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Leasehold flat allocated car park

2

Comments

  • DE_612183
    DE_612183 Posts: 3,973 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    to me it sounds like the flat owner rents out the property.
  • Everyone saying this is a good thing, have a look at the parking sub forum and see the problems it causes. 

    You will also learn that the freeholder cannot instruct a parking management company to manage the space demised to you in the lease, but it sounds like they already have. 

    Find some other like minded flat owners and get this stopped before owner occupiers, tenants, delivery drivers and visitors start getting scammed by the parking company with their parking charge notices and court threats.
    ^^^this...
  • eddddy
    eddddy Posts: 18,098 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Everyone saying this is a good thing, have a look at the parking sub forum and see the problems it causes. 

    You will also learn that the freeholder cannot instruct a parking management company to manage the space demised to you in the lease, but it sounds like they already have. 

    Find some other like minded flat owners and get this stopped before owner occupiers, tenants, delivery drivers and visitors start getting scammed by the parking company with their parking charge notices and court threats.
    ^^^this...

    I think you need to look at the bigger picture.

    If somebody was parking in your allocated parking place, leaving you with nowhere to park - wouldn't you be pleased that they got Parking Charge Notices? So hopefully they would stop doing it?

    If not, what would you prefer to do to stop them parking in your allocated space?


  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 2 December 2024 at 1:50PM
    Everyone saying this is a good thing, have a look at the parking sub forum and see the problems it causes. 

    You will also learn that the freeholder cannot instruct a parking management company to manage the space demised to you in the lease, but it sounds like they already have. 

    Find some other like minded flat owners and get this stopped before owner occupiers, tenants, delivery drivers and visitors start getting scammed by the parking company with their parking charge notices and court threats.
    You seem to have overlooked the fact that is about people being able to park in their own allocated spaces. Obviously not a problem for you. But is for many people. 
  • sheramber
    sheramber Posts: 22,899 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    DE_612183 said:
    to me it sounds like the flat owner rents out the property.
    It does, but the OP did not pose the original  question with that information and as a result answers were given to the original scenario , which did not help the OP with the actual problem.
  • eddddy said:
    Everyone saying this is a good thing, have a look at the parking sub forum and see the problems it causes. 

    You will also learn that the freeholder cannot instruct a parking management company to manage the space demised to you in the lease, but it sounds like they already have. 

    Find some other like minded flat owners and get this stopped before owner occupiers, tenants, delivery drivers and visitors start getting scammed by the parking company with their parking charge notices and court threats.
    ^^^this...

    I think you need to look at the bigger picture.

    If somebody was parking in your allocated parking place, leaving you with nowhere to park - wouldn't you be pleased that they got Parking Charge Notices? So hopefully they would stop doing it?

    If not, what would you prefer to do to stop them parking in your allocated space?


    I am.

    If you parked in your own allocated space, got issued with a parking charge notice by a private parking company, used their appeals process, had your appeal rejected, then got taken to court for several several hundred pounds - would you be pleased that you got a parking charge notice? 
  • Hoenir said:
    Everyone saying this is a good thing, have a look at the parking sub forum and see the problems it causes. 

    You will also learn that the freeholder cannot instruct a parking management company to manage the space demised to you in the lease, but it sounds like they already have. 

    Find some other like minded flat owners and get this stopped before owner occupiers, tenants, delivery drivers and visitors start getting scammed by the parking company with their parking charge notices and court threats.
    You seem to have overlooked the fact that is about people being able to park in their own allocated spaces. Obviously not a problem for you. But is for many people. 
    Please see my reply to Eddddy above this post.
  • @Aj_newbie

    I'd strongly suggest you ask for this to be moved to the parking forum
  • eddddy
    eddddy Posts: 18,098 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 December 2024 at 2:36PM
    eddddy said:
    Everyone saying this is a good thing, have a look at the parking sub forum and see the problems it causes. 

    You will also learn that the freeholder cannot instruct a parking management company to manage the space demised to you in the lease, but it sounds like they already have. 

    Find some other like minded flat owners and get this stopped before owner occupiers, tenants, delivery drivers and visitors start getting scammed by the parking company with their parking charge notices and court threats.
    ^^^this...

    I think you need to look at the bigger picture.

    If somebody was parking in your allocated parking place, leaving you with nowhere to park - wouldn't you be pleased that they got Parking Charge Notices? So hopefully they would stop doing it?

    If not, what would you prefer to do to stop them parking in your allocated space?


    I am.

    If you parked in your own allocated space, got issued with a parking charge notice by a private parking company, used their appeals process, had your appeal rejected, then got taken to court for several several hundred pounds - would you be pleased that you got a parking charge notice? 

    So, as I explained in a previous post, there needs to be a process for legitimate occupiers to have Parking Charge Notices cancelled.

    (Management companies need to insist that terms to that effect are added into contracts.)

    Do you see any other problems?

  • eddddy said:
    eddddy said:
    Everyone saying this is a good thing, have a look at the parking sub forum and see the problems it causes. 

    You will also learn that the freeholder cannot instruct a parking management company to manage the space demised to you in the lease, but it sounds like they already have. 

    Find some other like minded flat owners and get this stopped before owner occupiers, tenants, delivery drivers and visitors start getting scammed by the parking company with their parking charge notices and court threats.
    ^^^this...

    I think you need to look at the bigger picture.

    If somebody was parking in your allocated parking place, leaving you with nowhere to park - wouldn't you be pleased that they got Parking Charge Notices? So hopefully they would stop doing it?

    If not, what would you prefer to do to stop them parking in your allocated space?


    I am.

    If you parked in your own allocated space, got issued with a parking charge notice by a private parking company, used their appeals process, had your appeal rejected, then got taken to court for several several hundred pounds - would you be pleased that you got a parking charge notice? 

    So, as I explained in a previous post, there needs to be a process for legitimate occupiers to have Parking Charge Notices cancelled.

    (Management companies need to insist that terms to that effect are added into contracts.)

    Do you see any other problems?

    I know from your posts on here that you know an awful lot more than me about leases etc


    From the OP I think the situation is:
    The lease says something like "you have an allocated parking space" but nothing more
    The landlord has contracted with a private parking company (PPC) and has told the residents they now need to display a permit to park in their allocated space, otherwise they will receive a parking charge notice (PCN)
    Is the landlord allowed to vary the lease like this without any consultation or any other official process? (derogation of grant?) (Landlord and Tenant Act 1987. Part IV, para 37?)

    From what I have learned from the parking forum on here:
    PPCs sometimes agree to allow the landlord to cancel a set number of PCNs (they won't give the landlord carte blanche because that impacts their profits)
    Sometimes the landlord won't intervene or doesn't respond
    If you change your car / have a hire or courtesy car, you've now got to get a permit with the new reg on it before you can park in your allocated space (the one that's demised to you in your lease, which is silent on the need for a permit) - what do you do in the meantime?  Either park somewhere else or get a PCN. 


    Here's a thread from the parking forum which was started in May 2024 when at court claim stage - the original PCN was from Sept 2023.  A couple of days ago, the OP on that thread received a Notice of Discontinuance.  I know it's not the exact same scenario as the OP here, but the argument (what led to the court claim being discontinued) is the same I think.  
    I wouldn't like that hanging over me for over a year.
    https://forums.moneysavingexpert.com/discussion/6527623/ukpc-court-claim-for-own-residential-space/p1

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