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KBH
Hello All,

New to this forum so please bare with me if I am breaking any of the rules.

Scenario :

- Moved in to a flat 2-3 years ago with allocated garage and was told by then letting agent that parking within gated area is not restricted.

- Some outsiders started exploiting this and hence the property management company Hazelvine brought in HomeGuard Services Ltd. (T/A 14 services) to take care of shared area (drive way etc. but not the parking bays).

- Recently 14 services sent communication to everyone suggesting that residents can now only park in designated areas along with parking permits that need to be displayed at all times with some ridiculous terms, without any prior / post communication from Hazelvine / relevant letting agents. Since my designated parking place is a garage which is not big enough for me to practically park my car, I'll need to park outside my gated residential area.

- I contacted Hazelvine and my letting agent to confirm current remit (share area/bays/both) of 14 services but no written confirmation so far.

- My concern is, how can someone unilaterally push me in to agreeing to their terms and conditions (so called contract) by dropping in an envelope through the letter box or by posting some signs ? Isn't this bullying ?

The last option I have is to leave this place but I find it unacceptable that a third party who I have nothing to do with is able to drive me out of my home and hence looking for some legal routes to fightback. I would really appreciate any guidance I can get from this forum of helpful people.

Please do let me know if you need any further info. around this.

Thank you all.
ostell
You are correct in that someone can not push you around and unilaterally change your contract. The applicable contract is the one that you originally signed. The PPC cannot force another contract on you. Time to get your original contract out and look on what it actually says about parking etc. You could then write to the PPC telling them that you you have received their proposal but you do not agree to it but will display a permit to make their life easier but they must add your number on to the white list for thos occasions when the permit may not be visible.

Others will be along to give a sample letter
whjohnson
They have changed the terms and conditions of your letting agreement without your express permission.

Tell the management company of your complex this, and that you revoke any implied permission for any of their agents to run a business from what is your land under the letting agreement and that you will sue them for damages/trespass if they do not cease and desist.

Tell them to get ferked
freddy1
what does your lease say? , they cannot just start doing things , a contract works 2 ways

there have been a few cases similar to yours this ended up with them giving notice to the PPC and the agent , and then taking the PPC to court for trespass on there land

you need to check your lease first

homeguard are not particularly active , http://www.bmpa.eu/companydata/Homeguard_Services.html
KBH
Thank you for getting back to me so quickly. I'll find my contract and look in to this but I believe it would state that I have an allocated garage but not a parking bay because at that time these controls weren't in place. Just so that I am sure; you are suggesting that I write to 14 services, right ? So far I have ignored them completely because I have nothing to do with them from contractual perspective. But I'll go by the advise I get from this forum.
bama
QUOTE
I'll find my contract

that is the next step.
we need the exact wording re parking quoted back on here.
freddy1
that's the baby , couldn't find it ! , most of the pay-out was in costs that were eaten up , but it showed em the door ,
whjohnson
"Just so that I am sure; you are suggesting that I write to Homeguard/14 services, right ?"

No, they are the agent of the management company. It is Hazelvine you should be writing to.
Hazelvine are the ones who appointed their agent Homeguard to manage the parking and are thus responsible for them.

It is therefore Hazelvine to whom you should address your concerns. Do not leave it too long, because they may come back with a "Well you never complained at the time, thus we thought you had given your implied permission".
KBH
They sent these comms out a few weeks ago with enforcement date of 05/10, is it too late now ? Also, is there any draft that I can use ?



QUOTE (Lynnzer @ Tue, 6 Oct 2015 - 18:17) *



I think the only difference I can see here is that no bay was allocated to me specifically when I signed the contract before moving in this flat, it was just the garage. And since these controls were not in place at that time, I could park in any of the bays.
freddy1
QUOTE (KBH @ Tue, 6 Oct 2015 - 18:40) *
They sent these comms out a few weeks ago with enforcement date of 05/10, is it too late now ? Also, is there any draft that I can use ?



QUOTE (Lynnzer @ Tue, 6 Oct 2015 - 18:17) *



I think the only difference I can see here is that no bay was allocated to me specifically when I signed the contract before moving in this flat, it was just the garage. And since these controls were not in place at that time, I could park in any of the bays.




and you can,t now due to new terms being brought in that you have not agreed too

you are going to have to contact your neighbours and work together on this ,

I think the best you will get is to make sure your car details are placed on a "whitelist" , this is great until you have a hire/curtesy car etc , then the fun starts


the company only make money by issuing tickets , if you and your neighbours are displaying permits , they will start with the "out of bay" , or could not see the permit , or "don't like the colour of your car" , is there a problem with stray parkers?
whjohnson
You need to study the wording of your letting agreement in detail. If in any doubt, post up the wording here and someone will have a look at it.
bama
QUOTE (bama @ Tue, 6 Oct 2015 - 18:16) *
QUOTE
I'll find my contract

that is the next step.
we need the exact wording re parking quoted back on here.


don't 'guess' at the wording and don't paraphrase. exact wording please
and then let the '"many eyes of pepipoo" have at it
KBH
QUOTE (bama @ Tue, 6 Oct 2015 - 18:52) *
QUOTE (bama @ Tue, 6 Oct 2015 - 18:16) *
QUOTE
I'll find my contract

that is the next step.
we need the exact wording re parking quoted back on here.


don't 'guess' at the wording and don't paraphrase. exact wording please
and then let the '"many eyes of pepipoo" have at it



Agreed and understood. I'll get back to you as soon as I find my contract. Thank you all..
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