Show Posts - 1Pilgrin1

Great, many thanks

This is what I propose to send:Dear xx,I am writing regarding the parking issue with respect to bay XX at the XXXX, XXXX.Under the terms of my deed of covenant I do have any notification that I am required to participate in a parking enforcement scheme and this sets a primacy of contract that continues to today. Furthermore, as the leaseholder and owner of the land as outlines in the deed of covenant I formally object to XXXX [Management Company] having signed a contract with the parking enforcement company without my consent and it is not Xenia’s legal position to sign a contract on land I legally own have rights over.I full respect the permissions XXXX [Management Company] has to manage the common areas and I fully abide by these; but not for the land that as a leaseholder, I own. As I am currently having to park off-site until this issue is resolved I would be appreciate if you could get back to me in 7 days to keep costs to a minimum for us both.Kind regardsMany thanks for your guidance so far and let me know your thoughts on this

Thanks your your reply and I'll re-phase the letter.In my previous message I meant to write "I am now wanting" rather than "not wanting"

Hi,so I have queried the fines with the Parking Enforcement company and I am still waiting to hear back.I am not wanting to challenge the decision from the Management Company that doesn't allow me to opt out.I get the feeling the decisions are just being made off the cuff so I wanted to start with an exploratory letter.Hopefully somebody can advise me whether the attached might make an OK starting point so I understand what they believe is their legal position.thanksRichard [ Guests cannot view attachments ]

many thanks for this

Hi,the breaches are for not displaying a parking permit.I don't have a permit as I had opted out of the parking scheme which had been originally introduced by a previous management company.A new management company took over about a year ago and in July they emailed to say a new parking enforcement company were being introduced.I replied back stating that I had opted out of the scheme and wished to continue to opt out.I didn't get a reply so assumed this had been acknowledgedThen on the 21st Sept I received my first ticked and immediately raised this with the management company.They wrote to say:EMIAL:Every permit holder must abide by this new parking control scheme.It is not possible to opt out of this new scheme.To keep using this car park, you will need to pick up a new permit that complies with the new scheme.*********I then called to query this as I wasn't a "permit holder" in the first place and that I had always opted out of any scheme.Over the course of following 3 weeks I placed multiple calls to the Management Company that were promised a reply from the Property Manager but this never happened. During this time I received a second ticket in early October and subsequently have had to park off-site ever since so as to avoid getting any further tickets.I gave the Management Company email confirmation of my opt-out but they wrote back to say:EMAIL:Apologies for not getting back to you yesterday, I was under the impression one of the on-site staff was going to go to your flat and knock on and have a chat regarding the parking.As far as we (XXXX, XXXX board of directors) are concerned, you cannot be exempt from a parking space.I would take this up with the parking company – UKPS and query it with them for further clarification as they are the one who enforce the tickets to un-permited cars.****************I have have help off replying until I get some advice here as to what to do.There is nothing within the Deed of covenant or in the tenancy agreement about a parking scheme.ThanksRichard

It just feels like the Management Company have given over all/any control to the Parking Enforcement company which doesn't seem right?

Hi,thanks for your email and I was starting to think it was getting a bit complicated and missing the point of the appeal of the PCNWith respect to the email I received from the management company - this is it:Good afternoon,Apologies for not getting back to you yesterday, I was under the impression one of the on-site staff was going to go to your flat and knock on and have a chat regarding the parking.As far as we ([Management Copmpay], [Residency] board of directors) are concerned, you cannot be exempt from a parking space.I would take this up with the parking company – {xxxx] and query it with them for further clarification as they are the one who enforce the tickets to un-permited cars.Thank you.Kind regards,********************************Would be good to get your thoughts on thisThanksRichard

I struggle a bit with getting the wording right around legal phrases so would be good to get some additional feedback on this. [ Guests cannot view attachments ]

thanks for your feedback - I'll do a few amendments

Hi all, I have put together a PCN appeal letter.Would be really grateful to get some feedback on this.I need to write a separate one for the Management company to appeal their cancellation of my opt-out and I'll share this here once I've don a draft

Thanks for the message and your thoughts so far.I will look again for the tenancy agreement but will also check out the forums you mentioned and try to draft something to send to the enforcement company and management company

I have two issues on-going.1. How do I appeal the 2 PCN tickets I have received so far?(these were issued when I believed I had opted out of a parking enforcement scheme)2. Do I have the right to appeal that I can no longer opt out of the parking enforcement scheme or do I have to abide by whatever the management company decides

Hi, I am still trying to find the Tenancy agreement but not sure I have one.But as there was no parking enforcement in place there wouldn't have been any reference to it in any agreement.The option to opt-out was accepted by the first management company but the new company are insisting I can't but have not provided any amendments to my tenancy agreement.I've attached 2 doc showing the deeds for the parking space and the summary of the tenancy agreement rules. If there was any parking enforcement rules it would have been listed here. [ Guests cannot view attachments ]

I need to get the leaseholders agreement again but from memory there was nothing about parking enforcement as there wasn't anything in place at that point and it has never been updated.I'll dig it out and post here