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VCS Parking Fines - Now Court Papers arrive URGENT ADVISE PLEASE

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  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Did you do this search and write with this detail about the L&T Act?
    Coupon-mad wrote: »
    If you didn't agree and you own the flat a you say, you need to read all the threads you find when you search:

    Landlord Tenant Act consensus Managing agent

    ...and then ask your MA why the heck they have foisted a scam on you, and why they failed to obtain a consensus among leaseholders first, to formally vary your leases (which you would never have agreed to, and have never been asked to agree to).
    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
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    edited 20 July 2018 at 11:31PM
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    Are Premier the managing agents or the freeholder/landlord?

    If they are the MA it might be that the contract with VCS is not with them - but with the freeholder/landlord.

    It might be worth asking Premier (if you get nowhere this time) who are the two parties to the contract - if it's not them then they may not be able to cancel tickets. Mind you they might have told you that! Ask them who the other party is and by what authority the PPC was introduced.

    As ever, I agree with others that no-one should be ticketed for parking in their own, owned space. Although, it sounds from what has been said it may be a car park with no allocated spaces?

    ETA.

    Read the thread again and it looks like that Mainstay are the landlords/freeholder. Sorry - missed that!. They could have instructed Premier to appoint a PPC and the contract may be with them. Worth clarifying
  • karenep
    karenep Posts: 26 Forumite
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    Received a response from Premier Estates, who I would imagine make money themselves out this this. I have not had any monthly updates, not did I ever write and agree to a Permit sheme. We do not live at this address, our Daughter does, she lets it from us. We often use a variety of Cars when visiting usually for maintenanc work needed.

    Premier are the Management Company, the Lease is with Mainstay.


    Good Afternoon Karen,

    Unfortunately we are unable to assist you with cancelling parking tickets received under the parking management scheme at Life 3.

    The scheme has been in place since 2015, with renewed parking permits issued to the properties each year.

    The below was the notification of the introduction of the parking management scheme, sent to leaseholders in February 2015:

    Parking Permits/Enforcement

    As you are aware from previous Periodic Monthly Updates, we are in the process of introducing a Parking Permit/Enforcement System. The delay with this was due to a small number of allocated parking bays being registered incorrectly with Land Registry. This issue has now been resolved and we are in correspondence with the allocated contractor Vehicle Control Services Limited (VCS) to arrange for mobile patrols on the development.

    In order to prevent unauthorised parking on the development, each vehicle will need to display a valid parking permit at all times in their vehicle. Any vehicle that does not display the parking permit will be issued with a fixed financial penalty. This will also apply to any vehicles not parked in their correct parking bays and applies to both underground and external parking bays. One parking permit per parking bay will be issued free of charge at a later date, once a date for the patrolling to commence has been confirmed.

    In order to proceed please could you kindly email emma.senior@premierestateslimited.com to confirm the details of your vehicle:


    Vehicle Make and Model
    Vehicle Registration Number


    The parking at Life 3 is allocated and one permit issued per bay. Should you wish for other vehicles to park there then it is your responsibility to either ensure the parking company are aware !!!8211; either directly or via us, or alternatively, allow the second vehicle to use the permit for the bay.



    I have checked the previous correspondence regarding this and VCS have already advised that at the time of issue you made no attempt to either appeal or offer mitigating circumstances in order to have the tickets revoked, which resulted in them proceeding to the next stage !!!8211; court.



    With reference to your advising that the parking space belongs to your property I would refer you back to your lease, specifically Schedule 3, clause 9:



    !!!8220;Not to cause any obstruction in or on the said shared driveway drives or access roads and footpaths adjacent or leading to the building by leaving or parking or permitting to be left or parked any motorcycle bicycle perambulator or other vehicle belonging to or used by any of his friends servants or visitors and to observe all regulations made by the company from time to time relating to the parking of such vehicles!!!8221;



    This includes the implementation of a parking management scheme.



    I appreciate that this is not the answer you were hoping for however there is nothing more we can do to assist you in this matter.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    Can I just check re your parking space.

    Is one defined in your lease as yours? Specifically, referred to. If not, how was it allocated to you?

    In terms of fobs. Unfortunately, the system doesn't
    always work. Residents use them to let their friends/relatives in - and I've known them not to be returned when someone leaves (just in case!)
  • karenep
    karenep Posts: 26 Forumite
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    Hello Neil. Appreciate your assistance. Defined within the Lease we have a Car Park Plan and ith it an associated and high-lighted parking space being the one we and the Tenants use.

    The fobs they issue are not essential, yes people can let anyone in and even the VCS man himself by passes this at times, putting his hand through the metal gates, turning an operation switch to manual and pushing them open. We had to replace ours recently, at a charge of £45.
  • karenep
    karenep Posts: 26 Forumite
    edited 25 July 2018 at 1:13PM
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    Ralph-y........This is very interesting, would I contact my local MP where I live or at the address (that we own and let) where the parking charges relate to?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Respond back stating:

    The regulations cannot be made so that they:
    1 )Derogate from the granted use of the space
    2) REquire the lessee to contract with a 3rd party to park in the space granted to them
    3) Require the lessee to pay a sum outside of that agreed in the lease, and to a 3rd party who has no rights whatsoever under the lease.
    4) interefere with the peaceful enjoyment of the property

    Cancel the charge, remove my space from the scheme, or be on the receiving end of an injunction prohibinting your agents trespass on my land, and a bill for damages.
  • karenep
    karenep Posts: 26 Forumite
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    Do I write exactly that?, I find Premier to be so obnoxious and want to be clear in everything I write to them - they look quite happy to go court route.

    I guess removing me from the Scheme does not affect my right to the allocated space?
    Respond back stating:

    The regulations cannot be made so that they:
    1 )Derogate from the granted use of the space
    2) REquire the lessee to contract with a 3rd party to park in the space granted to them
    3) Require the lessee to pay a sum outside of that agreed in the lease, and to a 3rd party who has no rights whatsoever under the lease.
    4) interefere with the peaceful enjoyment of the property

    Cancel the charge, remove my space from the scheme, or be on the receiving end of an injunction prohibinting your agents trespass on my land, and a bill for damages.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    No, it just gets you away from the lease-breaking harassment from the trespasser

    Let others comment. DO NOT rush this.
This discussion has been closed.
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