Right to park on freehold deeds - potential infringement

Coupon-mad

I'd send one letter signed by several leaseholders including the person who has LP on his insurance.  I showed you what that letter must say, in the linked PCM thread I gave you.

End the letter threatening legal action if the parking company are not removed forthwith.

The person with the LP should be the first person signing and give his address for correspondence.

Then when fobbed off use the LP to hit them with a legal letter not later than the end of this month.

BasilFawlty

Coupon-mad said:

I'd send one letter signed by several leaseholders including the person who has LP on his insurance.  I showed you what that letter must say, in the linked PCM thread I gave you.

End the letter threatening legal action if the parking company are not removed forthwith.

The person with the LP should be the first person signing and hive his address for correspondence.

Then when fobbed off use the LP to hit them with a legal letter not later than the end of this month.

Thanks bud. I might be going blind, I can't seem to find the PCM thread?

Le_Kirk

BasilFawlty said:

Coupon-mad said:

I'd send one letter signed by several leaseholders including the person who has LP on his insurance.  I showed you what that letter must say, in the linked PCM thread I gave you.

Thanks bud. I might be going blind, I can't seem to find the PCM thread?

Maybe reread this post 1 October at 12:27AM <<<<<LINK

BasilFawlty

Dear fellow residents,

Re. Estate access road parking 

I am writing to you to inform you of my (our) rights to park, and of my intention to assert these rights with the land owner / management company responsible for the access roads. 

As a freeholder I enjoy the same rights as those of you who are also freeholders, or tenants of freeholders, to park my car in the spaces outlined in my contract of sale (deeds). I have attached with this letter my deeds (redacted) and highlighted the relevant clauses. The first relevant clause is number A within Schedule B, this gives me my right to park. The next relevant clause is number X within Schedule Y, this essentially permits the owner / manager of the access roads to make changes, but only where they don't conflict with my rights granted within Schedule B. 

I appreciate that my deeds may look different to yours given the nature and lay out of different access roads, but my assumption is that the expressed rights given to me are the same as those given to you; the right to park in the spaces highlighted if such spaces are provided. 

The spaces made available to us all are clearly defined and my right to park in those outlined in my deeds is clearly expressed. This right cannot be infringed upon by anybody including even the land owner. The advice I have so far sought states that any attempt to deny me (us) of my expressed rights would constitute a derogation from grant and a breach of easement. 

Contrary to the easement I've (we've) been granted when I purchased my property, the manager responsible for the access road sees fit to engage in a clear and egregious breach of contract. They are directly or by instruction restricting my right to park in the spaces available to me by offering exclusive use of the spaces to other residents in exchange for additional payment, and also by physically blocking / allowing the physical blocking of my access. I will not tolerate this. I have had conversations with a number of you and know you wish to take action too, I'd like to invite any of you who are also troubled by this breach of contract to join me in my action against them. I will begin by seeking an end to the breach of contract directly with the land owner and managing agent. If they refuse to comply with their legal duties then I will take further legal advice, seeking an injunction and the physical removal of all obstacles and signage that denies or signals the intention to deny me my expressed rights. 

This breach of contract by the management company and/or land owner is highly likely to result in the following consequences; a breakdown in the cohesion of this pleasant community and a rise in neighbourhood tension and dispute, and a demonstrable devaluation in the market value of my (our) property and a reduction in its saleability. I don't want to suffer either of these and I'd imagine none of you would either. 

I would caution any of you who have paid or who are considering payment for exclusive access to parking in the access roads to examine the legal basis of such an agreement. I must also tell you that I do not recognise any agreement other than that which I have contractually engaged in when I purchased my property. Any assertion made of exclusive use of parking spaces that I have an expressed right to use will be ignored. 

It is my absolute commitment to act in the best interests of us all in this matter. I must be able to enjoy my right to park as much as any of you. A denial of my rights is as much a denial of yours, and seeing vulture like behaviour by a company taking payment from my neighbours for a service they're legally unable to provide is also something I will not stand idly by and accept. I will be seeking repayment for those of you who have parted with money. 

My 'fight' is not with any of you. Again, I extend my invitation to join me and take part in a collective action to restore our rights together. Please feel free to contact me or to pop round, knock and chat. I'm friendly and open to dialogue with all. 

If you wish to respond please do so by or on Xx/yy/zzzz, after this date I will progress the matter and the more people asserting their rights the better. 

Yours faithfully,

Basil

BasilFawlty

@Coupon-mad

Thoughts on the above?

Coupon-mad

I like that.

You do need everyone alerted or they'll sleepwalk into a costly/unworkable regime that interferes with all their leases.  That will affect house prices & saleability.

They'd be stark staring mad to agree with what the MA has foisted on you all.  This was unsolicited and is unwanted 'derogation from grant'.

Apologies, I really thought I had posted this on your thread but it must have been another:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1

Read that from start to finish.

Your case is a bit different (stronger, maybe) as you are all freeholders.  But you might find useful extra wording in that example complaint that saw a MA run away with their tail between their legs!  Write it from all of the signatories.

1505grandad

FYI  -  even the latest unregulated CoP (soon to be replaced by a proper regulated PPCoP by the Government) recognise/acknowledge  this scam:-

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

THE SINGLE CODE OF PRACTICE

14
Relationship with landowner 

NOTE 3: Particular care is needed to establish appropriate contractual terms, including the application of parking terms and conditions, in respect of controlled land where leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a requirement on the resident of an apartment block to display a permit to park in contravention of their rights under their lease, or to ensure that free parking periods do not breach planning consents.

BasilFawlty

Coupon-mad said:

I like that.

You do need everyone alerted or they'll sleepwalk into a costly/unworkable regime that interferes with all their leases.  That will affect house prices & saleability.

They'd be stark staring mad to agree with what the MA has foisted on you all.  This was unsolicited and is unwanted 'derogation from grant'.

Apologies, I really thought I had posted this on your thread but it must have been another:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1

Read that from start to finish.

Your case is a bit different (stronger, maybe) as you are all freeholders.  But you might find useful extra wording in that example complaint that saw a MA run away with their tail between their legs!  Write it from all of the signatories.

That's fantastic! Some really useful wording in there which I'll be sure to use.

To be clear, am I addressing the managing agent of the estate access roads, or the land owner, or both?

Coupon-mad

When you write the joint complaint it goes to the MA because they are responsible for this unsolicited interference.  Or was this 'pay up or else' letter sent by the actual site landowner?

I note that your case doesn't actually involve a parking firm being on site (as far as I can see) but the arguments about the bollards and charge to park that have been imposed on you all, are the same arguments really.

BTW never ever let a MA introduce a parking company.  NEVER.

BasilFawlty

Coupon-mad said:

When you write the joint complaint it goes to the MA because they are responsible for this unsolicited interference.  Or was this 'pay up or else' letter sent by the actual site landowner?

I note that your case doesn't actually involve a parking firm being on site (as far as I can see) but the arguments about the bollards and charge to park that have been imposed on you all, are the same arguments really.

BTW never ever let a MA introduce a parking company.  NEVER.

Lots of support from my letter. Many others want to get involved and fight, including the solicitor daughter of one of the properties. Others willing to use their LP.

Other exchanges have taken place between residents and the MA, there's some talk of future parking company involvement although I havent yet seen anything in writing.

Plusses and minuses. Good to get a groundswell of support. Bad to know that this is likely a good and proper bottom feeding vulture firm.

Two questions:

1. If they know they have no right to charge for spaces but do anyway, isn't this fraud? It appears from other direct challenges that their answers are deliberately constructed to obfuscate and perplex, drawing on other irrelevant contract terms. They know they shouldn't be doing what they're doing but they're doing it anyway. 
2. How to stop attempts by the MA to draw in scamster PPCs in their tracks? One of the stipulations of the right to park in our deeds for example is that it can only be a car or other light MV. Another is that parking is for no more that 12 out of every 24 hour period. Another is no caravans or boats. Etc... how to scare off any attempt to introduce permits or police the 12/24hr or other rules? If they don't get their way with the pay to park scam, they'll likely attempt to make their mkney elsewhere.