Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • nasescoba1985
    • By nasescoba1985 18th Dec 17, 1:51 PM
    • 106Posts
    • 54Thanks
    nasescoba1985
    PCN - parking in my own space
    • #1
    • 18th Dec 17, 1:51 PM
    PCN - parking in my own space 18th Dec 17 at 1:51 PM
    Hey guys.


    Cut a long story slightly short. I own my property in a small gated apartment development. The property mamagement director decided to implement a parking company ( CPM uk car park management ) last August because he was being petty and bitter that the residents were forming an association and complaining about the management of the complex + residents were using 2nd cars to park in visitors bays.



    Anyway, we all received our own permits without any justification, apart from a rubbish forceful email stating we were now having to dispaly these permits. I recieved one which is for my own parking space. Now, I had no choice at this moment in time but to abide by the new "rules" and put my permit on my dashboard and on this particular occasion a few months down the line, I shut my door and the wind must of blew the permit off.



    I received a PCN for parking in my own bloody space as my permit wasn't on the dashboard. Anyway I sent an appeal letter basically stating this is my own space and providing them with a copy of my permit , plus I explained the reasoning why my permit fell off. I also put in my letter, if this is rejected can they provide me with a popla code.




    I just received a letter back today rejecting my appeal explaining they acknowledge my proof of permit but because I didn't display the permit properly, I need to pay the fine. They obviously have the photo evidence on the letter to. Obviously no way in a million years am I paying these !!!!s any sort of money to park in my own private parking space. I also appealed via IAS, as i felt that i can atleast justify in court if need be, that i went down every avenue to try and overturn this charge. What do I do now?


    I had a quick look at the newbies thread which looks very helpful but there is a lot of detail on it so I'm not sure if my particular case is relevant and if I can get a template from someone so I can write back to these


    Thank you
    Last edited by nasescoba1985; 09-02-2018 at 8:52 AM. Reason: Add more info
Page 5
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:12 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    I don!!!8217;t see how anyone can be helping me when they are responding !!!8220; you went through the ISA, so they now have all the evidence against you !!!8220;

    How is that helping ? So you can understand my frustrations.
    • nosferatu1001
    • By nosferatu1001 10th Jan 18, 2:14 PM
    • 2,714 Posts
    • 3,365 Thanks
    nosferatu1001
    You dont own it. You have a lease on it - meaning you have the rights conferred in your lease but ONLY for the time of the lease. If you owned the freehold then you would own it fully and complete.

    So go over every part of your lease. Look for anything enabling them to bring in new regulations, any thing on permits etc

    If you pay up you WILL get harassed more. ABsolutely g'teed. You will be seen as an easy target.
    • beamerguy
    • By beamerguy 10th Jan 18, 2:16 PM
    • 7,507 Posts
    • 9,992 Thanks
    beamerguy
    I donít see how anyone can be helping me when they are responding ď you went through the ISA, so they now have all the evidence against you ď

    How is that helping ? So you can understand my frustrations.
    Originally posted by nasescoba1985
    Where are you picking this up from ?
    We know what the IAS is like, we were there at it's birth
    and look forward to being there at it's death.

    You can easily win this with a good defence so
    take on board everything that has been said.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:16 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    @ Nos, so I have no right to fight this case then ? I have already explained what my lease says.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:18 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    @ beamerguy, right now your response is what I needed. All I needed was a bit of encouragement and I felt I wasn!!!8217;t getting that initially. A few of the responses were negative and just made me feel like I have no right and no case.
    • beamerguy
    • By beamerguy 10th Jan 18, 2:19 PM
    • 7,507 Posts
    • 9,992 Thanks
    beamerguy
    @ Nos, so I have no right to fight this case then ? I have already explained what my lease says.
    Originally posted by nasescoba1985
    Nobody has said that ...... fight hard and win
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 10th Jan 18, 2:19 PM
    • 9,453 Posts
    • 9,188 Thanks
    The Deep
    But I am not your mate, I do not know you, and I am not sure I wish to.

    People on here have told you the legal position WRT leaseholds, I have advised you on making a claim for stress in the SCC, I suggest you take heed of the advice you have received here, or you could be about to make a very costly mistake.
    Last edited by The Deep; 10-01-2018 at 2:23 PM.
    You never know how far you can go until you go too far.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:22 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    OK thank you. Well the stress thing was a bit of a scare tactic, I!!!8217;ll claim for it if I have to, but i felt I would give my argument a bit more weight by claiming it!!!8217;s making me stressed and I!!!8217;ll take them to court for that reason
    • beamerguy
    • By beamerguy 10th Jan 18, 2:24 PM
    • 7,507 Posts
    • 9,992 Thanks
    beamerguy
    @ beamerguy, right now your response is what I needed. All I needed was a bit of encouragement and I felt I wasnít getting that initially. A few of the responses were negative and just made me feel like I have no right and no case.
    Originally posted by nasescoba1985
    It is only fair to explain your chances with the IAS which
    is simply a scam.

    Other than that, there is no reason why you would not
    win this especially if the dodgy solicitor is Gladstones

    Just read up on this crazy bunch, it only happened
    yesterday. It's residential .... just like yours

    http://parking-prankster.blogspot.co.uk/2018/01/link-parking-youve-been-gladstoned.html
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • nosferatu1001
    • By nosferatu1001 10th Jan 18, 2:28 PM
    • 2,714 Posts
    • 3,365 Thanks
    nosferatu1001
    OK thank you. Well the stress thing was a bit of a scare tactic, Iíll claim for it if I have to, but i felt I would give my argument a bit more weight by claiming itís making me stressed and Iíll take them to court for that reason
    Originally posted by nasescoba1985
    Youre deluding yourself if you believe that they would be in any way shape or form "scared" of a claim "for stress"

    You dont have ANY realistic hope of claiming for stress. None. Youve been told this more than once. Harassment - YES - absolutely

    I also never said you have no chance. But you need to look at every part of your lease. Including any right by them to bring in reaosnable regulations.

    The Deep owns properties so on leasehold is pretty good. I sugegst you STOP PANICKING
    Step away from your thread
    READ PROPERLY other threads

    THEN come back.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:31 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    Sounds very encouraging thanks

    The chairman of our residents association is back soon and he has a lot more knowledge on our residents rights etc, so I!!!8217;ll run it by him to.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:33 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    Yes and I have also mentioned harsssment in my case to.
    • The Deep
    • By The Deep 10th Jan 18, 2:38 PM
    • 9,453 Posts
    • 9,188 Thanks
    The Deep
    I understand his indignation, but we have seen so many "own space" cases fail because of failure to put in the hours.


    If you owned the land OP you could take them to the cleaners, but you do not. Car parks, playgrounds, tennis courts, corridors, stairways etc. are all "common parts" over which you have been granted access. The MA can allocate a different space for you to park at any time.
    You never know how far you can go until you go too far.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:41 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    @ the deep, ok fair enough. But even if don!!!8217;t own the land which obviously I don!!!8217;t, how would I go about fighting this if need be? Like I said, my lease states each apartment is allocated it!!!8217;s own parking bay which corresponds with the flat number. I don!!!8217;t actually have a plan of any sort in my lease though.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 2:43 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    Also there is nothing in my lease that states the management company can change anything, I.E parking etc. I also have a property information form which was signed by the managemt company and in this form, the questions asked wether the car park was restricted and required permits , in which the management company owner ticked NO. He also signed this , dated 2015. This was before the parking company was introduced obviously. Surely this document will help my case ?
    • nosferatu1001
    • By nosferatu1001 10th Jan 18, 2:48 PM
    • 2,714 Posts
    • 3,365 Thanks
    nosferatu1001
    Yes, this will help you
    You will of course defend any claim on the basis that your lease makes no requirement for you to:
    1) display a permit in order to park
    2) enter into a contract with the third party in order to park
    and so on.

    Sure there is no "from time to time" anywhere? No possibility that the MA can bring in reasonable regulations, make changes etc? Do you have exclusive use of the space?
    • IamEmanresu
    • By IamEmanresu 10th Jan 18, 2:51 PM
    • 2,404 Posts
    • 4,276 Thanks
    IamEmanresu
    Surely this document will help my case ?
    That is likely to.

    The courts sometimes take a bit of a shortcut when deciding these cases and decide that if the parking scheme was in existence when the lease was signed, then there was pre-existing expectation of parking control.

    If there was no parking control when you signed your lease, then they usually take it that the MA is interfering with a lease - unless there is provision as mentioned in the Link v Blaney case.

    Have a chat with the RA guy as they will be in the same boat as you.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 3:01 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    Nothing in my lease that suggests the managent company can change the parking of any sort. The only thing it says they have permission to change is if they need to do works on the property or build an extension etc. On schedule 2: The rights it states in my lease ..... use of retained parts - the right for the tenant and all persons authorised by the tenant to A.) To Park a private motor car or private motorcycle belonging to the tenant or its visitors in the parking space.
    • nosferatu1001
    • By nosferatu1001 10th Jan 18, 3:20 PM
    • 2,714 Posts
    • 3,365 Thanks
    nosferatu1001
    I did NOT MENTION PARKING! This is one of your issues - youre inserting words and making assumptions.

    I said ANYTHING to do with introducing regulations / making changes to the common areas etc.
    • nasescoba1985
    • By nasescoba1985 10th Jan 18, 3:25 PM
    • 106 Posts
    • 54 Thanks
    nasescoba1985
    Yes like I stated to you, the only thing in the lease as far as I can see so far is they have permission to change or alter the property in terms of extensions or building other residential properties etc. Basically gives them permission to do building works etc. Has absolutely nothing else in regards to changing anything.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,910Posts Today

8,246Users online

Martin's Twitter