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johnnic

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About johnnic

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  1. I am still very interested in the two specific questions I asked if anyone has any views: (1) In the Davey v UKPC case, is it known if Mr Davey was a freeholder or leaseholder of his property? Does it make any difference? (2) Any suggestions on how we might deal with our recalcitrant property manager? Thanks
  2. Thank you for your advice. To answer your specific question: Our lease gives us "the exclusive right to park one private motor car in each such parking space..." The lease also requires us "to comply with all reasonable regulations which the landlord may make and publish in respect of the use of car parking spaces within the Parking Area". There is no specific reference to permits or the use of parking companies to monitor the parking.
  3. Thank you for your response, it is very useful. In our case, we elected to pay the 'admin fee', notwithstanding that we thought an appeal to POPLA would be successful, because we did not want to continue receiving demand messages whilst we were out of the country which we often are for months at a time. We had numerous written conversations with the property manager about this issue, asking him politely to have the parking charge notices cancelled given the obvious absurdity of the situation. The property managers was not prepared to become involved, arguing that it had nothing to do with them. Right now, our main objective is to try and talk some sense into our property manager so that these sorts of situations cannot arise again. We have suggested alternative approaches to him including the issuing of a permit in perpetuity for leaseholders of the property but they will not consider it as an option, continually arguing that they cannot do anything related to the parking. They have effectively washed their hands of the problem. Any advice that might help us deal with the property manager would be welcomed. We don't want to establish an antagonistic relationship with them but nor can we accept their idiotic approach to this issue. The Davey v UKPC case might be a good starting point, if I can establish that it is a good precedent for our situation. My major concern in that regard is that I had the impression that Mr Davey was a freehold owner of the land on which he was parking whereas in our case we are leaseholders and do not 'the land. Any and all advice would be welcomed.
  4. Hi all I know this is an old thread but it is very relevant to my own current situation and I would love to hear from the OP about a specific question I have but I am new to the forum and cannot PM him directly. Below is a copy of the PM I wished to send him. If anyone thinks they can answer my question or possibly PM the OP, that would be MUCH appreciated. I have already posted to this forum on my issue and received valuable advice. I am now specifically seeking advice on an issue that I see as a possible sticking point as set out below. _____ I have read with great interest (and admiration) of your successful battle with a private parking company who illegally imposed a parking charge on your vehicle parked at your residence. I am currently in a very similar situation and would welcome your advice. Specifically, we are leaseholders (owner occupiers) of an apartment in London. As I understood your note (perhaps incorrectly) you own the property freehold. Is that correct? Will that make a difference in your view? In our case, the purchase price included the exclusive right, as set out in the lease, to park one private vehicle in a parking space of the building. The lease further requires the leaseholder to “comply with all reasonable regulations which the Landlord may from time to time make and publish for the detailed administration of the building". The property manager, acting on behalf of the landlord, has instituted a regulation that requires all cars to display a permit. Failure to display the permit, or (as in our case) displaying a permit which had expired by two weeks, results in a private parking charge being imposed by a private parking company (ParkDirectUK) employed by the landlord. We recently received several private parking charges totalling £500 (5 x £100) when we left our vehicle in our authorised car space but without an up-to-date permit as we were out of the country on holidays. During our absence, the requirement for a new permit was advised to all leaseholders through a rote note in our letterboxes (to which we did not have access as we were out of the country). In my rush to get this sorted out, I appealed to POPLA only to discover after more extensive reading that I hadn’t really followed the format that they expect. As a result, I didn’t consider it likely that they would uphold my appeal and I agreed to pay the parking company an ‘admin fee’ of £120 on the basis that I would remove my appeal immediately. I am not now looking for a way to avoid this particular charge as I accept that it is settled More importantly to me, I am looking to how this can be dealt with in the future should a similar situation arise. What do you think? Is your situation markedly different from ours? I want to be able to go back to our landlords and quote your case to them in the hope that they will change their awful system which unfairly targets people who have purchased their parking space when they purchased the property. Hope someone can help.
  5. My concern is that the landowners, through the property managers, refuse to take any action. They argue that the 'fines' should be paid as we did not follow the landlord's requirement to renew our annual permit and there are plenty of signs to indicate that parking without a valid permit is liable to lead to an infringement notice. I cannot argue against that. We were aware that an annual permit is required, despite the fact that our lease provides us with the legal right to a parking space. Unfortunately, we were away at the time a rote letter was placed in our mailbox advising us that the permit had to be renewed. As a result, we were unable to comply with the landlord's requirements to have a valid, up-to-date permit.
  6. That is comforting. May I ask on what basis you believe this to be the case?
  7. The company concerned is a fairly large, London based parking company that deals with several apartment buildings. I'm assuming, maybe incorrectly, that they will carry their threats through.
  8. My terminology may be wrong. They refer to it as a Parking Charge Notice. Within the definitions section of the lease it says "parking space" and then in the schedule there is a paragraph that gives us the exclusive right to park one car in the parking space. Specific parking spaces are not allocated to the individual, just that we have the right to a parking space on a particular level of the building.
  9. We are the owner / occupiers of an apartment in London that, under the lease, includes the right to a car space in the building. The property managers use a permit system which requires all cars parked in the building to display an annually renewable permit. They employ a private parking company to monitor the parking in the building. We recently returned from an overseas holiday to find that we had received five parking charge Notice over a two week period totalling £500 for not displaying a current permit. The permits had expired during our absence and the property manager had not advised us by email, as they have in the past, that we needed to take action to renew the permits by a given date. We have asked the property manager to request the parking company to waive the parking charge Notices but they have refused to do so. We have appealed the fines to POPLA and that process is still in progress. The parking company are now threatening court proceedings or the use of a debt collection agency if we do not pay within 14 days. We now find ourselves in a situation from which we currently see no alternative other than to pay a private parking company £500 in parking charge Notices for parking our car in the building carpark in which we have the legal right to park. It seems absurd and very unfair to us but we do not know where we stand legally and hence this request for help. Thanks
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