Right to park on freehold deeds - potential infringement

h2g2

> If they know they have no right to charge for spaces but do anyway, isn't this fraud?

My personal suspicion is that it is fraud, by the book. But if you want to accuse someone of fraud you probably want a solicitor to help with this. My understanding is that it makes everything exponentially more complicated.

> How to stop attempts by the MA to draw in scamster PPCs in their tracks? 

What possibilities are available for a breach of the leasehold agreement may well be set out in the leasehold agreement itself. It may well be that the leasehold agreement cannot be enforced by one-off charges, but that sums can be added to the management fee to cover the cost of enforcing the leasehold agreement. (Mine has such a clause.) There may also be a clause requiring any breach of the leasehold to be reported to the freeholder who then handles it themselves and no legal possibility to derogate requirements to pay any third party at all to enforce a breach of the leasehold agreement. These things would get tested at a First Tier Tribunal (Property), most likely.

1505grandad

My own take on the matter but I have posted the following on several residential threads:-

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.

Coupon-mad

How to stop a PPC would be by copying the arguments in the 'PCM company introduced' thread. Refuse refuse refuse a PPC.

BasilFawlty

Coupon-mad said:

How to stop a PPC would be by copying the arguments in the 'PCM company introduced' thread. Refuse refuse refuse a PPC.

Lots of useful wording in there for me to use in putting an end to derogation from grant, less so for the PPC. Most arguments hinge on the L&T Act which I don't think would apply with us all being freeholders no?

pinkelephant12

Ultimately, all these ‘vulture’ companies care about is money.

You have already made it clear that you will pursue this. If it ends up going to court, it could be very time consuming and expensive for them.  They rely on the fact that too many people are wimps who won’t stand up to them.

As a property dispute, this will have to be declared on the TA6 (seller’s property information form) when residents sell their houses.  This could result in difficulty selling or having to drop the price.  You could make it clear that residents will pursue the landowner/managing agent for any loss suffered resulting from their negligence/breach of contract (as appropriate).  As this could potentially be a very large sum of money claimed by multiple residents, it might add weight to your existing arguments.