Private parking charge for SORN car in own space

Half_way

Altoough with British Parking assocation you could/should add in the word Limited afterwards, so British Parking Assocation becomes British Parking Assocation Limited which furhter re enforces that the BPA ltd is not in any way an authority or regulatory body

Coupon-mad

It reads like an appeal not a complaint.

If this is meant to be a complaint to the managing agent, don't talk about anything appeal-related (BPA CoP = not their concern).

Only say things like the regime is unsolicited, ill-advised resident-targeting thuggery and and interferes with the lease-granted right to peaceful enjoyment of the property.

Talk about the rights of leaseholders and the L&T Act and tell the MA you want to take this to arbitration if they fail to take this formal complaint seriously and come up with a remedy that includes:

(a) cancellation of all the fake PCNs

(b) the bay being noted as opted out and that the unwanted (rogue & anti-residential rights) parking regime never in fact applied to this bay

(c) a promise to restore peaceful enjoyment

(d) a promise to immediately end the unsolicited contract and instead, comply with the L&T Act with full consultation before even thinking about inflicting one of a motley crew of trashy ex-wheelclampers on residents, in whose interests these dodgy unregulated firms do not operate.

Whilst the MA may be able to bring in regulations on the estate, these must be fair and 'reasonable' (i.e. operating in the interests of residents and not interfering with the 'exclusive use' granted in the shared ownership lease) and must not be inflicted without the required 75% majority consensus - and not more than 10% dissenting - required by law.

Which PPC?

Le_Kirk

I understand that this lease provides me with primacy of contract over an unregulated PPC who are not a party to the lease. There are no provisions in the lease requiring my motor vehicle to have valid Tax, MOT or insurance, nor . Neither does it specify any financial penalty or charge for failing to have them.

Suggestion above                 

dadsma

Thank you for the comments. I will separate the management company complaint and the ppc appeal as suggested. 

Coupon-mad, the PPC is Elite Car Parking Management Ltd.

Coupon-mad

OK, there's a copy of their NTK in my thread of NTK pictures & I assume it hasn't changed.

dadsma

The wording of both NTK’s is the same as the sample on your thread - non-POFA. 

Should the initial challenges against the pcn’s be on these grounds:

1. The NTK’s are not POFA compliant. Any liability remains with the driver and cannot be transferred to the keeper.

2. The keeper’s residential lease specifies that he is allowed to park a vehicle on his designated space without additional conditions. 

Therefore Elite’s signage and T&C’s have no lawful purpose and are rejected.

Coupon-mad

Yes, except not this phrase:

"he is allowed to park"

Think about what that's admitting...

dadsma

Oops, my awkward phrasing 😗

Just found out it is key-fob entry, private gated car park - resident only - no visitor spaces. No access for the general public.

There was no ppc when the resident moved in 8 years ago and they aren’t aware of any parking problems. It makes you wonder why the management company appointed a ppc.

Fruitcake

dadsma said:

Oops, my awkward phrasing 😗

Just found out it is key-fob entry, private gated car park - resident only - no visitor spaces. No access for the general public.

There was no ppc when the resident moved in 8 years ago and they aren’t aware of any parking problems. It makes you wonder why the management company appointed a ppc.

The cynic in me thinks the PPC did a deal with the MA to make money for both parties from residents.

dadsma

Is it reasonable for the leaseholder to request a copy of the parking contract?