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    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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Can freehold residents challenge estate service charges?


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Hello All

 

1st time here, wondered if anyone has experience of the following.

 

We (and the majority of residents on the estate) are freehold houses, there are a few apartments on the estate I believe are leasehold. The management company has sent through the latest budget for 2009, and the again the costs have increased significantly.

 

The house was sold by the developer on the basis that the service charge would be £125 for the 1st year. A management company is employed to look after gardening of communal areas, communal electricity (roads not adopted yet or for at least another 2yrs), general repairs, a managing agent fee, accountancy fee, company secretary fee.

 

All this seems reasonable at £125. In 2008 it went up to £185, and for 2009 it moves to £215! And then because there was a shortfall from 2007, they charged a further £50 recently.

 

The gripe among many of the freehold residents is that the biggest cost of grounds maintenance (approx 1/2 of the total estate charge) is that the road is nowhere near where the communal area is, and we have to maintain our own gardens directly outside our houses) and a small area that the gardeners were supposed to look after was neglected for over 12 months because the landlord (the building developer) alledgedly didn't inform the management company it needed doing. Also, the management company claim it also covers repairs to "private" road, which conflicts with the council, who say that if a road is planned to be adopted, which it is, the landlord must pay for maintenance as oppose to the resident.

 

I appreciate costs will increase over time, but this is hugely above an inflationary increase, and the overall cost seems excessive for the frequency and quality of gardening (that we don't see), but as freehold, I understand we can't easily challenge the costs through leasehold valuation tribunal.

 

Any ideas anybody?

 

Thanks!

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Ok, had a look, their are a number of subsections:

 

Transferees covenants in favour of the transferor and the development

Transferees further covenants

Covenants by the transferor

Covenants by the Management Company

Covenants by the Transferee in favour of the management company and the transferor

And then a section regarding maintenance expenses

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Think it's the section on maintenance expenses that you need to concentrate. If the management company have done their homework, I suspect they can pretty well make any 'reasonable' charge for maintenance. Unfortunately, there never seems to be any definition of what is reasonable.

 

How about forming a resident's association and inviting the management people along so that they can explain everything - and you can have a go back at them?

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  • 4 years later...

You could try arguing that the contract is not a fair & reasonable one. What surprises me is that you are a Freeholder. Here's a Q. for you. Does it state within the Title Deeds, words to the effect Fee Simple as being yours? (fee simple is your right to pass on to your heirs your home). The reason I'm asking is that if so then once the Mortgage is redeemed the Property is yours in accordance with a shed load of old Acts which have yet to be repealed. Hope this helps.

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This is an old thread bellijayne. As its not been posted on for over 4 years I would think the problems been resolved, or at least moved on.

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