UKPC windscreen for private space

Coupon-mad

h2g2 said:

The leasehold agreement gives you the "right to exclusively ... use the car parking space". That is a right that cannot be overridden by signs. This is a very easy win for you. I would suggest writing a cease & desist to UKPC telling them you have exclusive use of the space and they cannot charge you for its use, nor offer a contract or license to anyone for its use without your express permission, which is was not sought nor obtained.

But preferably better written than I just did. 

We agree with the above. 

Show UKPC only the clause about exclusive use and the blue space on the map. Nothing else.

breakerjacuzzi

Thanks everyone I’ve sent a further appeal and attached the documents and said I’ve sought advice.

I’ll update you in due course.

breakerjacuzzi

Hi everyone.
I appealed and they replied saying they’d graciously reduce the fine. I didn’t pay it and have appealed to POPLA instead but I’m not hopeful they’ll go in my favour. UKPC uploaded their contract with the buildings management company- I’m like… that’s nothing to do with me?? I didn’t sign or see that contract at all.

I’m just so stressed out with this all.

KoalaMSEF

That clause of additional permit system in the LPE1 can complicate things. Usually, people go to MA, complain, force them to step in to instruct the parking company to cancel the ticket. With the LPE1, MA can argue that you know it, it is in your LPE1. You could try to put a bit pressure on MA. 

There are some arguments to be made.
1. The contract the parking company has sent is NOT a contract between you and the parking company. The contract, they may argue, between you and the parking company is the Signage. You may need to look at the signage in your block. There may be some technical points to be made.

The point to the MA is
1. The lease overrides any non-legal binding document. (I don't know if there is a provisional clause in the lease that allows them to do something "at their discretion.")
2. Neither the lease nor the LPE1 say anything about parking for £100/day without a permit. Demanding £100/day for not displaying a permit is a breach of contract (the lease). 
3. You may file a counterclaim against MA for the breach of contract. 

Finally, 
There may also have a point to make about disability.

You can complain to MA (but the argument will be more nuanced with a lot of pressure). Or you can wait for the claim form to arrive from the court and fight it in front of a judge. 

It is a stressful experience (personally it's more about unfairness and anger). In my opinion, if they offer to settle again with £20 or less, I would take it just to save some hassle. Of course, there is a good chance that you do not pay anything.

The_Slithy_Tove

KoalaMSEF said:

That clause of additional permit system in the LPE1 can complicate things. Usually, people go to MA, complain, force them to step in to instruct the parking company to cancel the ticket. With the LPE1, MA can argue that you know it, it is in your LPE1. You could try to put a bit pressure on MA. 

Does the LPE1 constitute acceptance by the purchaser of whatever is stated in it? After all it's an "opinion" by the vendor or MA of their understanding of various aspects of the property. It's not a variation of the lease. IANAL but I would suggest that it doesn't bind the purchaser to such a scheme. If the form didn't mention it, and the purchaser was subsequently stung by the scheme, then it's the purchaser who may have some comeback.

KoalaMSEF said:

It is a stressful experience (personally it's more about unfairness and anger). In my opinion, if they offer to settle again with £20 or less, I would take it just to save some hassle. Of course, there is a good chance that you do not pay anything.

As Half_way says above, that could set a precedent and shows some kind of acceptance of the scam. For that reason, I would advise against. Unless it's accompanied by a letter that makes if absolutely clear that the payment does not in any way acknowledge the validity of their ticket or compliance to the permit scheme.

KoalaMSEF

I agree with everything you've said here the_Slith_Tove. 

Just share some personal experience of fighting a similar case, with countless correspondences with MA, my solicitor, and the director of the law firm, and the freeholder re. lease, LPE1 and their interpretations. 

Personally, I think we should fight for principle. It is unfair, not really legal either. However, we also need to acknowledge the stress when people have to deal with it. 

And opt out of the scheme. 

breakerjacuzzi

Hi everyone.
I heard today- they rejected my appeal and have said I now owe them £100 or it goes to debt recovery.

Coupon-mad

breakerjacuzzi said:

Hi everyone.
I heard today- they rejected my appeal and have said I now owe them £100 or it goes to debt recovery.

Normal. Ignore. No paying. You owe nowt.

See the 4th post of the NEWBIES thread.

breakerjacuzzi

Thanks appreciated.
Will ignoring the debt collectors impact my credit rating does anyone know? 

Coupon-mad

breakerjacuzzi said:

Thanks appreciated.
Will ignoring the debt collectors impact my credit rating does anyone know? 

Of course not.

We'd never put anyone at risk of that. This is already explained in the 4th post of the NEWBIES thread that I suggested you read first. 

Tell them if you move house, obviously, and come back if you get a claim form because clearly you don't ignore that.