RTM Private parking company

Coupon-mad

I think maybe your answer is an emergency injunction by a solicitor and demand that the RTM pays for your costs or the solicitor will sue.  See Roger Davey v UKPC:

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-issuing-pcns-on-our-private-business-land-without-a-contract-off-to-court-ukpc-liable-for-trespass-success/

Be aware I am only posting that for the info about the case.  Do NOT seek advice from the unfriendly and largely clueless lot who post on CAG.  Stick with us.

You don't have LEGAL COVER in your house insurance do you?  Perfect if so, because a free solicitor's letter might be enough to stop them.

Fruitcake

Coupon-mad said:

I think maybe your answer is an emergency injunction by a solicitor and demand that the RTM pays for your costs or the solicitor will sue.  See Roger Davey v UKPC:

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-issuing-pcns-on-our-private-business-land-without-a-contract-off-to-court-ukpc-liable-for-trespass-success/

Be aware I am only posting that for the info about the case.  Do NOT seek advice from the unfriendly and largely clueless lot who post on CAG.  Stick with us.

You don't have LEGAL COVER in your house i insurance do you?  Perfect if so, because a free solicitor's letter might be enough to stop them.

... or with a bank account or as a union member. It's always worth looking through any financial products/loyalty schemes etcetera to see if there are any useful freebies.

Coupon-mad

@vaders have you seen the thread by h2g2 who has said that their case is with the The Property Ombudsman Service.

h2g2 
said on their thread about similar issues:

They tell me that there's a backlog of cases and I should expect to wait four months to get any sort of response from them.
It's so frustrating that however I approach this it's going to take months. I'm not sure if it's better to go headlong into starting legal action. On the one hand, trying to resolve it through the Ombudsman is correct, on the other hand there is a need to get things resolved faster.

Coupon-mad

vaders said:

Fruitcake said:

vaders said:

So far also good.

It’s such a weird set up.
My house is a freehold and I always assumed the car parking space/land was mine.

For more clarity, the estate is made up of 74 houses, 48 flats over 3 buildings.
Some houses have a driveway, the rest is parked in the car park with numbers and visitor bays.
Mine happens to be the freehold house with a parking spot within the car park.

Is it safe to say the leased car parking spot to me will have a significant impact due to the car parking space being policed? I’d like to go back with as much information as I possibly can.

Also with the 75% needed to vary the lease, do homeowners with driveways have to be consulted also? 

If a homeowner does not reply to the consultation, does that mean they lose the right to vote for or against?

i.e if the consultation generates 10 replies and all 10 say they are for, is that 100% and they are legally able to implement the parking control?
Or do they still need 93 out of the 124 properties to get this in place?

It's 75% of all landlords and tenants (leaseholders). If you are a freehold owner, you own the land, but that may only apply to your home, not the parking space. You need to check your ownership documents to confirm whether you own or lease the parking space. If you own it, nobody can impose a parking regime upon it without your permission. If you lease it, then nobody can impose a parking regime upon it without complying with the L & T Act.

I’ve attached an image from my title plan. It says for the purpose of grant only.
The parking space is also highlighted red.

This poster sued a PPC successfully, then also sued (and won against) a residential RTM company for DPA 2018 breaches:

https://forums.moneysavingexpert.com/discussion/6421843/i-sued-a-parking-company-and-won/p1

vaders

Interesting.
Still in the place though.
I do have legal cover on home insurance, I’m not sure it covers these issues though. Worth a shot calling.

Coupon-mad

It should cover legal disputes (not yet at court) where a letter will see them off.