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iamgnome

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  1. You'd think so... Separately, I heard the owner of OPS (Gavin Price) is a convicted criminal lol. So, who knows what's going on...
  2. Yes, that would also make sense. But they don't own the site, so their T&Cs are surely irrelevant?
  3. Pre-authorised vehicles would be anyone who has the blessing of the MA to park there without harassment e.g. contractors working on the site. I've been told that despite this, they still get tickets, which is hilarious in its own right. Assigned parking areas seems to help the 'written permission' bit of the lease. Would that give the lease primacy over their imaginary contract with me?
  4. Pretty sure the 'rules' are directed to everyone inc. residents, not just visitors. Have also attached pics of signage. lookinforinfo - not sure, I wasn't around when the decision was made. Seeing as how the Directors operate opaquely, I presume it was done with minimal consultation. I could request records of when/how the decision was made. Knowing them, they'd be stupid enough not to keep any, which could help show that it is unlawful? signage.pdf
  5. Rules below. Key bit highlighted: 1. Pets permitted at the discretion of the Management and can be rescinded at any time. All dogs to be on leads within the confines of the development and any fouling cleared. Failure to adhere to this directive will result in the permission to keep dogs being withdrawn & non-compliance will constitute a breach of Lease Terms. 2. Leaseholders are liable for any damage caused to adjacent properties by themselves or Tenants up to £500.00, eg. Escape of water. This reduces the amount of small claims on our Insurance Policy & any subsequent increases in premium due to claims. 3. Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit. 4. An administration charge of £20.00 will be levied on each occasion any Reminders/Statements are sent to Leaseholders, by letter or email, with regard to Maintenance/Service charges and Ground Rent arrears. 5. Dumping of household items, other than normal household waste, within the confines of the Estate is forbidden. 6. Smoking is prohibited by law within the communal areas. Please dispose of cigarette butts in a responsible manner. 7. It is the Leaseholder’s responsibility to ensure that their Letting Agents/Tenants are aware of these rules if the Leaseholder isn’t resident. 8. Garages can only be transferred to existing Flat Leaseholders. On the DVLA point - how do I prove they've contravened??
  6. Sure, but the part of the lease I mentioned does suggest that one shouldn't park in the common area, without written permission. Or do you think the fact that there is a PPC here with this 1 hour rule, is evidence of permission?
  7. Dave - you're not thick, that's exactly the dilemma here. Hence I want to see how far we can go with this. If the tickets are completely unenforceable, then we can just ignore them. But that's when I would imagine the 'freeholder' would start bringing in the breach of lease threat... lolerz - the garages are quite small indeed. My garage is also used as storage. Yes, I can see the argument that I should find somewhere else for storage, but if there is parking, then why should I? Nicky - that's helpful. So, if OPS have requested planning permission, then how does that go against the ATA code of conduct?
  8. Thanks DX, I'll ignore unless they send an actual letter.
  9. Update: Cabot's lawyers have responded to my letter. Their response was on email. They claim I made a payment in 2018. I've checked my bank account and there's nothing that was paid at the time that they claim. As expected, this is the phantom payment scam they tried before. If this is the best they have then I'm 100% sure the debt is now SB'd and they're desperate. Is it worth replying i.e. you're wrong and I'll contest this at court, so don't contact me any further. Or shall I wait it out until LBC Cheers
  10. Thanks FTMDave the bays are not marked as such, but they're referred to in seperate 'management rules' which could easily be construed as written approval to use them. Otherwise, why are we parking there and having to follow this daft 1 hour policy with the PPC (OPS)?
  11. lolerz - thanks, there is no mention of the exact location of the car park/bay, only the name of the development (which is the first line of the address). Sounds like it could be bogroll. Signature is the MA's name, no mention of freehold in the signature itself. After some digging, I can also confirm now that the 'client' is the freehold company (NOT management company), so it seems like the MA got that bit right. The specific part of the lease that worries me is what I mentioned in the OP (see below). 'No vehicles shall be parked within the grounds of the Property otherwise than in the garage forming part of the demised premises or in any other part of the Property previously approved in writing by the Landlord for that purpose' lookinforinfo - thanks, what's an ATA Code of Conduct? Also, I'm pretty sure they haven't applied for planning permission, so I'll investigate. Surely, OPS have no authority to apply for planning permission in a private residential zone?
  12. Thanks dx and lookinforinfo. I had a look at the above case, and it does indeed seem promising. Also as promised, I've attached a sanitised version of the contract, lease and deed of variation. Based on the info so far, this PNC seems like it may be unenforceable, given that I've not appealed and will follow the process outlined on this website. HOWEVER, I have a feeling that if I keep parking in the bays, despite ignoring PNCS, then there might be the possibility that I'm breaching the lease. I wonder what you guys might think about that… Lease.pdf Deed of Variation.pdf OPS contract.pdf
  13. Understood. Okay then I'll wait on the letter of claim, if they send it. Let's see what they do... Will keep you updated.
  14. Alright I'll do some more investigating to figure it out. Let's say the contract is between the freehold company and PCC, then how screwed am I?
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