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  • FIRST POST
    • BreadedScampi
    • By BreadedScampi 3rd May 18, 2:49 PM
    • 25Posts
    • 13Thanks
    BreadedScampi
    One Parking Solution - Rejected Appeal for parking in my own space
    • #1
    • 3rd May 18, 2:49 PM
    One Parking Solution - Rejected Appeal for parking in my own space 3rd May 18 at 2:49 PM
    A month or so ago I received a parking ticket for parking in my own space. I am the leaseholder of a flat above the parking garage in question, which gives me access to 1 allocated parking space.

    Recently the management company brought on have renewed their contract with One Parking Solution, allowing them to enforce to start enforcing parking spaces. This was to prevent visitors from parking in residents' spaces. I was issued with a parking permit, but had forgotten to display it in time and duly received a parking charge for 100.

    My leasehold agreement states the following under "Rights Granted":
    10. The right for the Lessee to park a single domestic private motor vehicle in the Parking Space numbered [x] and shown edged red on Plan 2 subject to any Estate regulations and subject to the right of the Lessor or Estate Management Company to vary the layout and/or position of the Parking Space as may reasonably be appropriate
    In the Newbies sticky thread, under "Parking in your own space", there was a link to a blog by Parking Prankster who mentioned the idea of "Primacy of Contract".

    The idea behind primacy of contract is that a contract cannot be unilaterally altered by one party without the permission of the other. In the case of residential parking, the lease is the key document. If this gives the resident the unfettered right to park then this cannot be altered later, for instance by requiring a permit to park.
    I would like to use this argument in my appeal to Popla, but am not sure if I can due to that annoying clause in my leasehold agreement quoted above.

    Would subject any Estate regulations give my estate management company the right to force me to display a parking permit, and now pursue me for 100?

    I apologise if this has been covered somewhere, but I can't find anything of relevance to my particular leasehold agreement.

    Thank you all in advance for your help and the great work you do on this forum.

    Edit: Clarified second paragraph
    Last edited by BreadedScampi; 04-05-2018 at 7:25 PM.
Page 3
    • BreadedScampi
    • By BreadedScampi 10th Jul 18, 5:45 PM
    • 25 Posts
    • 13 Thanks
    BreadedScampi
    Have you thought about searching the forum for QDR?
    More specifically, I've been searching for One Parking Solutions court claims, and saw that someone else had received a Letter Before Claim from them recently. I had previously thought that they didn't litigate much. Can't find the exact thread now.
    • Coupon-mad
    • By Coupon-mad 10th Jul 18, 5:55 PM
    • 63,875 Posts
    • 76,534 Thanks
    Coupon-mad
    But no claims. The people I am helping all had LBCs months ago!

    I am in 'Team Umkomaas & IamEmanresu' on this one! You won't need a new suit for any court hearing in a hurry, with OPS. Ignore them and wait and see.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • IamEmanresu
    • By IamEmanresu 10th Jul 18, 5:57 PM
    • 3,769 Posts
    • 6,183 Thanks
    IamEmanresu
    It's getting a bit crowded out on this limb.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Coupon-mad
    • By Coupon-mad 10th Jul 18, 6:00 PM
    • 63,875 Posts
    • 76,534 Thanks
    Coupon-mad
    Hopefully the OP will twig...and we can leaf him to happily ignore OPS...


    I'd get my coat, but it's a bit hot!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BreadedScampi
    • By BreadedScampi 10th Jul 18, 6:57 PM
    • 25 Posts
    • 13 Thanks
    BreadedScampi
    Thanks for the advice and puns. I will put this one to bed for now, I was just curious about the potential outcome if it were to go to court.
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