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Parking Ticket in My Spot - Appeal Rejected - P4Parking

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  • MercilessKiller
    MercilessKiller Posts: 7,143 Forumite
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    Thanks! I've written to my local MP with a long and strong note about what's happened here. Meanwhile look forward to other responses of my queries above.
    [FONT=Arial, Helvetica, sans-serif]"The internet is a great way to get on the net."
    - Bob Dole, Republican presidential candidate
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  • Coupon-mad
    Coupon-mad Posts: 131,349 Forumite
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    The management company switched hands from the original management company, to a different one which the residents voted on and took over the development 6 months ago.
    So why didn't the new ManCo kick out the scumbags? Do it now.
    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
  • MercilessKiller
    MercilessKiller Posts: 7,143 Forumite
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    Coupon-mad wrote: »
    So why didn't the new ManCo kick out the scumbags? Do it now.

    I've been told by a fellow resident (who's on the residential board) that they are reviewing the termination process but that can only be confirmed once we've got a replacement. We do have problems with unauthorised parking over the development blocking access to emergency services from some housing association tenants so I think they do want to progress with some form of protection against that.

    But I think it's pretty clear that they should be acting in the best interest of the owners, not of their own pockets.
    [FONT=Arial, Helvetica, sans-serif]"The internet is a great way to get on the net."
    - Bob Dole, Republican presidential candidate
    [/FONT]
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    " for the benefit of use and enjoyment of the Development or any part thereof"

    Claiming your right to park can be removed or fettered isnt to your benefit or enjoyment
    Claiming you are required to entere a contract in order to park, and can be charged £100 for the privilege, likewise.

    Tell your M Co to get it cancelled, as they are liable for the actions of their agents. Their agents are trying to interfere with your lease, which is a tort.
  • MercilessKiller
    MercilessKiller Posts: 7,143 Forumite
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    edited 13 July 2018 at 4:09PM
    Hi There

    So they've already told me they won't be able to interfere with the ticket but I'm thinking of sending the following - any advice?

    "Dear Sir

    Thanks for getting back to me yesterday regarding the queries I had on my recent parking ticket.

    I've read through my lease in detail and can confirm that the terms of my lease have been broken by P4Parking, and the contract undertaken by the management of the development to enforce rules that I never agreed to as a resident.

    There is a specific term in the lease that defines Estate Regulations as "for the benefit of use and enjoyment of the Development of any part thereof" - In this particular case, removing my legal right to park is not related to displaying any such permit.

    In addition, I have not entered into any contract that would charge me £100 (the P4Parking ticket cost) for the privilege of using my right to park in my Allocated Parking Space.

    I would also like to point out that, contrary to your email, it appears that many permits do not have a number plate registered with them. I must pose the question to you as to what benefit there would be for the resident to register a number plate on a permit, if not to ensure a central system has a record of which car should be parked in which spot?

    As you are liable for the actions of the 3rd party in this particular situation due to conflicting with my lease agreement, I would appreciate your immediate action to have this ticket withdrawn. The 3rd party is interfering with my lease, which is a tort.

    Please let me know if you'd like any further information to help in ensuring a quick resolution. I'm also aware that you're currently reviewing potential replacements for P4Parking, and I would strongly recommend ensuring that our lease agreement is not broken by any other 3rd party.

    Yours Faithfully,

    [Name, address, date, number etc...]

    How does this sound as a first message to the management company? I don't have the "senior managers" name but assuming my contact (Alan) will forward appropriately.
    [FONT=Arial, Helvetica, sans-serif]"The internet is a great way to get on the net."
    - Bob Dole, Republican presidential candidate
    [/FONT]
  • System
    System Posts: 178,090 Community Admin
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    It looks like it has covered the bases but the issue with all MA's is that they have no money. If you sue them (as you can) it will be you and the others that have to cough up.

    Bottom line is you have actually to be merciless in all this and follow through / upset the others.
  • Umkomaas
    Umkomaas Posts: 41,326 Forumite
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    Hi Alan
    Kind Regards
    Isn't the way to start and end a business letter that may be a precursor to a legal fight. Far too chummy.

    Dear Mr ...... / Yours sincerely

    Dear Sir / Yours faithfully
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • MercilessKiller
    MercilessKiller Posts: 7,143 Forumite
    First Post First Anniversary Combo Breaker
    Umkomaas wrote: »
    Isn't the way to start and end a business letter that may be a precursor to a legal fight. Far too chummy.

    Dear Mr ...... / Yours sincerely

    Dear Sir / Yours faithfully

    Thanks - I only know the person at the management company as Alan so will go with the Dear Sir and yours sincerely. Updated.
    [FONT=Arial, Helvetica, sans-serif]"The internet is a great way to get on the net."
    - Bob Dole, Republican presidential candidate
    [/FONT]
  • Umkomaas
    Umkomaas Posts: 41,326 Forumite
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    Thanks - I only know the person at the management company as Alan so will go with the Dear Sir and yours sincerely. Updated.

    Nope! You will go with Dear Sir / Yours faithfully.

    'Yours sincerely' is used when the salutation includes the person's name.

    Did you not cover this in 'letter writing' lessons in school? It was drummed into me.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • MercilessKiller
    MercilessKiller Posts: 7,143 Forumite
    First Post First Anniversary Combo Breaker
    Umkomaas wrote: »
    Nope! You will go with Dear Sir / Yours faithfully.

    'Yours sincerely' is used when the salutation includes the person's name.

    Did you not cover this in 'letter writing' lessons in school? It was drummed into me.

    Ha - I work in a US tech company I'm afraid. We're more used to using interrobangs than correct formal english. I do appreciate the heads up though ;) Changed.
    [FONT=Arial, Helvetica, sans-serif]"The internet is a great way to get on the net."
    - Bob Dole, Republican presidential candidate
    [/FONT]
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