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Resident Parking

edited 8 January 2018 at 10:50PM in Parking Tickets, Fines & Parking
302 replies 20K views
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  • beamerguybeamerguy Forumite
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    markudman wrote: »
    Hi its been a while since I posted,
    I have been away fighting this I had no luck with the management company, I had no luck with the local MP, no luck with trading standards, I have now Printed a 1000 leaflets, set up a email address, a phone no, and have spoken to lots of residents and am going to fight from a different angle, we also have a election of councillors in May and am going to use this to get the MP to actually do something,

    The only thing necessary for the triumph of evil is for good men to do nothing.

    Tell your MP why you will not be voting for him in future
    and get the local press or TV involved to expose this
    RBS - MNBA - CAPITAL ONE - LLOYDS
    DISGUSTING BEHAVIOUR
  • Half_wayHalf_way Forumite
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    there's a thread on 0308099 they may be of interest http://forums.pepipoo.com/index.php?showtopic=114450
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • edited 4 April 2018 at 4:46PM
    markudmanmarkudman Forumite
    350 posts
    edited 4 April 2018 at 4:46PM
    Can someone comment on this statement from a law point of view, I got from the Landlord?
    Many thanks

    With regards the specific issue that you consider your Tenancy Agreement allows
    you ;unfettered rights to park within the common areas on the estate, it is
    view that the Tenancy Agreement is silent on the matter of parking and
    makes no reference to unfettered rights; to park. All residents have a right to use
    the common areas but this does not supersede the parking control arrangements
    which were reviewed in consultation with residents last year.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudmanmarkudman Forumite
    350 posts
    beamerguy wrote: »
    Tell your MP why you will not be voting for him in future
    and get the local press or TV involved to expose this
    I had them round yesterday, they got a mouth full why I will not be voting for them, and why I am going to talk to all 600 residents on why they too should not vote for him
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudmanmarkudman Forumite
    350 posts
    has anyone heard of the The Localism Act ??
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • FruitcakeFruitcake Forumite
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    markudman wrote: »
    I had them round yesterday, they got a mouth full why I will not be voting for them, and why I am going to talk to all 600 residents on why they too should not vote for him

    Well played! :T:T:T
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • edited 4 April 2018 at 5:15PM
    Coupon-madCoupon-mad Forumite
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    edited 4 April 2018 at 5:15PM
    Dear MA,

    Thank you for confirming my right (otherwise known as a grant) to use the common areas, where you have stated:
    All residents have a right to use the common areas

    I see that you go on to give this opinion, with no source or legal backing:
    but this does not supersede the parking control arrangements which were reviewed in consultation with residents last year.
    On the contrary, it is my honest believe that my primacy of contract, my grant to use the common areas, does supersede any arrangement you have come to, without due diligence or even Googling the reputation of this ex-clamper firm, which has immediately created a nuisance by penalising residents.

    This is a derogation from grant. Even if the landlord (or the Managing Agents but only if allowed under the terms of the lease) can make regulations for the 'comfort and convenience' of lessees, this does not cover entering into agreements with firms whose modus operandi and agenda aims to actually penalise those residents you might have been led to believe, are receiving a service. Imposing an aggressive third party on residents is unacceptable and not excused by any clauses in any agreement.

    The fact that my tenancy agreement is silent about extra 'charges' or 'permit' obligations works in my favour, not yours.

    Since there has been no variation of the residents' agreements under the Landlord and Tenant Act 1987 you cannot impose this charging regime via a back door method of 'signs and permits'. I understand that for such a variation to have been agreed by the residents, 75% of the parties must have consented and not more than 10% must not have objected to any proposed material change (which this most certainly is).

    PCM present a significantly detrimental material change and provide no service that is for the comfort and convenience of the residents here. I do not recognise any authority from the parking company you have chosen to impose upon residents. For the avoidance of doubt, I have entered into no contract with PCM and no variation of my tenancy agreement has occurred. You cannot just allow a third party (notoriously litigious and aggressive) firm to put some signs up and pretend that overrides my rights.

    If it is your belief that I am wrong, please show me your evidence of:

    - the clause that allows you as Managing Agents to impose this nuisance upon residents, and

    - all letters sent to residents about this regime, specifically warning them about extra £100 charges, and

    - the consultation undertaken by the landlord and the percentages of responses in agreement, or otherwise.

    - how much of the proceeds of paid 'parking charges' is given back to the landlord/Managing Agent under the contract?

    - how this is to be used for the convenience of the residents or shared with them/deducted from the service charges? If not, how are you planning to use the bounty paid (if any) and did you mention that figure, in the communications with residents?

    As I understand it, the law requires that leaseholders (including tenants of private sector properties) paying variable service charges must be consulted before a landlord enters into a long-term agreement for the provision of services.

    I would draw your attention to case number D7GF307F - UKCPM v Mr D - before Deputy District Judge Skelly on 1st February 2018 at Clerkenwell, a similar thin excuse of an argument from a private parking firm inflicting a nuisance on residents & visitors was dismissed. When not sitting as a Judge, DDJ Skelly is a barrister specialising in property law. The managing agents were named as a party to the lease, and there was a clause which said that they could make regulations for the 'comfort and convenience' of lessees. However, this could not excuse a change as intrusive and onerous as to override the grant of free resident/visitor parking, effectively restricting and charging for a right previously enjoyed, without the required consensus and deed of variation. The Judge remarked that this would be like the agents suddenly stipulating that residents had to hang a Union Jack out of the window whenever they were at home. Even if a few residents went along with it, such imposition (and certainly a three figure charge for supposed breach of an obligation that is unsupported in lease agreements) is a nuisance, clearly unreasonable and not in the interests of the consumer.

    Kindly note my formal objection to the nuisance you have inflicted upon me as tenant, and show me the consultation you mention took place, including all letters explaining the regime/permits and all response percentages, including the numbers of ''no reply''. In the meantime, I am sending a copy of this letter to:

    A - PCM, so that they are fully aware that they are trespassing against my vehicle and that I have accepted no 'contract'.

    B - my MP, Mr/Mrs xxx xxxxxxx who has been appraised of the 2nd February 2018 Parliamentary debate about private parking firms and is now well aware of the issues, where the House concluded: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    C - Trading Standards, to investigate why a firm like PCM, with their (easy to find) horrendous reputation, were imposed without proper consultation at this location, causing detriment and loss to residents who are all entitled to expect due diligence from their Managing Agents and peaceful enjoyment of their property.


    Yours faithfully,
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-madCoupon-mad Forumite
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    markudman wrote: »
    has anyone heard of the The Localism Act ??
    No, that's a new one on me, can you add it to the sort of robust letter I am suggesting?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • SystemSystem
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    The Localism Act 2011 has nothing to do with private parking. It's all to do with how Parishes and other councils divy up the work / costs/ income.

    Why do you think it might be relevant?
  • markudmanmarkudman Forumite
    350 posts
    The Localism Act 2011 has nothing to do with private parking. It's all to do with how Parishes and other councils divy up the work / costs/ income.

    Why do you think it might be relevant?
    this was the final paragraph in there response to my complaint

    If you remain dissatisfied with this decision, as a result of The Localism Act you have
    the right to refer your complaint for consideration by a designated person. This could
    be your local MP or councillor. You can direct your complaint to the Ombudsman
    (contact details below) after eight weeks.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
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