Parking restrictions on Housing Development

[Peter_T]

Hello! I and my fellow residents have received a letter from the Property Maintenance Company of our housing development (we're leaseholders).

 

It says that they have appointed a parking firm to slap £60 tickets on cars not parked in marked bays. The reason why some of our cars are not always parked in marked bays is because they didn't build enough spaces for the number of residents that are living here.

 

The street isn't a highway yet as the development hasn't been adopted by the highways people.

 

Do we have to pay the charges to this Private Firm if we don't park in marked bays, if we do, we'll all have to find parking elsewhere in town and walk home which is ridiculous!

 

Any help would be appreciated...

 

Peter.

[lamma]

does your lease mention it ? they cannot unilaterally impose a contract on you. I suspect the Company is on a cut of the takings and its a self ticketing operation.

[Peter_T]

There's a paragraph in the lease under Management obligations that requires them to address any impact by road vehicles - so I guess we're stuffed?

[lamma]

why ? that is not blanket agreement on your part, and you can't bind third parties to contracts (in this case the contract the Company has taken with the PPC). what does it say exactly ?

[Peter_T]

I see what you mean. As with many lease queries it's in the interpretation. Here's a few quotes from the Management Obligations:

 

"That the Management Company and persons authorised by the Managment Company have access to the estate"

 

"...falling trees, branches, damage to underground services and impact by road vehicles as are from time to time included within the requirements of the Council of Mortgage Lenders"

 

The beef is that the Property Maintenance Company thinks our parking on curbs restricts access by emergency vehicles and is "unslightly for neighbours". There is no visible restriction and this is just them grasping at straws we feel. We have no other choice of parking given the density of the Development is not supported by adequate parking.

[lamma]

nothing there that lets them impose this money making scheme at your expense. what does it say about access for emergency vehicles in the lease ? I the impact statement looks like repairing damage/physical upkeep to me (from that snippet). unless there is something binding in the lease get the neighbours together and tell the Company to go jump - politely of course i.e. they have no right nor ability to bind you to this 'contract'. And demand a copy of the contract - odds are its rubbish anyway. if they refuse to supply it get that refusal in writing. have you checked that the Company and the PPC aren't 'related' in some way ?

[Peter_T]

Thanks. It's interesting you ask whether the Maintenance Company and the PPC are related as there's no mention of the name of the PPC in the two page letter they sent us. It's all a bit vague and there's a distinct air of desperation. My own hunch is that the reason they want the cars out of the way is because it's opposite the showhome and it prompts awkward questions from potential buyers.

 

I'll ask for a copy of the contract between the PPC and the Maintenance Company, double check my lease and buy some pitchforks and flaming torches for my fellow residents. I'll keep you posted on how things go.

 

Thanks for your help.

 

P

[lamma]

what doers their desperate letter say ? seems to be key in telling them where to go. which PPC is it ?

[Francesco]

Is there a residents association for your block/estate ?

 

If not, form one, this parking malarky will be just the thing that should galvanise opinion and generate some solidarity, even residents without cars must see this as a threat to any visitors or even deliveries they receive.

 

I had a similar experience where I lived and successfully blocked plans to issue permits and create a climate of clamping extortion, we said we could manage our own parking problems, the managers should be focused on the needs of their residents and not thinking up new ways to make life difficult, don't accept the BS that it's in the interests of all the residents, if they try to pull that stunt ask them to produce copies of letters etc, moreover they have an obligation to consult, especially if there is a residents association, also if it suits the residents to have some sort of "clamping service" you should be entitled to agree the terms of reference with the firm, ie what constitutes an offence.

 

The formation of an association is easy and model rules about appointing chair/treasurer etc are plentiful, providing you are meticulous on set up you could even ask for grants from a number of sources, including the management company and developers.

You might also get some help on forming an association from one of the forums dealing with leaseholder/tenant/landlord issues, there is sure to be someone who has had experience of dealing with owners and freeholders.

[Tony P]

As you are Leaseholders you may have the right to take over the management yourselves - depending on the qualifying status of the property. Then your own RTM (Right to Manage) company dictates matters.

 

Look up L.E.A.S.E. - the Leasehold Advisory Service. An independant government sponsored organisation to assist Leaseholders.

[Peter_T]

Thanks, I'm following up some leads and will let you know the outcome.

[Peter_T]

There's a few avenues I can go down, but just one thing, should I send a response now to their letter that announces the restrictions, or wait until I receive a parking ticket before responding?

[Francesco]

There's a few avenues I can go down, but just one thing, should I send a response now to their letter that announces the restrictions, or wait until I receive a parking ticket before responding?

 

I think you should get your retaliation in first, don't wait for someone to be ticketed, if it's someone else, ie another resident/s receiving a ticket, they might just go and pay it/them, then it's much more awkward for you and you may be stuck with an imposed regime.

 

As others have also suggested you should consult with other residents or you wont have any credibility and they (the managers) will crush you.

 

You need to be clear about what you want to achieve before you write to them and ensure you have the support and agreement of the other residents.

 

A good start would be a simple note from you to other residents and seek feedback from them, you will at least then be able to guage opinion and get a feel for their mood, this will inform any decisions you make about letters to the management company, who should welcome any resident involvement.

 

F.

[BoardinBob]

Peter, would you mind saying which city & area within it you live in, as your situation sounds remarkably similar to mine and I'm about to go to war with my property factors!

[Bumble92]

I'm also having exactly this nightmare with our housing development at the moment. I'm in Tunbridge Wells, Kent. The management company have instructed a PPC to ticket and then clamp anyone parked outside their own house! Absolutely shocked to say the least as now we can't have a single visitor and this is a major problem for us as we have two very young twin babies and our family all live far away and are very elderly so now cannot come and visit as there is never any space on the nearby roads for them to park either. Please help with what we can do about this. We've written to the management company but they don't want to know and have told us the issue is closed, end of story. That's the parking restrictions and they'e staying put they won't listen to anything we say. It's like banging your head against a brick wall.

[lamma]

I hope you have this in writing from the management company . what does it say in your lease about parking ? have you signed a contract or agreement to allow this ? what is the name of the management company ? which PPC is it ?

[pin1onu]

Have they put any signage up that indicates clamping will take place. They can't clamp without it.

[Al27]

You need to start your own thread with more information, the communication between you, plus photos.

[electron99]

I'm also having exactly this nightmare with our housing development at the moment. I'm in Tunbridge Wells, Kent. The management company have instructed a PPC to ticket and then clamp anyone parked outside their own house! Absolutely shocked to say the least as now we can't have a single visitor and this is a major problem for us as we have two very young twin babies and our family all live far away and are very elderly so now cannot come and visit as there is never any space on the nearby roads for them to park either. Please help with what we can do about this. We've written to the management company but they don't want to know and have told us the issue is closed, end of story. That's the parking restrictions and they'e staying put they won't listen to anything we say. It's like banging your head against a brick wall.

 

I would write to the management company saying that if they don't resolve this issue, you will canvas support from a majority of the rest of the residents on the development and,as is your right, sack them and appoint or set up another management company.

If you are paying maintenance fees to this management company you have a right in law to have a say in how they represent you, and indeed, ultimately sack them.

[Francesco]

I would write to the management company saying that if they don't resolve this issue, you will canvas support from a majority of the rest of the residents on the development and,as is your right, sack them and appoint or set up another management company.

If you are paying maintenance fees to this management company you have a right in law to have a say in how they represent you, and indeed, ultimately sack them.

 

Good advice here, but the wrong way round, canvass your neighbours FIRST, then write to the company, also copy and distribute the reply when you receive it, you could also (subject to support) request or demand suspension pro temp of the new/current parking regime.

 

To garner more solidarity consider inviting your neighbours to a meeting in your home, (or someother venue depending on the logistics) you will also have sewn the seeds for a Residents Association and that I promise you will give you all a better existence and a little more empowerment.

 

F.