Gladstone Solicitors - 'Letter before claim received'

littleinholmes · 7 November 2018 at 12:01PM

IamEmanresu wrote: »

Were the parking company there before you moved in or afterwards?

The issue will also be whether the matter was minor (de minimis) or major (obstruction). The pics will tell the story.

UKCPM were in operation before I moved in to my property.

I was not obstructing anyone other than my brother's drivers door. We have two permits and both of us together were occupying two spaces. Nobody else was affected.

Do you think a statement from my brother would be useful to submit as evidence?

littleinholmes · 7 November 2018 at 12:02PM

Coupon-mad wrote: »

Never assume! we don't think they will have given adequate notice to the resident at the time and they didn't give adequate notice to you!

Write to the MA asking for a copy of the Notice they served (or notices if more than one) to the residents at the time that they imposed the current unsuitable parking regime, as you cannot believe that this has been properly agreed as a variation of the leases, with a consensus of 75% or more leaseholders voting in favour of this horrendous and onerous enforcement, as is required under the Landlord & Tenant Act.

Ok thank you - I will write to the MA today and also copy in my Residents Association so they cannot play me off against each other (as they have done in the past).

Coupon-mad · 8 November 2018 at 1:33AM

Do you think a statement from my brother would be useful to submit as evidence?

Yes it can't hurt, but a witness statement is best if the author can also turn up at the hearing in support, and so the extra WS is not dismissed as hearsay.

System · 8 November 2018 at 7:33AM

UKCPM were in operation before I moved in to my property.

You'll have to watch for that one as it could be construed that you were aware of the restrictions / operations that were implied when you started to live there. They've won on this point before.

Looks like it will come down to the pics and whether the matter was trifling. A WS from your brother would be a big help especially if you can portray their actions on site as predatory rather than business-like.

Other WS along the same lines from other residents would help too.

The_Deep · 8 November 2018 at 10:15AM

I am not feeling particularly positive about my case against Gladstone Solicitors

Magic circle they are not. Read some of these, it may make you feel better.

https://www.bing.com/search?q=ou%27ve+been+gladstoned&form=EDNTHT&mkt=en-gb&httpsmsn=1&refig=65dcc3a252404462ca420dde91251054&PC=ACTS&sp=-1&pq=ou%27ve+been+gl&sc=0-13&qs=n&sk=&cvid=65dcc3a252404462ca420dde91251054

littleinholmes · 8 November 2018 at 11:21PM

Coupon-mad wrote: »

Never assume! we don't think they will have given adequate notice to the resident at the time and they didn't give adequate notice to you!

Write to the MA asking for a copy of the Notice they served (or notices if more than one) to the residents at the time that they imposed the current unsuitable parking regime, as you cannot believe that this has been properly agreed as a variation of the leases, with a consensus of 75% or more leaseholders voting in favour of this horrendous and onerous enforcement, as is required under the Landlord & Tenant Act.

So I have now had a response from the MA, they have stated that there has been estate-wide parking enforcement for the last thirteen years as per the extract from the lease (that I have quoted above).

They also state:

"As the Residents Association is informal, it was the Freeholders decision to go ahead with the parking enforcement for the benefit of the Estate (many residents from surrounding properties were using the Estate for parking). Each individual property has been issued with 2 permits which allow Estate residents to park freely in any of the allocated bays thus there should be no issues for residents."

I am really not happy with this response, they haven't said whether they actually gave notice to the residents nor provided any evidence to say they did at the time! And to say there "should" be no issues for residents is a joke... between myself and my brother we have had five PCNs in less than three years!

nosferatu1001 · 9 November 2018 at 9:28AM

So you go back and force that point

Where was the required notice showing 75% agreement?
HOw does it square with the right to peaceful enjoyment?
How is it to the benefit of the leaseholder, how is it reasonable?

The_Slithy_Tove · 9 November 2018 at 11:13AM

nosferatu1001 wrote: »

How is it to the benefit of the leaseholder, how is it reasonable?

In particular, how can the remedy for a breach of any regulations be to pay a third party stranger to that lease a sum of money?

littleinholmes · 9 November 2018 at 11:48AM

nosferatu1001 wrote: »

So you go back and force that point

Where was the required notice showing 75% agreement?
HOw does it square with the right to peaceful enjoyment?
How is it to the benefit of the leaseholder, how is it reasonable?

Thank you - I have emailed them back with your suggestions and also asked the following questions:

*As the contract holder, has the MA collected any data as to the satisfaction of the residents in relation to the parking enforcement?
*Can you confirm your definition of "issues"? Myself and my brother have received five PCNs within three years, does the MA consider these as "issues"?
*Does UKCPM provide the MA with any data as to their performance, or to what proportion of the PCNs are issued to residents displaying valid permits?
* Does UKCPM provide the MA with any data at all or are they ungoverned?

I have also asked them to identify the reason why they have excluded the Residents Association from their response to me... perhaps because they have labelled the RA as "informal" which may not go down too well!

littleinholmes · 13 November 2018 at 5:31PM

I have now had a response from the MA:

Thank you for your response.

As you will appreciate the introduction of enforcement was many many years ago so it is difficult for me to comment, however I am sure it would have been raised at an AGM at the time to gain resident feedback prior to it’s introduction as a matter of courtesy. The residents association may be better placed to give you more information on how it came about?

The enforcement itself is often discussed at regular committee meetings with the residents association and routinely bought up in the annual general meeting overall receiving very good feedback on it’s operation and success. If there was noise for a change we would look at this, but as it is residents on the whole do seem satisfied. It will again be on the agenda at the next AGM.

Despite receiving no commissions from CPM we do continue to work closely with them to improve the service. I understand that historically parking was very challenging with cars parking everywhere including verges etc so this bought a great sense of relief to many. Unfortunately I am not permitted to share the contract with CPM with you however the notices on site do clearly detail their instructions. It is unfortunate that you have received Five PCN’s in the last three years but assume these were for breaching the clearly signed regulations as they have not been appealed/overturned?

I trust that this clarifies. If you have any further concerns do please let me know.

Of the five PCNs issued to myself and my brother - four of them were overturned after successful appeals. The fifth PCN is the one this thread is about.

I will contact the RA about the notice given/AGM minutes.

Any other suggestions? Everything is appreciated!

Gladstone Solicitors - 'Letter before claim received'

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