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lrodin

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  1. I don't have a contract for the clamping company; I have looked through the deeds of my property and the land where the car was clamped is deignated as "common areas with shared use for pedestrian and vehicles" as oposed to "external areas under management company control". Again according to my deeds I own a share in the management company, and am assuming that the directors appointed PCS on the advice of the company who are employed to adminster the management company. The "communal area" is defined as "the decorative soft landscaped areas formeing part of the development shown stippled on the plan which is to remain in private ownership and which is enjoyed in common by the occupants of the dwelling" I am obliged to pay a miantenace charge annually (which I do) for the up keep of the communal areas but no where in my deeds does it restrict my access or use of the parking facilities or the land 'owned' by the management company (which I own a share of). Am I right to contact the management company and should I hold them liable for the costs I have incurred? Leon
  2. I am a property owner in an estate in which the management company has employed PCS. I have read through these threads and others on the site and am after advice as my partner was recently clamped outside our house while she was visiting our tenants. We were issued with two permits, and have two allocated parking bays so the prmits were in essence for visitors. We agreed to give both permits to our tenants (as there were 4 of them) on the understanding that if we needed to visit we would pop into the house to collect a permit to display in our car. On the day my partner was clamped she was in the house with the tenants getting the permit! A neighbour even told the clamper where she was but he continued to issue the ticket and fit the clamp. The neighbour called on the house, my partner came out remonstrated with the clamper to no avail and the result was she had to call their premium rate number, pay for the ticket, release fee and even a £5 card handling fee. We have since appealed on the basis that we pay a management fee for the use of the parking area and upkeep of the communal areas to the management company that was set up when our house was built. We also explained the circumstances of the clamping etc. Today we have received their automated response rejecting our appeal and I then started to look online for advice and to start a claim through the small claims court. Having read the various posts on the site I have realised that my attempt to take legal recourse is unlikely to yield a refund from PCS if the court rules in my favour so I thought that I would add a post to see if anyone could offer some advise in regards to next steps. I will be calling the management company tomorrow to discuss with them and as an owner of a property on the estate feel quite agreived that PCS were contracted with in the first place. Can anyone offer some guidance on possible next steps? I have seen lots of suggestions of making a joint claim against the land owner (management company) and PCs, but cannot find any suggestions of sucess in this - has anyone been sucessful in getting money back from the land owners? Before I take further action any advice would be hugely appriciated. Best wishes Leon
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