Own parking space - failure to display, parking & property management ltd |
Own parking space - failure to display, parking & property management ltd |
Sun, 5 Mar 2017 - 16:07
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#1
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Member Group: Members Posts: 13 Joined: 5 Mar 2017 Member No.: 90,665 |
Hi All,
I seen a few threads on parking & property management ltd and using one's own parking space. I will give a brief description below:- -allocated and numbered bay came with my flat -i rent the flat, the contract does not mention a parking space -used the bay before the parking company was contracted in (for about 6 months unhindered) -letter in mailbox for info about the new parking scheme -gave me a large and (IMO deliberately) almost nonadhesive piece of paper for the badge -displayed for 4 month before it blew away one day -received a £60 fine for using my own bay and not displaying -management for apartments say it's nothing to do with them my questions are, has anyone had one of these and it hasn't been to small claims court? i've seen a few threads where they have, no outcome was stated As i have no way of knowing the arrangement with the landlord and the parking space, what chances do i have if it went all the way? Thanks |
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Sun, 5 Mar 2017 - 16:07
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Sun, 5 Mar 2017 - 16:19
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
You have the space allocated to you in your rental agreement. A third party company cannot come along and change your contract. I suggest some reading of Parking Prankster about residential parking.
Basically you can tell them to **** off as the space is yours to do as you see fit. Contact your landlord and ask him about his rights to that space and someone trying to usurp them. Basically you have been displaying the permit for the convenience of the operators. This post has been edited by ostell: Sun, 5 Mar 2017 - 16:20 |
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Sun, 5 Mar 2017 - 16:26
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#3
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
Here are a number of very recent and very relevant cases involving residential parking. The tide has started to turn considerably in favour of the owner/leaseholder/tenant and away from the PPCs who have jumped in with both feet into private residential estates, seduced by the whiff of easy money.
Very important reading in your research work to rid yourself of the issue you now have. http://parking-prankster.blogspot.co.uk/20...al-parking.html http://parking-prankster.blogspot.co.uk/20...tone-court.html http://parking-prankster.blogspot.co.uk/20...ment-youve.html http://parking-prankster.blogspot.co.uk/20...-overstone.html http://parking-prankster.blogspot.co.uk/20...continuing.html http://parking-prankster.blogspot.co.uk/20...at-owner_2.html http://parking-prankster.blogspot.co.uk/20...erruled-by.html http://parking-prankster.blogspot.co.uk/20...in-croyden.html Read the final court case transcript on this list 'Jopson v Homeguard' (2016) - linked below. http://www.parking-prankster.com/case-law.html From regular PePiPoo poster 'Lynzer': http://www.thebridesmother.co.uk/Media/res...ial-parking.pdf |
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Sun, 5 Mar 2017 - 16:29
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#4
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Member Group: Members Posts: 13 Joined: 5 Mar 2017 Member No.: 90,665 |
You have the space allocated to you in your rental agreement. This is the thing, my contract does not mention a parking space. Although, it is my space with my door number on it. I have no way knowing if my landlord will even reply. So in the worst case scenario, where my landlord does not reply and the space is not "owned" by the landlord. have they got me by the balls? Have people won this type of case in the small claims court? I've only seen it where they can prove the parking space is the apartment's land |
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Sun, 5 Mar 2017 - 16:31
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#5
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So how do you know that the numbered space is yours? Go back to the agent then
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Sun, 5 Mar 2017 - 16:51
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#6
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Member Group: Members Posts: 870 Joined: 29 Oct 2016 Member No.: 88,099 |
You have the space allocated to you in your rental agreement. This is the thing, my contract does not mention a parking space. Although, it is my space with my door number on it. I have no way knowing if my landlord will even reply. So in the worst case scenario, where my landlord does not reply and the space is not "owned" by the landlord. have they got me by the balls? Have people won this type of case in the small claims court? I've only seen it where they can prove the parking space is the apartment's land Get the owner of the flat or the Man Ag to email you saying that the space comes with the flat. You will need this in court if it goes that far. |
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Sun, 5 Mar 2017 - 17:15
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#7
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Member Group: Members Posts: 13 Joined: 5 Mar 2017 Member No.: 90,665 |
You will need this in court if it goes that far. Will do, I have have to fight this now because they've just given me another. less than 48 hours after my first. I was considering just paying the first to avoid the hassle but im not paying for two. Thanks for your help and the links guys, I dont think i have a strong case, but i'll have to try because this just feels wrong. |
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Sun, 5 Mar 2017 - 19:17
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#8
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
QUOTE I dont think i have a strong case, but i'll have to try because this just feels wrong Why don't you think you have a case? The PPC should be chasing off fly-parkers, thereby protecting residents, not penalising them. But we all know that interlopers are soon eradicated, but the PPC still needs to be 'fed'. And who does he feed off.........? And not to forget that the PPC is likely to have a contract for at least 3 years. Plenty of hassle ahead. Make other residents aware of the danger on their doorsteps. Form an action group. You don't need to have this scum threatening your daily life. Check out 'peaceful enjoyment' from your deeds/lease/AST. |
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Sun, 5 Mar 2017 - 19:23
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#9
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
What, precisely, does your lease identify as the demised property? What, precisely, does your lease say about use of common parts and grounds? What, precisely, does your lease say about parking or use of the roads?
If it is silent, it is reasonable to assume that your flat number and the numbered parking space are part of the same demise. However, I would like to know the precise wording of your lease to know what the possibilities are. -------------------- Cabbyman 11 PPCs 0
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Sun, 5 Mar 2017 - 20:59
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#10
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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Mon, 6 Mar 2017 - 15:23
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#11
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Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
All you need to get this sorted is on the links on my signature. Read them, except for the sport one.
When you have decided what to write post it here for comments before sending. -------------------- The Asda shopping trolley parking ticket enthusiast
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Mon, 6 Mar 2017 - 22:22
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#12
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
You have the space allocated to you in your rental agreement. This is the thing, my contract does not mention a parking space. Although, I have no way knowing if my landlord will even reply. So in the worst case scenario, where my landlord does not reply and the space is not "owned" by the landlord. have they got me by the balls? Only if you let them... QUOTE Have people won this type of case in the small claims court? I've only seen it where they can prove the parking space is the apartment's land Yes they have. Seen loads of them on MSE and VERY often the lease or tenancy agreement is silent about parking. But modern leases include implied (if not express) rights of way - in your case of course it is granted to you: ''it is my space with my door number on it.'' |
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Wed, 8 Mar 2017 - 09:01
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#13
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Member Group: Members Posts: 13 Joined: 5 Mar 2017 Member No.: 90,665 |
Update on this, my contract does not mention a parking space, so it dose not require a permit . The advert etc did so it's inclusive of my rent. However, to collect the pass the concierge made me sign a form to accept I've received it. This form means i entered a contact with this firm (no matter how unreasonable).
It is unfair and an unreasonable charge. However, i it looks like i will have to pay this. |
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Wed, 8 Mar 2017 - 09:10
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#14
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
No, signing that form is just confirmation of receipt. Does that form state anything else other than the receipt of a permit? You are displaying the permit a a service to the parking company to make it easier for the parking company to identify "foreigners" in the car park.
You still have the right to use that parking space that came with the flat. The contract you signed for the flat gave you unlettered use of that space and a third party, the parking company, can not come along later and change that contract. Get onto the letting agent, the landlord, anyone to get written confirmation that you have a right to use that space. |
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Wed, 8 Mar 2017 - 09:29
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#15
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Member Group: Members Posts: 13 Joined: 5 Mar 2017 Member No.: 90,665 |
Get onto the letting agent, the landlord, anyone to get written confirmation that you have a right to use that space. yep done it, The letting agent has said me signing this form made an agreement. The landlord has said i signed and agreed to their terms. she got this from building's management company. The building's management company said i agreed with the new terms, and are washing their hand with it I'm trying to obtains a copy of what i signed now. I agree this is wrong and unreasonable but there is little i can do; they have me by the balls |
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Wed, 8 Mar 2017 - 09:56
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#16
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
Post your copy of the form up, minus identifying details.
-------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Wed, 8 Mar 2017 - 11:42
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#17
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
What are you actually fighting? Pcns in their early stages or a court claim?
-------------------- Cabbyman 11 PPCs 0
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Wed, 8 Mar 2017 - 12:30
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#18
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Member Group: Members Posts: 13 Joined: 5 Mar 2017 Member No.: 90,665 |
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Wed, 8 Mar 2017 - 12:45
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#19
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Member Group: Members Posts: 364 Joined: 30 Apr 2013 Member No.: 61,506 |
It is unfair and an unreasonable charge. However, i it looks like i will have to pay this. You (and many others) have got to get away from this mindset. It's like a Daily Mail comments board of "Rules are Rules" brigade of morons. Turn it ALL around. You pay your landlord a huge sum of money each month to live in his flat, and use his car parking space. This is a tenancy agreement. Even if the tenancy agreement doesn't specifically allocate the car parking space to you, it's likely an implied term. It's likely your landlords original lease grants him the flat and car parking space (even if it doesn't, it's probably not fatal). Some idiot has come along and put up a sign near your land. On that sign, they state Do you honestly think you *really* owe some random idiot some money? And do you honestly think a court is going to overturn LAND LAW (because this is NOT consumer law, but LAND LAW) and change ownership control by the placing of signs? |
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Wed, 8 Mar 2017 - 12:51
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#20
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Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
Did you do this?
If not, do so now -------------------- The Asda shopping trolley parking ticket enthusiast
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