Free Traffic Legal Advice

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 regards


Many thanks for your guidance so far and let me know your thoughts on this

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.
thanks
Richard

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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 acknowledged

Then 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.

Thanks
Richard

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 PCN
With 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 this
Thanks
Richard

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

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

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.

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