Parkgate Aspen trying to [Mod edit] after Clamping Ban! |
Parkgate Aspen trying to [Mod edit] after Clamping Ban! |
Fri, 12 Oct 2012 - 02:42
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#1
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Member Group: Members Posts: 78 Joined: 18 Jul 2012 Member No.: 56,114 |
Now as some might recall I got clamped many months ago in my own parking bay!
CC refunded me the payment, as it was down under duress! Now latest news of innovative ideas from the management company, is that they want the clamping company (btw sign still there), they want the company to come and issue tickets, if car does not display tickets on their vehicles! [Mod edit] The clampers, are not to happy with this, as they assume people will not care to pay them, unless of course you are an alien without internet access, and believe in all you get in the post! So the idea of the management, was that they would transfer the charge to the landlord, and make the landlord enforce it on their tenants! Or add it on the service charge of the building, and again make the landlords reclaim it from the tenants! I find this pretty amusing, I mean seriously, what landlord will pursue his tenant for this? Would love to see that go to court, imagine, landlord claims money from tenant, who already is paying for the parking space within his tenancy agreement! |
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Fri, 12 Oct 2012 - 02:42
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Fri, 12 Oct 2012 - 08:27
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#2
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Member Group: Members Posts: 2,012 Joined: 28 Jun 2004 From: High Wycombe Member No.: 1,353 |
Speaking as a landlord with one rented flat, this would never happen. In my case, we sacked the management company long ago, and the flat owners formed our own company to manage the property. No PPC infestation here, thank you.
-------------------- We'll fight them on the roads, we'll fight them in the courts, and we shall never, ever, surrender
Cases Won = 20 (17 as McKenzie Friend) : Cases Lost = 4. Private Parking tickets ignored: 3. Paid: 0. |
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Fri, 12 Oct 2012 - 09:51
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#3
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Member Group: Members Posts: 5,151 Joined: 27 Nov 2007 From: Manchester Member No.: 15,638 |
Find out the exact wording of the flat's lease. If you're a tenant, talk to your landlord or find another owner-occupier.
Then you need to put your legal position in writing to all parties. |
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Fri, 12 Oct 2012 - 11:42
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#4
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Member Group: Members Posts: 1,887 Joined: 12 Sep 2011 Member No.: 49,581 |
I wonder what the DVLA's view on this crackpot idea is.
As we know they have already taken a hard line with private parking contractors who seek to impose a liability on the vehicle's registered keeper rather than the driver in respect of their 'parking charge notices'. This new fangled wheeze seeks to impose a liability for the mickeymouse ticket on some altogether different type of third party: a leaseholder. So, if a car which should have been parked in the space owned by leaseholder X instead gets parked in a space belonging to leaseholder Y, do both leaseholders get tickets? Fekkin madness. Clearly if the private parking contractors think that their unenforceable invoices/charge notices are enforceable then they can spend £25 on a court fee and sue the driver [or the RK as the case may be if they can use s56/sched 4 of POFA 2012] - and then argue their claim in court as when and if the matter is defended. Anything else is wrongheaded to the point of f*ckwittedness. |
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Fri, 12 Oct 2012 - 11:57
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#5
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Member Group: Members Posts: 78 Joined: 18 Jul 2012 Member No.: 56,114 |
Well like in my situation, I got a letter from my agent/landlord, confirming that the parking space forms a part of my rental agreement, and is owned by the landlord.
I doubt many landlords would want to try to "fine" their own tenant, for parking in the parking space they already paying for trough their own rental contract, really a CRACKPOT IDEA if you ask me! |
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