Removed VCS/Excel from our parking bays

Razorcase

Hi,

Is there any practical or legal advice on removing a parking company (VCS/Excel) from our business car park.

We have bought the building (ie we don't rent) and it comes with nine spaces, the car park is multi storey and is a mix of business tenants and residents.

A few years ago, without any survey or vote VCS were imposed on us by the management agent.    They have put their discrete signs up and have been keen on ticketing our customers. 

Of course, this doesn't effect the residents so much as they have one space, one permit and usually one car.  We have mutiple customers each day who have to come downstairs to get a permit, return to their car and then return the permit at the end of their stay.  On occasion the VCS patrol have ticketed customers while they are going to get the permit (it is a lift ride and three floors away to our facility)

I have checked the lease and there is nothing in there about the need to display a permit and we had no say or vote in bringing them on site.  The car park is controlled by a roller shutter so only those with a key fob can access the car park.  

I have asked the management company to request VCS do not patrol our spaces- but they have refused to do so.  It would be easy enough for them to do as they can just remove their signs.  I plan to go through the management company complaints procedure- but if they are getting a cut of the 'fines' or some other benefit I don't think they will reverse their decision.

I also plan to speak to the superior landlord but that is in limbo at the moment as the change is going through land registry.

Can I issue a cease and desist letter?

Anybody been successful with this before?

We own the spaces and pay business rates on them every month- what can we do to prevent VCS from patrolling them?  We don't want them and didn't ask for them.  They are issuing tickets on a regular basis and really affecting our customers.

Gr1pr

UKPC Vs Davey comes to mind 

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-issuing-pcns-on-our-private-business-land-without-a-contract-off-to-court-ukpc-liable-for-trespass-success/

KoalaMSEF

I assume it's leasehold. Complaint to landowner. MA won't do anything. Theoretically, you can opt out of the scheme here is supposed to be an opt-out clause somewhere, presumably when you paid for the permit (we are trying now). Landowner may do something, If not, see them in court for breach of contract, i.e., no permit clause in the lease. 

Coupon-mad

Same advice as you can read on the thread by the above poster:

https://forums.moneysavingexpert.com/discussion/6538154/parking-in-own-space-ias-as-kangaroo-court-complaint-to-ma-and-freeholder/p1

The recent case law I found should help you.

I have asked the management company to request VCS do not patrol our spaces- but they have refused to do so. 

I would send a LBC and cease and desist warning to the MA, signed by the Director of your firm and asserting the 2023 case law.  They pay business rates so own those bays.

Do any employees have free legal cover on their insurance (usually part of house insurance)?  Maybe an individual with legal cover can get a solicitors letter sent free of charge.

If neither of the above approaches work, the firm who owns (pays business rates) for the bays may have to get a local solicitor to put in for an emergency injunction like Roger Davey did. Then Claim against the MA for the costs.

Razorcase

Just an update on this, the management company have REMOVED VCS/Excel from the commercial parking spaces.  

Before going down the legal route I decided to raise an official complaint with the management company, I also wrote to a range of Divisional Directors in the management company expressing my dismay at the decision to instruct a parking company to patrol our land when we weren't even consulted.

I also asked our MP to write to VCS AND the Management company and said if they didn't remove the parking cowboys from patrolling our private land I would be seeking an injunction.

At first the management company said they couldn't remove them from our spaces. but after an increasing amount of pressure they have relented and said they will not be issuing tickets to our customers.

So that is a nice early Christmas present for our business! 

Grizebeck

well done you, 

Coupon-mad

Brilliant!