Leasehold flat allocated car park

Skiddaw1

KittenChops said:

@Aj_newbie

I'd strongly suggest you ask for this to be moved to the parking forum

I agree. The regulars on there really are first rate when it comes to this sort of thing.

eddddy

But the solution is straightforward.

When the Landlord is choosing a PPC to manage parking, the landlord has to insist that there's a clause in the contract to the effect of...

The owner of a an allocated space must be able to have a PCN related to that allocated space cancelled - e.g. by sending an email to the PPC .

If a PPC refuses to allow that clause, the landlord shouldn't hire them.

If all the PPCs refuse to allow that clause because they say that makes the contract unviable, then the landlord will probably have to pay a PPC an annual fee for managing parking instead.


So I don't think it's a case of "kick out the PPC", it's more of a case of "highlight the issues and possible solutions to the landlord before they sign the contract with the PPC".

Obviously, if a Landlord has already signed a "bad contract", it's probably too late to do anything about it.

Hoenir

eddddy said:

Obviously, if a Landlord has already signed a "bad contract", it's probably too late to do anything about it.

Few people unfortunately bother to read the small print of anything they sign. Whether it be of a personal or business matter. 

Jemma01

Where I lived before, I tried so hard to get the mgmt company to hire a parking mgmt company. Each property was allocated 1 parking spot as in the deeds. We had some flats with two cars that were representing the other flats, and obviously knew they'll be disadvantaged by it. We had other properties that wanted "visitors" to park despite them already parking there! So we'd have full car park in no time. So pleased I moved out.

The only problem I see is if you don't have a car, but have visitors, this would be a problem for you, because as ar as you're concerned that spot belongs to you and you should decide if your visitors can use it or not.

With that said, and seeing you've changed your story from "I live" to "my tenant", you could be playing with multiple cars and visitors disrupting the enjoyment of other ppl's parking spaces.

user1977

Surely the straightforward way of dealing with it (as is done in some places) is just to issue residents with permits and they can stick it on the dashboard of whichever car is legitimately using their space?

eddddy

user1977 said:

Surely the straightforward way of dealing with it (as is done in some places) is just to issue residents with permits and they can stick it on the dashboard of whichever car is legitimately using their space?

Yes - but that doesn't solve the problem, because...

• The permit sometimes falls off the dashboard onto the floor
• The occupant says the permit was clearly visible on the dashboard, the parking attendant says it wasn't
• The occupant forgets to swap the permit when they park a different car
• The freeholder is slow to issue a new permit

• (And it's not reasonable to have to pay a £100 fee for parking in your own allocated space, when those things happen.)

And so...

• The parking company issue parking charge notices - for say £100

• The parking company sends scary letters - and increases the charges further

• The parking company refuses to cancel the charge

• The parking company starts court proceedings claiming huge amounts of money as an intimidatory tactic, even though they have little chance of winning

• The freeholder's contract with the parking company says that the freeholder is not allowed to intervene in parking charge disputes

• Some people feel so intimidated by the parking company that they decide to pay hundreds of pounds - even though they were parking legitimately

So the solution is for freeholders (and management companies) to be much more diligent about the contract terms they agree to.

The freeholders should make sure that the contract gives adequate protection to legitimate occupants, and gives the freeholders greater control, the power to intervene, etc.


(But bearing in mind that some occupants might be 'baddies' as well. For example, their lease allows them to park one car in the car park - and when they park two, and the second car gets a PCN, they claim that the permit fell off the dashboard, when the permit was actually being used in another car.)