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Is863
Hi,

I am a new member here but would really appreciate some advice.

I live on a development of flats in York which has car parking managed by Minster Baywatch. I have paid for my own car parking space, however over the last few years I have been given a number of tickets. Usually I have been given the ticket when I have let a friend park in my space and I have parked outside of a marked bay.

I appealed the first couple of tickets, but these were rejected. Then following, advice on forums such as this, I have since been ignoring all correspondence. Over the last 2 years I have received around 30 tickets in total.

At the latest site AGM, Minster Baywatch have asked for permission to take court action in the name of the site management company, which they say will increase likelihood of a favorable decision. I assume this means I am very likely to be taken to court in the near future!

Please could anyone give me advice on what I should be doing to limit the damage? Any help would be very much appreciated.
kirkbyinfurnesslad
What do you mean #increase lilelyhood of a favorable decision#?.

Check the flats lease(not rental agreement if u rent)
Is863
I am assuming that they mean that by being given this approval by the site management company, Minster Baywatch are more likely to be successful if they take me to court. If this is the case, will it apply to all previous tickets or just those issued from now?

What exactly am I looking for in the lease agreement?

Thanks
kirkbyinfurnesslad
What does it say if anything about parking
emanresu
QUOTE
What does it say if anything about parking


Waht does your lease say about parking. And when is the Mgt Company's contract up for renewal.
matt285
QUOTE (Is863 @ Tue, 2 Jul 2013 - 20:24) *
Hi,

I am a new member here but would really appreciate some advice.

I live on a development of flats in York which has car parking managed by Minster Baywatch. I have paid for my own car parking space, however over the last few years I have been given a number of tickets. Usually I have been given the ticket when I have let a friend park in my space and I have parked outside of a marked bay.

I appealed the first couple of tickets, but these were rejected. Then following, advice on forums such as this, I have since been ignoring all correspondence. Over the last 2 years I have received around 30 tickets in total.

At the latest site AGM, Minster Baywatch have asked for permission to take court action in the name of the site management company, which they say will increase likelihood of a favorable decision. I assume this means I am very likely to be taken to court in the near future!

Please could anyone give me advice on what I should be doing to limit the damage? Any help would be very much appreciated.


First and foremost, are you a tenant or a leaseholder? This is important as it governs the power you have over the Management Company.

Secondly, even if Minster would be granted the right to take people to court this would not apply retrospectively - instead it is strong evidence that the current agreement does NOT allow them to do so, so you shouldn't be too worried about the old charges.

Even if, you shouldn't be too worried about the old charges, they are fairly certainly unenforceable.

But first of all, shed some lights on the above questions (and on those of the previous posters), and then we can think about the details.
Is863
Thanks for the fast replies, really appreciate it. In answer to the above:

- I am a leaseholder
- I'm not sure when the management company contract is up for renewal. Is this important? The flats are only 2 years old, not sure how long these contracts usually last.

The lease says I have the right to use either my designated space or one of the communal spaces to park. It doesn't seem to say anything about parking outside a marked bay. Is there anything specific I should look for that could work in my favour?

How does being a leaseholder impact my power over the management company? Should I be approaching them in the first instance?

Many thanks
bama
QUOTE
At the latest site AGM, Minster Baywatch have asked for permission to take court action in the name of the site management company,

is that in AGM minutes ?
i.e. have you used the exact wording ?
MB could be 'playing toothbrush'....
Is863
QUOTE (bama @ Tue, 2 Jul 2013 - 21:36) *
QUOTE
At the latest site AGM, Minster Baywatch have asked for permission to take court action in the name of the site management company,

is that in AGM minutes ?
i.e. have you used the exact wording ?
MB could be 'playing toothbrush'....


I found out that they had made this request from the AGM minutes. The minutes also say that the management company had granted them this request
emanresu
Ask the Mgt Co for a copy of the contract between them and MB. Watch them squirm.
kirkbyinfurnesslad
QUOTE (emanresu @ Wed, 3 Jul 2013 - 07:01) *
Ask the Mgt Co for a copy of the contract between them and MB. Watch them squirm.



Yes definately do this.

MB have been spanked last few times they tried court
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