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Lbc for parking in my own bay

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  • System
    System Posts: 178,094 Community Admin
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    @neeraj89

    You've read your lease and you've put in a strong defence of why their permit has no value. So assume you will stop using it now and stand by a) your principles and b) your confidence about their permits being valueless.
  • neeraj89
    neeraj89 Posts: 101 Forumite
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    The_Deep wrote: »
    Indeed, up the ante. Take a more threatening line with ther MA. Teell them that, if they think their contract with the PPC precludes them from cancelling this charge, they must pay it themselves, out of their profits, and not to include it in the service charge.

    Threaten that, if they decline, you will seek legak advice as to whether they, and their agents, are attempting to interfere with your leasehold right to quiet enjoyment of your property asgranted under the Landlord and Tenants' Acts.


    We had a meeting with our MA a couple of days back and I brought up this issue of PCN's on which they said that they didn't contract with parking management company and it was the developer (Bellway) in this case who has appointed Parking and Property Management (P&PM) to monitor the parking bays on our block of the estate.

    in September 2017 I contacted the representative of Bellway to cancel these tickets and below is her reply.
    quote
    Dear xxxj,

    I spoke with the parking people today regarding your PCN tickets.

    All permits were hand delivered with me as a witness. My understanding was you did not contact them until you received multiple tickets. Why didn't you contact them when you received the 1st ticket as the signage has been up for months.

    Unfortunately Bellway only instruct the company and we have no power to get any PCN's cancelled. We sign an agreement with them stating we will not have any power to cancel a PCN & if any Bellway staff or contractors get one they will have to go through the appeal process like everyone else, otherwise everyone would be come to me to cancel their PCN's which would mean there is no point having a company ensuring residents can park in their allocated bays.

    You can opt out of the scheme but if anyone else does park in your bay then they will not come out & ticket them.

    I appreciate it's not what you wanted to hear but I'm unable to help, sorry.

    Kind regards
    unquote

    Now my question - Should I send a letter to the Developer (Bellway) or the MA
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    Ask her for a copy of the agreement.
    Ask her if she personally witnessed YOU being given the permit.
    Opt out of the scheme urgently and ask her why this was not communicated to you upon purchase.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 28 March 2018 at 12:50PM
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    So, go after Bellway. Kick @rse. Cleary this regime is not in the best interests of the occupiers.
    You never know how far you can go until you go too far.
  • neeraj89
    neeraj89 Posts: 101 Forumite
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    Loadsofchildren123 wrote: »
    Ask her for a copy of the agreement.
    Ask her if she personally witnessed YOU being given the permit.
    Opt out of the scheme urgently and ask her why this was not communicated to you upon purchase.

    My email to Bellway

    Dear xxx,

    I have now received a Letter Before claim for the 6 PCN's which I had mentioned to you in my email dated 15th September 2017 and want the below information from you urgently.

    1) Did you personally WITNESS the permit being given to me ??

    2) I need a copy of the agreement which you have mentioned in your emailed dated 19th September 2017.

    3) I would like to immediately opt out of this scheme with P&PM.

    4) I need an explanation as to why this wasn't communicated to me at the time of purchase.

    Would appreciate your quick response

    Thanks
    xxx
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    If the MA says it's nothing to do with them then you pursue Bellway. Send them a version of the LBC that's on hairray's thread.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • neeraj89
    neeraj89 Posts: 101 Forumite
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    Loadsofchildren123 wrote: »
    If the MA says it's nothing to do with them then you pursue Bellway. Send them a version of the LBC that's on hairray's thread.

    I am just reading the LBC from Hairray's thread and will post it here once I do the necessary amendments.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    neeraj89 wrote: »
    My email to Bellway

    Dear xxx,

    I have now received a Letter Before claim for the 6 PCN's which I had mentioned to you in my email dated 15th September 2017 and want the below information from you urgently.

    1) Did you personally WITNESS the permit being given to me (given that in your letter you claim to have personally witnessed all permits being handed out) ??

    2) Please send me I need a copy of the agreement which you have mentioned in your emailed dated 19th September 2017.

    3) I would like to immediately opt out of this scheme with P&PM. Can you please confirm how I do that?

    4) I need an explanation as to why thise option to opt out of the scheme wasn't communicated to me at the time of purchase or at any stage since.

    I Would appreciate your quick response.


    I believe that Bellway is in breach of various aspects of the lease, most importantly the covenant of quiet enjoyment - its actions in allowing a private parking company to interfere with my rights to park in the space demised to me clearly interfere with my quiet enjoyment of the space. I do not believe Bellway has any rights under the lease to impose conditions on my right to park in my demised space which are not contained in the lease, specifically to impose upon me a third party contractual relationship, which includes the alleged right of a third party to seek to levy charges which are separate to the ground rent/service charge (namely extortionate charges for parking on a space which is part of my demised property). This has caused me loss and a significant amount of inconvenience. Since you have said that you are unwilling or unable to take any steps to have the charges withdrawn then I will have no choice but to send Bellway a Letter Before Claim and to proceed with a claim against Bellway should the PPC take any further steps of recovery against me.


    The issue of residential parking tickets, in which genuine residents who have a right to park end up being targeted by unscrupulous private parking companies, is notorious and Bellway should be doing everything it can to assist its leaseholders, not attempting to absolve itself of responsibility.


    Thanks
    xxx

    Some suggestions for you
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    I'm just reading your lease. You've blanked out the definition of the property. Does it include the parking space? Or is the parking space just allocated to you? The wording of the lease suggests the latter but I need to see the definition of the property. The Bellway letter may have to be different if the parking space isn't part of the demised property (ie the property you bought the leasehold of) but is just an allocated space.


    BTW this doesn't change anything, but it's an important distinction for the letter.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    Did you realise you aren't allowed to sing in your flat (Sched 4, clause 14):rotfl:
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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