Thanks so much for that reply and appreciate all the detail again. I'm aware P4Parking have *never* had a known case go to court (someone mentioned that earlier?) - If that's true, does that not strengthen the position of doing nothing or would you still suggest pursuing further?
We actually changed our management company in the development recently so replaced the original management company (who were the people who told me about the number plate optional requirement for this purpose). The new management company today sent me an email saying they did not know why I was told that, and also did not know anything about the "optional" element of registering a number plate as they "had not yet seen a permit without a numberplate registered" <-- This is quite odd - I imagine if I just go around the car park I'd see loads without one as it was totally optional and not required.
I have thought about applying for a new permit and saying I don't know what the number plate would be so getting a blank one, to show them the paradox.
I have provided quotes below from my lease that refer to the car parking spot and regulations. You'll see identical language from the other thread. Would I use this when emailing the management company (not the freeholder, or both?) telling them to get the permit cancelled? The management company implied they have no right to request the PPC to be rescinded in an earlier email to me as I didn't meet the rules specified on the boards that are visible around the development.
Quotes below. I've had to type this as the scanned lease isn't clear enough for copy/paste (unless I sent screenshots) so apologies for any typos. There is also more text about having the right for the management company or 3rd parties to access the property for certain reasons around maintenance etc but nothing about parking regulation access etc:
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"Estate Regulations"
means any rule or regulation made by the Management Company from time to time for the benefit of use and enjoyment of the Development or any part thereof
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18. To comply with and make all reasonable endeavours to ensure that all persons living in or visiting the Property or using the Allocated Parking Space (if any) or any part of the Maintained Property shall comply with the Estate Regulations
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The right for the Landlord at his discretion but acting reasonably to serve written notice on the Tenant to vary the position of the Allocated Parking Space (if any) to any other parking space on or at the Development which has not been allocated to another of the Dwellings and thereafter such alternative parking space as is allocated shall constitute the Allocated Parking Space (if any) for the purpose of this Lease AND for the avoidance of doubt the Landlord may vary the position of the Allocated Parking Space (if any) on more than one occasion
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9. Not to use the Allocated Parking Space (if any) for any purpose other than for the purpose of parking one private motor vehicles not exceeding three tonnes in gross laden weight or a motor cycle one each Allocated Parking Space (if any) such vehicles to be in a roadworthy condition and insured and taxed and not to store or permit to be stored therein or thereon any flammable or combustible materials (save in the vehicle parked on the Allocated Parking Space (if any))
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5. The right for the Tenant and the tenant or occupiers of the Property his or their employees and visitors (in common with all other persons having the like right) to go pass and re-pass with or without vehicles (as appropriate) at all times and for all purposes over and along:-
5.1 the Estate Roads the Accessways and the Block Accessway for the purpose of access to and aggress from the Property and to and from the Allocated Parking Space (if any) which is situated in Basement Car Park in Block X or at surface level in Block Y
5.2 the Estate Communal Areas
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The Second Schedule
The Maintained Property
ALL THAT part or parts of the Development comprimising:-
1. The Estate Communal Areas;
2. the private Parking Spaces;
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6.19 Any covenants or restrictions the benefit of which has been previously annexed to the Property may from time to time be wholly or partly released, waived or varied by the Landlord acting reasonably (whether or not the property to which the benefit of such covenants or restrictions has been annexed still forms part of the Development) without the consent or reference to the Tenant or any other person PROVIDED THAT such variation or waiver shall not materially adversely affect the Tenant's use of the Property.
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17. Not to do or permit or suffer to be done any act matter or thing on or in respect of the Property which contravenes the provisions of the Town and Country Planning Act 1990 or any enactment amending or replacing it and to keep the Landlord and the Management Company indemnified against all claims demands and liabilities in respect of any such future contravention
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The Fifth Schedule
Rights to which the demise is the subject
1. The right of support and shelter for the other parts of the Development the Block and the Basement Car Park by and from the Property
2. Such rights of access to and entry upon the Property and the Balcony Area (if any) by the Landlord its tenants the Management Company and/or their agents the owners of the other Dwellings and/or the Esco with or without plant and machinery upon reasonable notice at reasonable times (save in case of an emergency) as are necessary for the proper performance of its or their obligations hereunder or under covenants relating to other parts of the Development for the repair decoration maintenance or inspection of other parts of the Development and including the following rights of access:-
2.1 in order to view and examine the state and condition and/or the actual user thereof and of any adjoining property and to take particulars of the Landlords fixtures and fittings and all additions therein or improvements
2.2 in order to execute any works of renewal cleansing alteration maintenance or repair to any Buildings or to the Block or any other part of the Development
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7. Generally managing and administering the Maintained Property and protecting the amenities thereof and for that purpose if necessary employing a firm of managing agents or consultants or similar and the payment of all costs and expenses incurred by the Management Company:
7.1 in the running and management of the Development and the collection of the rents and in the enforcement of the covenants and conditions and regulations contained in the transfers and leases of the Dwellings and any Estate Regulations
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