2023

The penalty parking scheme was introduced on 10 August, i.e. I cannot get rid of it before it starts. I heard about it on 5 August, so there wasn't much time to start with. I had (temporary) use of the car park since I moved in a bit more than 3 years ago, as per a) and b) in my first post. Some leaseholders may have moved in when the block was finished in 2015 and will have had use since then. Temporary as per a) and b) for non-bay owners, use of their parking bay and access road for bay owners.

Coupon-mad

OK.

Act quickly using the form of words advised already.  Take it to ADR.

You can also lodge a complaint on the parking operator's website which is a useful step to deny any contract and tell them you have prior rights.

Then if they issue PCNs, you did at least tell them first that their presence is interfering with the leaseholders' rights.  It won't prevent PCNs nor will it void them, but it sets a placeholder.  Take a screenshot of your complaint on their webpage BEFORE pressing submit because rogue PPCs won't send you a copy.

Leo2023

I have been in touch with the parking enforcement company re the T&Cs (to understand whether they are in breach of my lease). They say "Deliveries to site and taxis collecting and dropping off residents, are allowed a reasonable consideration period whilst carrying out their duties only." which doesn't provide clarity or reassurance. They also point to signage on site. I understand the lease has primacy hence these are irrelevant for my access rights.

Do I need to express my opposition to the penalty parking scheme to the parking enforcement company as well or can I deal with this matter with the management company only?

Thanks again

Coupon-mad

As above. Yes.

Leo2023

Hello again,

Meanwhile I have prepared a complaint about the management company re the penalty parking scheme to the PRS and have sent it by email. The PRS have replied that only accept complaints through their online complaints form.
That doesn't work because it pre-populates with information I believe to be wrong or am not sure of. Surely, they have to accept complaints outside their form. What can I do?

Thanks in advance for your help.

Leo2023

On the above PRS refers to the Property Redress Scheme.

Leo2023

Hope to have resolve the issue. My complaint is now with the PRS.

1505grandad

Can you name who the parking company is?

Leo2023

Since the PRS has let me know that they cannot require the managing agent to change the penalty parking scheme, I am now considering taking the matter to the First-Tier Tribunal (FTT) - property chamber. I have some questions relating to that.

Do I need to wait for the management agent to send me their second-stage response before complaining to the FTT? (I have objected to their first stage response, which didn't offer any changes to the penalty parking scheme.)

To recap the mutual covenants in my lease say
a) No commercial vehicle (exceeding 15 cwt. unladen weight) shall be parked at any time on any parking space or any part of the estate except for temporary use of removal or delivery vans.
b) Not to permit any vehicle of any description belonging to the leaseholder, his family, servants, visitors or licensees to remain on the parking space or any part of the estate in such manner as to obstruct the ready approach to any part of the estate

What is a reasonable period for access for commercial deliveries under a) and access with private car or van under b)? By access I mean having a car/van remain on the grounds (excluding privately owned parking bays). Is it right that I could leave a private car for an indeterminate period in an area where it doesn't obstruct access? What is the case law supporting that? If you could link the case law that would be great. Unfortunately, I don't have access to LexisNexis or similar sources. 
I noted the Jopson & Homeguard case, however my lease is more generous and the parking scheme I object against was instituted long after I moved in (and I objected before it became effective.) 

eddddy

Leo2023 said:

Since the PRS has let me know that they cannot require the managing agent to change the penalty parking scheme, I am now considering taking the matter to the First-Tier Tribunal (FTT) - property chamber. 

On what legal basis would you be taking the freeholder/management company to the FTT?

The FTT only look at a specific categories of disputes and issues. I don't think the dispute as you present it falls into any of those categories.



However, for example, if you're ever charged any money in relation to the parking scheme, you could then have a case to take to tribunal. Either:

• Landlord and Tenant Act 1985 - Reasonableness of Service Charge
• Commonhold and Leasehold Reform Act 2002 - Reasonableness of administration charges

If the freeholder / management company adds any costs to your Service Charge bill that result from fees paid to the parking company, you could argue that they are not reasonable. i.e. Your lease does not allow or require the freeholder to issue PCNs, so it is not reasonable for you to contribute to the cost of something which is not allowed in the lease.

If you are charged a fee for parking by the freeholder's agent -  i.e. you receive a PCN from the parking company - that is essentially an administration charge made by the freeholder for a supposed breach of the lease. But you would argue that no breach of the lease has occurred, so no fee is reasonably payable.