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Messages - 10shinhan

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1
Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: March 14, 2024, 08:16:35 am »
Quote from: H C Andersen on March 13, 2024, 12:04:11 pm
Sorry OP, but you cannot just post this and then leave it!

a) the use of the Retained Parts
(b) the management of the Building and the welfare of its occupants. "

Capital letters = defined terms.

So how are Retained Parts and Building defined?

And, again, how were you notified of changes in the form required under your lease and by whom??

Retained Parts: all parts of the building other than the property and the Flats including:
(e)the Parking Space;

"And, again, how were you notified of changes in the form required under your lease and by whom??"

The was a letter sent out by the parking company, and the management company. I'm not sure where to find the changes needed on the lease. But I think I know what you're getting at. They don't have the right to change the lease like this, most likely:

For a change to be made to the terms of the lease, there has to be 75% agreement, with not more than 10% disagreeing.

According to s37 of the Landlord & Tenant Act 1987.

I'm asking the management company when they received the 75% in order for the change to be made.

2
Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: March 12, 2024, 07:26:58 pm »
Quote from: Scientist and Saint on March 12, 2024, 05:37:02 pm
Quote from: 10shinhan on February 20, 2024, 02:55:20 pm
I believe they got my details through the DVLA via the reg plate.
You can check if they did by asking the DVLA to give you the details of all the requests for keeper details made to them - go to their website for info on how to do that.
 
If they didn't get your details that way, then does PoFA & the NtK remain a "narrow issue" or become an unequivocal loss of the parking companies right to pursue the keeper for the debt?

They mention in the ticket that they requested the details from the DVLA

3
Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: March 12, 2024, 02:43:42 pm »
Quote from: andy_foster on March 12, 2024, 02:38:31 pm
HCA was quoting what you wrote in your OP

Quote
I complained to the management company, explaining I have the right to park there and that I did not want to use a permit, explaining that this is poor practice when you could easily whitelist licence plates. I also mentioned that the lease allows us to use the parking space without having to show a permit. They responded:

"Having reviewed the lease I can confirm, the parking space is a retained part and therefore not included in your demised property. As a leaseholder you have the right to park in the space but must comply with the regulations set out by the landlord which relate to use of the retained parts.

Thanks.

To answer the question, I believe this is the part of the lease the management company was referring to:

"To comply with all variations of these Regulations and all other reasonable and proper regulations made by the Landlord or its agents from time to time in accordance with the principles of good estate management and notified to the Tenant that relate to

(a) the use of the Retained Parts
(b) the management of the Building and the welfare of its occupants. "

4
Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: March 11, 2024, 11:08:18 pm »
Quote from: H C Andersen on February 21, 2024, 10:15:26 am
Agreed.

OP, will you pl get away from the narrow issue of PoFA and answer my questions in #13 e.g. what 'landlord regulations', how conveyed etc. etc?

Sorry I've been away.

What do you mean by landlord regulations?

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Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: February 20, 2024, 03:04:47 pm »
Quote from: H C Andersen on February 20, 2024, 03:01:25 pm
IMO, the NTK is substantially compliant.

@b789 what makes you so certain that it is not compliant?

And OP, how did you obtain a permit i.e. how have 'the regulations set out by the landlord which relate to use of the retained parts.' been brought to your attention?

The permits were sent by post and the management company told us they were bringing in a PPC.

6
Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: February 20, 2024, 02:55:20 pm »
Quote from: b789 on February 20, 2024, 02:26:29 pm
The NtK is not PoFA compliant. Has the driver been identified to the PPC? If not, you can appeal as the registered keeper. Not that that will get these scammers to cancel a certainly the IAS appeal will be rejected. However, as long as they do not have the drivers details, if they try a court claim, without having the drivers details, they will lose.

None of the above removes the possible problems with the lease and supremacy of contract.

I have appealed to the PPC, and of course they rejected the appeal. I believe they got my details through the DVLA via the reg plate.

Are the IAS that bad? They would definitely reject my appeal? I've had success with POPLA in the past or are they very different?

7
Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: February 20, 2024, 02:06:13 pm »
Quote from: b789 on February 20, 2024, 01:24:39 pm
Sorry, I assumed you were a tenant rather than an owner. However, if the lease mentions parking in the "retained space" and there is no mention of a requirement to display a permit, there could be an argument that the managing agent has amended the lease without adhering to the requirements of the Landlord and Tenant Act.

It will probably require someone with legal training to interpret it precisely as there could be the possibility that mention of the retained area in their "regulation" clause gives them an "out" for this.

Was this a windscreen notice or a postal notice? Can you show us a suitably redacted copy of the Notice to Keeper (NtK) front and back. Leave in all dates. Also, some pictures of the actual signs that contain the terms could be useful.

Yes, I am a leaseholder (owner); sorry, I didn't make that clear.

It was a postal notice. I have attached the pictures of the notice and the signs



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Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: February 20, 2024, 01:09:59 pm »
Quote from: b789 on February 20, 2024, 12:55:34 pm
Do you have access to the head lease or are you referring to your tenancy agreement?

It just says 'lease'; it's in the report on the proposed purchase of the property when I bought the place. Is this what you would call the head lease?

Quote from: DWMB2 on February 20, 2024, 12:23:48 pm
Quote from: 10shinhan on February 20, 2024, 12:20:32 pm
Parking Space: the parking space show in green on plan 2 OR in such area as the Landlord shall from time to time designate.
And is there one shown in green on plan 2?

There is a picture after the end of the document. But no green on it.

There is another picture from the land registry. But I think the green is not related.

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Private parking tickets / Re: PCN - Parking in my own space - Not showing permit
« on: February 20, 2024, 12:20:32 pm »
Thanks for the response. Sorry I didn't say the parking company. It's Countrywide Parking Management.

"You ay need to find out whether the introduction of the PPC is an alteration to the lease."

This is a good point. I wonder where I can find this information. I have a 15 minute call with www.lease-advice.org tomorrow, I will ask them. Or any where else I can find this information?

At the beginning of the lease it says this about parking:

Parking Space: the parking space show in green on plan 2 OR in such area as the Landlord shall from time to time designate.

There is nothing in here about parking permits or even bringing in a PPC. When I moved into the property we had visitor spaces, they turned them into contractor spaces and now have hired a PPC.


10
Private parking tickets / PCN - Parking in my own space - Not showing permit
« on: February 20, 2024, 10:48:01 am »
Hi all

I live in a block of flats, and I have an allocated space. Which I have the right to use but  I don't own the parking space, it is considered a 'Retained Part' under the lease.

Parking enforcement was brought in last year, but as of recently, I have only just received a ticket (7th Feb), then I received 4 more tickets over the next few days.

The parking company is forcing us to use a paper parking permit, which I was not using at the time, but I have now used to stop the constant tickets I'm getting.

I complained to the management company, explaining I have the right to park there and that I did not want to use a permit, explaining that this is poor practice when you could easily whitelist licence plates. I also mentioned that the lease allows us to use the parking space without having to show a permit. They responded:

"Having reviewed the lease I can confirm, the parking space is a retained part and therefore not included in your demised property. As a leaseholder you have the right to park in the space but must comply with the regulations set out by the landlord which relate to use of the retained parts.

The management company can give instruction for there to be parking management on site, the company that has been instructed operate through the use of permits and not number plates.

I would advise you display your permit to ensure the regulations are followed and tickets are not received.

If the parking company have rejected your appeal then they feel a ticket has been provided in line with the restrictions and you would need to pass any further disputes through their dispute processes, this is not something I can change unfortunately."

I think my management agent is talking about the 'Regulation' section:

"27. To comply with all variations of these regulations and all other reasonable and proper regulations made by the Landlord or its agents from time to time in accordance with the principles of good estate management and notified to the Tenant that relate to:

(a) the use of the Retained Parts
(b) the management of the Building and the welfare of its occupants; and
(c) the use of any Service Media, structures or other items outside the Building that are used or capable of being used by the building in common with other land."

There are a few mentions of parking in the lease, including:

"Use of retained parts

The right for the Tenant and all persons authorised by the tenant: To park a private motor car or private motor cycle belonging to the tenant or its visitor in the Parking space."

How can I choose who is authorised if there is a permit involved?

Please, can you advise?

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