Introduction of ANPR monitoring in block of flats

Grizebeck

This could be some fun and games

Coupon-mad

Pippaki said:

Had the following response back from MA:

xxxx MA did not make the decision to introduce the system, the decision was agreed by the directors of the Management company xxx RTM Company limited.  We as the managing agents are communicating the changes to leaseholders based on the instructions received.

The directors are put in place to make decisions such as parking on behalf of the management company which additionally was agreed by the freeholder as they were additionally informed.

I will forward your email to the directors for their review.

Lets see what the directors get back with.

How are you getting on?  Surely you have been given an assurance that the ANPR system has been delayed, at the very least?

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

Pippaki

Hi All, after being told that my email has been forwarded to the directors, I chased them again today and got the following response:

If your registration number is not recorded then unfortunately your vehicle will not be exempt and you will automatically receive PCN, if you provide us your vehicle registration number this information will not be handled by anyone else outside of the parking account handler and Jennings and Barrett. We will directly log your vehicle ger number onto the portal to ensure you do not receive a parking fine.

The parking control is not restricting anyone from parking in their demised parking bay, it is actually ensuring that all leaseholders are able and permitted to use their space without the worry of unauthorised vehicles parking in spaces and abusing the use of the car park.

It sounds like they are planning to change everyone's lease to allow anyone registered to park in any space they want? I would be grateful for any suggestions on how to move forward. 

Edit: the above did not come from directors, but from MA. 

Coupon-mad

I think you need a solicitors letter to stop them. You CANNOT let this blight the estate.

Mullerice

I’ve got the same issue with my block - good luck!

Grizebeck

Coupon-mad said:

I think you need a solicitors letter to stop them. You CANNOT let this blight the estate.

Yes you should act quickly on this matter.
Grab the bulls by the horns.

Fruitcake

Pippaki said:

Hi All, after being told that my email has been forwarded to the directors, I chased them again today and got the following response:

If your registration number is not recorded then unfortunately your vehicle will not be exempt and you will automatically receive PCN, if you provide us your vehicle registration number this information will not be handled by anyone else outside of the parking account handler and Jennings and Barrett. We will directly log your vehicle ger number onto the portal to ensure you do not receive a parking fine.

The parking control is not restricting anyone from parking in their demised parking bay, it is actually ensuring that all leaseholders are able and permitted to use their space without the worry of unauthorised vehicles parking in spaces and abusing the use of the car park.

It sounds like they are planning to change everyone's lease to allow anyone registered to park in any space they want? I would be grateful for any suggestions on how to move forward. 

Edit: the above did not come from directors, but from MA. 

A PCN sent to the registered keeper up to seven months after the alleged event can in no way stop unauthorised users from parking in your demised space.
Neither the PPC nor the managing agents nor the directors can possibly know who you have authorised to use your demised space, therefore issuing PCNs to your authorised visitors breaches your unfettered right to use the space as you see fit, and breaches your right to quiet enjoyment.
PPCs cannot issue fines.
The PoFA 2012 permits PCNs to be issued to emergency vehicles, but not to vehicles of visiting armed forces. This means that theoretically, Mr Putin's vehicle would be exempt, but not an emergency vehicle on a shout, irrespective of what you may have been told. Without sight of the parking contract, there is no proof that emergency vehicles will not be targeted for profit.

As previously mentioned, have you asked when (not if) an application to vary leases has been made to all landlords and tenants as per Part IV if the Landlord and Tenant Act 1987, and what was the result with regards to the requirement of said Act (at least 75% in favour with no more than 10% against), and why as a leaseholder were you not consulted during the mandatory application?

Pippaki

There have been no further emails from the directors of the RTM. However, there will be an AGM on July 30th and all leaseholders have been asked to submit any questions they have for the agenda. As this is the only realistic way for me to raise this with other leaseholders, and I presume at that time a few will have already received a PCN, I will pose the questions to them then. 

Grizebeck

You need to make this front and centre

Fruitcake

I suggest you contact other residents/leaseholders now and ask them to raise the same concerns/questions. The more people that bring it up, the more likely it will be discussed at the AGM.