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Minster Baywatch, Guernsey Court PR7 7AH, Own Allocated Space, Forbidding Signage
ParkingMadder
post Wed, 13 Feb 2019 - 13:28
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Notice to Keeper issued after parking in an Allocated Space. The space comes with a Flat, which my son has a Tenancy Agreement for. He actually has two spaces, one within a Courtyard and one in an off street parking area outside the Courtyard. Both areas are being managed by Minster Baywatch. The Parking Spaces are not referred to in the Tenancy Agreement. The Lettings Agent gave two Permits and a Visitor Permit to my son when he took possession of the flat.

Someone went to the flat, waiting for a contractor, on the 16th January. Wrongly, as it was their first visit, they thought that they were not classed as a Visitor due to being parked in his Courtyard Space with his flat number marked. The car was photographed not displaying a Permit. No notice was attached to the vehicle on that day. ANPR Cameras are not in use on the site. There is no list of Registration Numbers maintained by the Management Company. My son could park any car there, provided he displays a Permit. Did the Company have Due Cause to access Keeper information via DVLA? Thèy could have placed a Notice on the Vehicle, although they probably know that would be Trespassing within the Allocated Space.

There is a sign at the Courtyard Entrance, high up on left hand side of the entrance "tunnel". The sign is unlit. All the signs in the Courtyard are unlit. It was 07:45 hrs when they arrived and parked. The outer sign says Permit Holders Only, and refers drivers to the Conditions to be found inside.

Could someone confirm that the wording constitutes a Forbidding Sign? If it is Forbidding, no Contract can be formed, and the case would be one of Trespass?

This post has been edited by ParkingMadder: Wed, 13 Feb 2019 - 15:38
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post Wed, 13 Feb 2019 - 13:28
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nosferatu1001
post Wed, 13 Feb 2019 - 13:55
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1) They had cause
2) No it would not be, everyone has implied licence to access such a space, unless specifrically withdrawn. Was it withdrawn?
3) How on earth is it "allocated" then? It needs to nbe in writing SOMEWHERE! Was it advertised?
40 Why are you telling the world who drove? Edit your post NOW. Check the MB NtK to see if it complies with POFA2012 sched 4 para 9.
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cabbyman
post Wed, 13 Feb 2019 - 16:22
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Post a copy of the PCN, suitably redacted of identifying detail but leaving the dates. A GSV of the area may also be useful.


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Cabbyman 11 PPCs 0
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ParkingMadder
post Wed, 13 Feb 2019 - 19:18
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See NTK

This post has been edited by ParkingMadder: Thu, 14 Feb 2019 - 09:42
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nosferatu1001
post Wed, 13 Feb 2019 - 19:41
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Answer the questions about how the entitlement to the space was granted.
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ParkingMadder
post Wed, 13 Feb 2019 - 21:34
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Spaces were granted by Verbal Information given by the Lettings Company. There is no mention of them in the Tenancy Agreement. I've asked for Lease Information from the Landlord, which they've ignored. The Lettings Company have referred me to the Management Company, they then pass me back to the Landlord. Nobody gives a txxs that the whole thing is a Scam.

If the Lease hasn't been changed to reflect the new Permit System I believe no Contract can be created for Parking Fees?

There's no Advertising Consent in place for the signs. Local Council Planning Enforcement have raised a case for this, a site visit is awaited. RMG, the Management Company, told me they can "do what they like, it's Private Land"

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cabbyman
post Thu, 14 Feb 2019 - 00:07
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And the back?


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ParkingMadder
post Thu, 14 Feb 2019 - 09:09
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The Back

Sorry the file won't load, even though I've Compressed it.

This post has been edited by ParkingMadder: Thu, 14 Feb 2019 - 18:48
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nosferatu1001
post Thu, 14 Feb 2019 - 14:04
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If the Lease is silent on granting permission to park, then youre barking up the wrong tree when it comes to looking for a lease variation to introduce a parking scheme. But you dnot have a LEASE< you havea TA. Use ONE TERM consistently
Lease would be the lease between the lessor and lessee

If the lease is for more than 7 years, then the landlords lease will be availabeo from the land registry. Complete form OC2 and pay the fee, and you can get a copy of it.

So the flat was rented without ANY promise being made of parking before? It wasnt advertised as being with a parking space?
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ParkingMadder
post Thu, 14 Feb 2019 - 18:34
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Sorry, I thought that I was being consistent in my use. The Owner (Landlord) has a Lease, the flat is in a Block so they can't own it Freehold. The Block is managed by RMG, owned by the same Company which own RMG; but definitely Not Owned by RMG. I've asked for information from the Lease, which should mention the Allocated Spaces. The Block is approximately 5 years old. The parking Management has been in for just over 12 months. If the Lease doesn't mention Parking Management, Charges and Permits, I believe Charges can't be levied?

The flat was Advertised with Allocated Spaces, no mention of Permits. After signing the Tenancy Agreement; on moving in day, Permits were handed over by the Letting Agent.

I've read many threads before posting this one. Several of the posts referred to the need for 75% of Owners to agree to Lease Changes on introduction of Parking Management?

Again our request for Lease information included a question regarding the Parking Management, had they agreed to the Change.


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nosferatu1001
post Thu, 14 Feb 2019 - 19:28
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You're still wrong on this as you're only looking for rights for,leaseholders. You're not one. You have an inferior agreement to the lease.

The landlord may have a right to park sans permits, but you don't know this. You don't know if there's any clause allowing these charges, and you weren't competent enough to ensure the TA mentioned a right to park in a place infested with these parasites. Move.
Seriously
Find a new place to love. These won't stop

I know your landlord will only be a leaseholder of the flat, but they may own the space freehold. Again, you have to have sight of the lease. Either from the landlord, or from the land registry.

Do you still have the advert?

The lease only grants rights to the landlord. These may or may not pass to the renters, but we don't know this. As such while they may not be able to levy a charge against the leaseholder, that doesn't help a mere tenant.
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