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Unique situation - Should I 'negotiate'? (Debt recovery stage)
LifeInTheBusLane
post Mon, 14 May 2018 - 09:56
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Hello!

I'm in quite an interesting situation which I will summarise best I can:


I moved into private accommodation in July '17 (privately renting through letting agency).

Carpark is permit-only (UKPC)

Letting agent failed to provide parking permit for first week of tenancy.

I got two parking tickets in this time.

Appealed, nothing, contacted letting agent, landowners, landlord, nothing.

Landlord happens to be involved in local politics so contacted my MP who was very helpful and basically told them to just pay up.

However they're only willing to pay the original amount (£100 each)

Since it's at Debt Recovery Stage now (Zenith) they want £160 per ticket.



So my question is - is there any way I can negotiate with UKPC directly and pay the original amounts (£100). My landlord will then cover the cost and I'll get it deducted from my rent.



If anyone has any experience with this that would be great! I was also wondering if perhaps before court action is considered whether they offer to let me pay at the original £100 rate.


Thank you!
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post Mon, 14 May 2018 - 09:56
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The Rookie
post Mon, 14 May 2018 - 13:45
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Then, while supporting it, he appears not to understand it. You could always use SRMs stats from MSE, 300 court hearings, 298 won by the defendant. That shows just how rotten the industry is.


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LifeInTheBusLane
post Mon, 14 May 2018 - 13:54
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Wow those are nice sounding stats. Do you have a link for that?


So the consensus is then to just ignore for now and see if they take me to court? Do you think I should try and put pressure on the housing association/landowners for contracting UKPC on the land even though it's not in the lease?
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SchoolRunMum
post Mon, 14 May 2018 - 16:57
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There is no link.

I post as Coupon-mad on MSE and in 2016 I noticed that we were winning almost all of these cases where we assisted with defence right through to coaching people ready for their hearings.

So I kept records for 2017, and I only saw two cases reported as a loss (and I have those two usernames somewhere). Despite some other disbelievers suggesting there must have been more, or that people hadn't reported outcomes, no-one was able to show ANY other thread where the MSE forumites helped with a defence all the way to hearing, and the person either lost (if I missed it) or never reported the outcome.

I read every single thread every day (and catch up on very thread after a holiday) so I am confident that I missed none.


QUOTE
So the consensus is then to just ignore for now and see if they take me to court? Do you think I should try and put pressure on the housing association/landowners for contracting UKPC on the land even though it's not in the lease?
Yes, like this:

https://forums.moneysavingexpert.com/showth...11#post74045411

...and before this sentence:

QUOTE
This is a significant nuisance that is continuing to affect my peace of mind,


add the details about the fact that UKPC are AGAIN currently banned by the DVLA and clearly are not performing to the remit required, simply antagonising residents yet they are unable to pursue anyone who actually was a trespasser because the DVLA has banned UKPC yet again:

https://www.independent.co.uk/news/uk/home-...a-a8325941.html

https://forums.moneysavingexpert.com/showth...d.php?t=5835351

https://www.whatdotheyknow.com/request/aos_...ncoming-1154926

http://parking-prankster.blogspot.co.uk/20...ed-by-dvla.html



Here is another example I wrote, regarding what to say to a MA about kicking out UKPC:

https://forums.moneysavingexpert.com/showth...62#post74279462

HTH
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KH_
post Tue, 15 May 2018 - 16:16
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QUOTE (LifeInTheBusLane @ Mon, 14 May 2018 - 12:52) *
Even if it doesn't specifically say this in the tenancy agreement?

I've actually just purchased the leasehold document through the Land Registry site. Thanks Redivi! Not entirely sure what I'm looking for though..

Okay just found this in the lease -

"(iii) No noisome noxious or offensive trade shall be carried on upon
the land."

That's all I need to fight this, right?

And this from the freehold lease -

"The parts of the land affected thereby are subject to the leases set
out in the schedule of leases hereto and to such rights of drainage,
passage of electricity, gas, water soil and support, rights to use
gardens, pleasure grounds, drives, paths forecourts and communal hall,
rights to park on allocated space and rights of egress and access over
driveways and other rights as are granted by those leases."


Those look more like entries on a title deed, not a lease. The first being a restrictive covenant and the second an easement (which refers to the lease(s) possibly noted as copy filed)
The schedule of leases (L schedule) will be listed in the title deed and should name the property for which you are renting, among others.

If its a title deed it will have a Property Register, Proprietorship Register and, if there are any charges, a Charges Register.
Those entries will be in a lease but probably described in better detail and only summarised in the title deed.

Title deeds are simple to order online but last time I looked I couldn't find a way to order a copy of a lease. If anyone knows how to I'd quite like to know too, for future reference.

[Edit:] After a little googling.

It appears leases are only able to be ordered by paper application Link
I've never tried this myself so I can't vouch for the success. Found in another forum, which I hope is OK to post a link to. https://forums.moneysavingexpert.com/showth...d.php?t=5695385

This post has been edited by KH_: Tue, 15 May 2018 - 16:32
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Eljayjay
post Tue, 15 May 2018 - 21:41
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deleted

This post has been edited by Eljayjay: Tue, 15 May 2018 - 21:42
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LifeInTheBusLane
post Mon, 21 May 2018 - 11:56
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Thanks Schoolrunmum, I remember you helping me out with my initial post and I really appreciate the effort you put into all this.

Thanks KH_ that's really useful. I'm going to apply for a copy of the lease through that website. Do you know if I'd need the lease for the specific flat that my landlord owns or the freehold for all the flats that the landowners manage?
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KH_
post Thu, 24 May 2018 - 06:17
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QUOTE (LifeInTheBusLane @ Mon, 21 May 2018 - 12:56) *
Thanks Schoolrunmum, I remember you helping me out with my initial post and I really appreciate the effort you put into all this.

Thanks KH_ that's really useful. I'm going to apply for a copy of the lease through that website. Do you know if I'd need the lease for the specific flat that my landlord owns or the freehold for all the flats that the landowners manage?


Go with the leasehold of your flat first, that one is likely to set out any parking stuff.
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roythebus
post Thu, 24 May 2018 - 06:40
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I might also suggest your MP has shares in UKPC if he takes that stance.
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