Parking in own space/IAS as Kangaroo court/complaint to MA and freeholder

KoalaMSEF

We recently bought a leasehold flat with a lease that allows one allocated parking with no clause/condition re. permit. The only condition is to park in the space allocated by the Management Agent. MA has not mentioned any permit in any form of communication, including their own 'welcome pack'. As we were in the middle of relocating, we haven't changed V5. Two PCNs sent to our old address. 

Naively, we thought this was a mistake as we just bought the flat, so we appealed on parking company's system. Of course, rejection. 

I went to MA and MA made two comments (1) follow P&P's procedure to ask for cancellation and (2) the parking company has the right to fine us (!!!).

We did follow MA's advice and went through IAS. Now I know from many posts here, it's a waste of time (Naively, we thought it was really 'independent.'and thought it was a genuine mistake because we are new owners and they didn't know). In the process, the parking company admitted that we have the rights to park, in black and white, while still insisting that we can only park with a permit. IAS repeated what the parking company has said almost in verbatim, in the same order, clouded in their legal jargons of course.

What is funny about this is - IAS basically said - whatever they said does not have any legal effect, and only the company who issued the PCN can cancel the PCN (!!! so the sole existence of IAS is to legitimise money racketeering.) 

At the point, it looks like we only have 2.5 options. Option 1 - pay and shut up. Option 1.5 - pay and small claim court (CAB's advice). Option 2 - wait for the letters to hit us (advocated by many in this community). 

Although it is a family car, my husband's name is on it. He did not want to do Option 2. We've changed the V5 weeks ago and are now instructing the parking company to update the address. I have sent a complaint to MA asking them to intervene, reminding that they hold vicarious liability on this. I have not heard back anything. 

At this point, it does feel like people are out of option if they do not want to do Option 2. Would love to hear any suggestions, comments, and ideas. 

Many thanks!

h2g2

Could you post the actual wordings from your lease? It will help know exactly what you can can't argue.

It may be worth going to the freeholder as well, saying the lease gave you the unconditional right to park; not a right to look at a contract to park.

Since you only just bought the place consider bringing this up with your conveyancers. Make the point to them that you understood that the property included unfettered use of a parking space but there seems to be a parking company issuing parking charges. Highlight that you are unhappy this wasn't brought up during the conveyancing process as it represents a rather severe restriction on your enjoyment of the property if you risk £100/day charges for it!

Half_way

do not insert any circumstances pay, it it is your parking space. 
tell the management they must cancel, and stop subletting your shredder to the bandits if £100a day to an un regulated parking company that is a strawberry to your lease. 
your expect then to take immediate action to rectify this as and if they do then as a gesture of goodwill you may not charge the management company the £100per day that they have been subletting your space for

KoalaMSEF

h2g2 said:

Could you post the actual wordings from your lease? It will help know exactly what you can can't argue.

It may be worth going to the freeholder as well, saying the lease gave you the unconditional right to park; not a right to look at a contract to park.

Since you only just bought the place consider bringing this up with your conveyancers. Make the point to them that you understood that the property included unfettered use of a parking space but there seems to be a parking company issuing parking charges. Highlight that you are unhappy this wasn't brought up during the conveyancing process as it represents a rather severe restriction on your enjoyment of the property if you risk £100/day charges for it!

Re lease 


Re freeholder. Freeholder is represented by MA. In fact, we spent more than 2 months trying to get a response from freeholder but in no vein during our conveyancing process. Freeholder and MA belong to the same group.n 

Re conveyancing. Could do. My question is - Would it be a similar fight against MA, because it isn't in the lease or anywhere. 

Thanks!

fisherjim

The MA are idiots, no private parking company can "fine" anyone!

They are also negligent in not informing you of the parking terms and conditions.

Why on earth would you even consider paying a scam supported by an inept MA in you own parking place?

KoalaMSEF

Half_way said:

do not insert any circumstances pay, it it is your parking space. 
tell the management they must cancel, and stop subletting your shredder to the bandits if £100a day to an un regulated parking company that is a strawberry to your lease. 
your expect then to take immediate action to rectify this as and if they do then as a gesture of goodwill you may not charge the management company the £100per day that they have been subletting your space for

Thanks! Before IAS, I called them and messaged them. They refused to step in. I sent a formal complaint last week, demanding them to cancel the charges. The point I have made is -
- We have a contract with MA.
- We do not have a contract with the parking. We parked in a space allocated by the MA according to our lease.
- MA has a contract with Parking company. I will hold them vicarious liability if they don't move the charges.

I haven't heard back anything. We probably can do small court against MA for charing us £100/day parking while it is free in the lease. 

Thanks... 

KoalaMSEF

fisherjim said:

The MA are idiots, no private parking company can "fine" anyone!

They are also negligent in not informing you of the parking terms and conditions.

Why on earth would you even consider paying a scam supported by an inept MA in you own parking place?

Hubby was scared of CCJ. I can't do it for him as my name isn't on V5 despite that it's a family car. I can hold MA as my name is on the lease. Sigh... 

Trainerman

Hubby cannot get a CCJ. Even IF you lost at Court, provided you pay within the time limit, there is NO recorded CCJ. You would pay less too.

Maybe your husband could name you as Driver. They would then have to invoice you, and you can fight it in your own name, and no risk to hubby.

fisherjim

KoalaMSEF said:

fisherjim said:

The MA are idiots, no private parking company can "fine" anyone!

They are also negligent in not informing you of the parking terms and conditions.

Why on earth would you even consider paying a scam supported by an inept MA in you own parking place?

Hubby was scared of CCJ. I can't do it for him as my name isn't on V5 despite that it's a family car. I can hold MA as my name is on the lease. Sigh... 

Why does he think a two bit parking company hold so much power, you have a speculative invoice no more, if I sent him an invoice for reading this with threats about a CCJ would he want to pay it?

KoalaMSEF

Lol, can't change his mind, as there is this mysterious "default CCJ". I suppose most law-abiding citizens do not want to take any risk. They just want to live their life peacefully. That's why these companies can do what they do and normal people just suffer.  

The linchpin here is MA, and I am on the lease and we have an explicit contract with them (lease). We may go after conveyancers but I don't know what we can get out of it other than expressing our displeasure if the permit thing isn't in the lease. 

Any further thoughts are welcomed (option 2 waiting for letters is out). 

Many thanks!

Trainerman

Why can't he do a bit of research for himself, instead of following threats as 'gospel'? I certainly would. I never believe something just because someone said it. ..... think Donald Trump !

For the record, you cannot get a 'default CCJ' unless you let it happen. That is, move house and allow a claim to go to the wrong address or get a claim and not defend it in time/correctly. This Forum has a clear step by step guide of the 'when and what' which helps you take care of all the steps, and the helpful expertise here is amazing.

It is also worth noting that many of these claims are discontinued if people stand up to them. Do you/your husband really want these scammers to get your cash, and that because conveyancing/ M.A. let you down ??

You could still be named as driver and fight it