CPM ANPR PCN - Leaseholder with exclusive use of space

Mullerice

Castle said:

Mullerice said:

On another note, I’ve requested a breakdown of all service charge costs and buildings insurance in line with my legal right to do so. I’m going to audit all of the service charge, I highly suspect there’s a lot of waste / excessive spend. 

Some background reading, especially sections 150-159:-
Commonhold and Leasehold Reform Act 2002 (legislation.gov.uk)

Thanks for that - I’d been using this website that had a template letter to use. Will be good to read about the CLRA too 

https://www.leaseholdknowledge.com/advice/service-charges/

Coupon-mad

I’ve got a claim initiated via home insurance legal. They’ve requested all correspondence to the management company. 
I’m just waiting for management company to get back to me. They’ve gone from replying to my emails trying to argue their case, to telling me that it’s been escalated and they will be in touch when ready.

Very good idea to use your Home Insurance free legal cover.  Hope the pressure works.

Fruitcake

I've only skim read this thread, so my apologies if you are already aware of the leink below about residential parking.

Parking Prankster: Residential Parking (parking-prankster.blogspot.com)


If you want to go down the advertising consent route for the signage, the posts below will help with that. First though, you need to establish whether ad' consent has been granted for signs greater than 0.3m²

If it has not, then you can complain to your council/planning office and your MP. Point out vehemently that not having such consent is illegal. 

Free Parking at ASDA Fleetwood until ParkingEye get their act together - Page 2 — MoneySavingExpert Forum

Help, got until 24th November to submit Defence for VCS - Page 3 — MoneySavingExpert Forum

It is also worth noting that not having ad' consent for the signs breaches para 12 of the PoFA 2012.

ANPR Overstay - Advertisement Consent Refused by Local Council - Page 4 — MoneySavingExpert Forum

It is of small import compared with getting the PPC kicked out, but showing they and the HA/MC are both acting illegally and thus have no regard for the law cannot harm your case.

Mullerice

So an interesting development unfolded yesterday. 

For context, the "estate" that I live in is divided into three sections 

- Housing Association flats (HA)
- 'Normal' flats
- Communal areas 

I use the word 'normal' because these are open market purchased flats, and not social housing / shared ownership via the HA. 

To avoid doxxing, I'll use MC as the name of the management company I am in dispute with, and HA for the Housing Association that I purchased my lease from. 

In an email yesterday, the MC said: 

"MC. Managing Agent, appointed by the directors of the Management Company ([XYZ] LTD – the RMC)  have no management responsibilities over the land edged in red which is demised to HA

Unless HA can provide us any written agreements between what would have been MC-old (previous managing agent) and CPM over parking control, then MC will not be responsible for parking control of the land edged in red as per above picture."

For context, the MC-old entity was acquired by the MC last year, and the company re-named on Companies House, with the same legal entity number. MC-old had been operating here since we moved in 5 years ago. So they're the same legal entity. 

The HA look after my building, and the MC look after the communal areas (e.g. gardens) and the other block of flats. The parking spaces for the HA flats are clearly within the red area of the plan, and are NOT communal amenities. 

...

So essentially, the MC have admitted over email that they have no jurisdiction / contract to operate on the land that my parking space is situated. 

Therefore CPM do not have any contractual rights to operate in this area; they have relied on authority from the MC. 

Where do I go from here? The MC have confirmed that CPM have been instructed to temporarily cease operations on the Estate until the situation is resolved regarding the HA / 'Normal' flats parking areas (i.e. CPM might be told to only operate on the other half of the parking spaces that belong to the 'Normal' flats). 

I've spent hours of time researching the law, reading up on cases to defend my property rights against this behaviour from the MC. I've had my data accessed from the DVLA by CPM when CPM have no contractual rights to operate given the MC don't have any responsibility for those spaces. I've been subjected to harassment by I believe DCBL as well as Gladstones Solicitors, threatening to take me to County Court for thousands of pounds plus costs. 

The ANPR camera is at the entrance, so all drivers regardless of HA or 'Normal' flats get tagged by the camera. 

My guests have not been able to visit and use my space because of fears of PCNs as a result of the actions of the MC. 

One of my neighbours said a friend visited to feed her cat while they were on holiday recently, received an ANPR PCN and paid it out of fear of further cost escalation. No doubt other residents / their guests have also paid PCNs out of fear of litigation. 

Any advice would be appreciated. The MC have admitted they have acted outside of their remit, but I want to understand whether myself and other residents should be entitled to compensation / damages for the distress caused by the MC and the trespass over our property which they have authorised CPM to do, despite having no jurisdiction over our spaces. 

Thanks in advance 

Grizebeck

Ooo 🍿 time
You most definitely have a case,.

Half_way

The management company will be jointly and severally liable for the actions of it's agents.
 Squeaky bum time for the management company, who could well end up paying for the harassment as well as all the parking charge notices people have paid, not to mention a GDPR breach -no valid reason to access and process data

Mullerice

Grizebeck said:

Ooo 🍿 time
You most definitely have a case,.

It almost feels like they emailed me a smoking gun here… 

but what is the ‘case’ I have against them? Half_way said:

The management company will be jointly and severally liable for the actions of it's agents.
 Squeaky bum time for the management company, who could well end up paying for the harassment as well as all the parking charge notices people have paid, not to mention a GDPR breach -no valid reason to access and process data

How do I quantify the harassment into GBP? 

I feel like I need to draft an email to the directors here simply setting out the ‘damages’ I’ve suffered, if that’s the right word, such as harassment from CPM and their debt collectors over the last 4 years, the GDPR breaches, etc. any tips for a rough structure I can use to draft this up? 

Does this have any relevance? 

Obtaining property by deception 

https://en.m.wikipedia.org/wiki/Obtaining_property_by_deception#:~:text=(1)%20A%20person%20who%20by,term%20not%20exceeding%20ten%20years.

Coupon-mad

Ask you Legal Advice (home insurance) if they believe your have a more than 50% chance of winning a claim against the 2 possible Defendants (a) UKCPM and (b) whoever contracted them to set up this farce.

If yes, go for it.

Or ask Jackson Yamba of Contestor Legal like the other poster has done.

Or ask David at Small Claims Advisor if it is a case he would agree to take on.

There must be several homeowners (the normal flats) who are in the same boat. Worth a mass leafleting suggesting all joining a site WhatsApp group to help each other?

Mullerice

Coupon-mad said:

Ask you Legal Advice (home insurance) if they believe your have a more than 50% chance of winning a claim against the 2 possible Defendants (a) UKCPM and (b) whoever contracted them to set up this farce.

If yes, go for it.

Or ask Jackson Yamba of Contestor Legal like the other poster has done.

Or ask David at Small Claims Advisor if it is a case he would agree to take on.

There must be several homeowners (the normal flats) who are in the same boat. Worth a mass leafleting suggesting all joining a site WhatsApp group to help each other?

Do you have a direct contact for Jackson at all?

 I’ve previously contacted the company and had a case handler email me, who didn’t seem to understand that my lease grants me exclusive use of my space (as well as the Land Registry property title explicitly confirming this), and they were of the opinion that a management company can do as they please regarding instructing CPM and allowing them to charge residents - it didn’t inspire much confidence in that company representing me. 

I’ve just spoken on the phone to someone who is ‘admin’ and was told to just email over a summary of what’s gone on and emails with the management company. I’m concerned it won’t get looked at properly if I do this. 

Hence asking for a direct contact with Jackson 

Grizebeck

Personally id use David @ small claims advisor