Multiple PCN's when permit displayed

Fruitcake · 31 December 2017 at 3:41PM

Those are good emails you have sent. Twice you stated there is no mention of a parking scheme in your lease and twice they have told you to check your lease. What a bunch of muppets.

I take it you do have a copy of your lease. If that is the case then you should quote the relevant sections to them, reiterating that you have told them (now three times) there is no requirement to accept a permit scheme. Tell them that should this come to court they will be jointly and severally liable for their actions, including a DPA breach that could cost them up to £750 per offence (and it is an offence.)

Tell them this is what judges have said about residential parking. Point out again that they are jointly liable for the actions of their agents, and stop telling you to contact the unregulated and proven to be rogue parking scammers.

The PPC are IPC members and there is no independent appeals service available. The one they have allows less than 20% of appeals, and does not comply with the Alternative Dispute Regulation Act 2015. (Full name is The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.)

Biggkidd · 3 January 2018 at 11:54AM

nosferatu, I am no legal expert so i have no idea what kind of statement i was looking for. This is why i asked the MA to highlight where in the document it gave them rights over my lease and that i would compare. Regardless of this, surely my lease has primacy over ANYTHING they wish to bring into play? What would be the point of a lease if this was the case?

Can you point out where in the Memorandum of Association it states the Management company is tasked with looking after communal spaces and common parts of the estate? I would like to see how this statement compares to my lease.

All i got back from them was 'It's in that document'....hardly helpful.

Fruitcake, yes i do have a copy of my Lease. Nowhere does it state that i need to display any such thing, In all honesty, this was part of the appeal of purchasing the property in the 1st place!! I will send another email providing statements from my Lease as you have mentioned,

Should i post here for critique?

Coupon-mad · 4 January 2018 at 2:12AM

Yes, by all means.

Biggkidd · 4 January 2018 at 2:14PM

My possible reply to MA.....

My apologies for not following up your reply sooner, but I wish to take no part in any face-to-face discussion regarding the parking on the estate.
As mentioned to you in previous correspondence, my lease makes no indication for a Resident to display a permit at ANY time. You suggested I contact the Landlord concerning the Covenants within my Lease but I have no need to do this as the conditions are in black and white, and are as follows;

Quiet Enjoyment
That the Leaseholder paying the rents reserved by this Lease and performing and observing the covenants contained in this Lease may peaceably enjoy the Premises during the Term without any lawful interruption by the Landlord or any person rightfully claiming under or in trust for it.

Mutual Covenants

3. Not to use the Car Parking Spaces or any part of the estate for the housing or parking of any vehicle other than a taxed and road worthy private motor vehicle.

16: No caravans, mobile homes, boats or trailers whatsoever and no commercial vehicle exceeding 3500kg shall be parked at any time on the Car Parking Spaces or any part of the Estate except temporary use of removal and delivery vans.

17: Not to permit any vehicle of any description belonging to the Leaseholder his family servants’ visitors or licensees to remain on any part of the Common Parts in such a manner as to obstruct the ready approach to any building or part of the estate.

Easements, Rights and Privileges

1: The right for the Leaseholder and all persons authorised by the Leaseholder (in common with all the other persons entitled to like right) at all times to use the Common Parts for all purposes incidental to the occupation and enjoyment of the Premises and the Visitors Parking Space (but not further or otherwise).

6: The right on a first come first served basis for bona fide visitors of the Leaseholder to park a private motor vehicle on the Visitors Parking Space for a period not exceeding 36 hours in any one time.

As you can see, none of the terms within these deeds has been violated. None of the terms within these deeds makes no indication that a permit policy was in force. Citing these reasons, I wish to make it clear that I will NOT be displaying a permit in future. I am omitting myself from the scheme. Should any of the existing parking charges associated with my vehicle result in court action, I will deem you responsible in any counter-claim I raise, citing a Breach of Data Protection and Torturous Interference of my contractual rights.

Regards

Biggkidd · 4 January 2018 at 2:15PM

**None of the terms within these deeds make any indication that a permit policy was in force**

Biggkidd · 4 January 2018 at 2:22PM

Not sure whether this is a good time to mention this but i already have a claim raised against me for another PCN. I contacted the DVLA to request who and when my details were provided. Today I discovered It turns out the PPC have reused my data as they haven't requested it on every occasion. Where do i stand with this?

nosferatu1001 · 4 January 2018 at 2:25PM

Tortious

Point out that the MA as principal are liable for the actions of their agents. You are formally requiring them to cease and desist from interfering with your lease, and are to order their agents to do the same.

Are there any sections of the lease allowing for the introduction of new regulations?

Biggkidd · 4 January 2018 at 2:43PM

Thanks for the correction nosferatu, bloody auto correct!

It mentions the need to comply with reasonable regulations as the Landlord may make from time to time. My argument would be, this directive hasn't come from the Landlord.

nosferatu1001 · 4 January 2018 at 3:09PM

Unless the landlord delegated that to the ma.

However, it isn’t “reasonable” to derogate your grant by requiring you to display a permit. It isn’t reasonable to suggest you have to contract with a third party to do something your lease already gives you rights to do. It isn’t reasonable to require you to pay sums to this company either!

Tell the MA that you require a copy of the contract. They work on your behalf, so you have every right to see the contract AS A LEASEHOLDER

The_Deep · 4 January 2018 at 3:31PM

Interference with your rights to "peaceful enjoyment" of your property may be a breach of your rights under The Landlord and Tenants Acts.

Have you seen this?

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Multiple PCN's when permit displayed

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