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Hi all,

 

I need your advice regarding to parking matters.

I have received a letter from the management committee as they said in the letter I am only allowed to park 15 mins where I live.

If I park my car in a private land more than 15 mins I would get the tickets.

 

It haven't say anything in the tenancy agreement about the parking restrictions.

I guess there is no contract with the parking company.

 

And also it say in the letter that they are allowed to remove my car if I don't move it.

I know it's illegal to tow a car as the Law have banned the private firm to tow or clamp in 2012.

 

The committee don't have the powers to remove my car as they dont own the land and they are not the Law firm.

I guess that I should ignore them, but I am not too sure.

Can someone please advice me whether if I should ignore it or not?

 

Here is the picture:

lettera.pdf

Edited by dx100uk
pic to PDF

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why wont you get a free permit if you live there?


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what date is that letter?


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hey Sherlock here

this isn't par chance to do with this thread that's been running since 2015 is it...?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?456030-London-Parking-Solutions-IAS-Appeal-Dismissed-What-do-I-do-now


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what date is that letter?

 

April 1st I'd say :lol:

 

 

"We reserve the right to remove abandoned/illegal vehicles".

 

Oh dear, that could cost them a few quid if they went through with it.


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Well no they won't.

 

I live in a flat with my mate so they are going to give me visitors permit.

 

They wont give me residents permit as I have to be on the tenancy so I guess I should ignore them?

 

what date is that letter?

 

The date of the letter is 27th April.

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I have received a letter from the management committee as they said in the letter I am only allowed to park 15 mins where I live.

 

It doesn't say that. It says there's a maximum 15 minutes drop off/pick up after which it must be moved to a visitors/hall car park.

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how long have you lived with you mate there??


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What happens if the tenant has two cars, one for OH and one for themselves?

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who owns the land?

It doesnt matter what vote was taken,

the residents association could take a vote to hang all parking offenders but that wouldnt make hanging legal or parking illegal.

 

If the leases of the properties allow the lessees to rent out their flats

the association has no right to try and stop someone living there lawfully from having a permit even if such a scheme was legally watertight as the lease conditions are supreme to anything they can dream up. this can land these idiots in very hot water.

 

so tell us who your landlord is and who owns the development.

Edited by honeybee13
Paras

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April 1st I'd say :lol:

 

 

"We reserve the right to remove abandoned/illegal vehicles".

 

Oh dear, that could cost them a few quid if they went through with it.

 

Why? The Protection of Freedoms Act specifically permits the removal of abandoned vehicles, and such removal does not breach the general prohibition in the act on clamping and removal of vehicles.

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Yes but they cannot remove abandoned vehicles on a whim as they have tio post a notice on it and jump through a number of hoops before it can be moved. There is no way they cna remove an illegally park vehicle without commiting a criminal offence.

Edited by dx100uk
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Yes of course, but the management committee's letter can't reasonably be read to mean they will remove abandoned vehicles on a whim without following statutory procedures.

 

So I don't agree with the advice to OP that if the management committee tried to remove an abandoned vehicle it "could cost them a few quid if they went through with it".

Edited by dx100uk
quote

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There wil be charges involved before they can remove an abandoned vehicle and someone has to pay for the breakdown truck to take it away.

 

Unlikely the PPC wil have a breakdown truck so it will be up to the management company to contract a third party to remove the vehicle after all the notices have been posted.

 

Anyway the argument here is about" illegally" parked vehicles and not abandoned vehicles.

Edited by dx100uk
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Yes of course again! But it was another poster who raised the question of abandoned vehicles, not me....

Edited by dx100uk
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Disagree, this is a tenants committee and they wont have the authority to do anything if the Landowner hasnt vested their interests into the committee ( and they wont have) then any decisions on abandoned vehicles lies with the landowner, not a group of self appointed people. Dont confuse a genaeral right with what is the current topic.

Yes of course, but the management committee's letter can't reasonably be read to mean they will remove abandoned vehicles on a whim without following statutory procedures.

 

So I don't agree with the advice to OP that if the management committee tried to remove an abandoned vehicle it "could cost them a few quid if they went through with it".

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I say again, it wasn't me who first raised the question of abandoned vehicles!

 

Your assumption that "this is a tenants committee and they wont have the authority to do anything if the Landowner hasnt vested their interests into the committee ( and they wont have)" and in an earlier post that it is "the residents association" doesn't appear to be based on anything OP has posted.

OP says it is the Management Committee.

 

Most often in leasehold flats that terminology refers to a body who have been given delegated authority to act on behalf of the landowner/lessor for certain matters, although until OP adds further information we don't know for sure the situation in this case.

 

It's premature for anyone to be telling OP that the management committee has no powers to set up or enforce this parking scheme when we simply don't have enough information to know.

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According to the letter,

the decision to appoint was made by all of the tenants who attended the AGM.

So, back to voting in hanging and a lack of authority to then hang someone and claim that they were told they could do it.

 

i take the OP's use of terms with a pinch of salt.

Many golf clubs have a management committee but they dont own the golf club, it is a proprietorial club and the owner only lets them do what they want within limits he applies and no further.

 

there is an example in this weekend's newspapers about a golf club that had 5 people asked to leave because they wanted to keep the rules as they had been for 25 years and objected to the owners decisions to attract more people.

 

these 5 were free to go and play elsewhere and weren't being stopped from doing their thing,

just got told they couldn't tell others what to do despite being the "committee"

 

they then go on to say the allocation and parking rules were voted on.

well again that doesn't affect the landowners rights and doesn't create a locus for any action.

What it does do is create trouble

 

I do agree however that we don't have enough information but the information missing wont change this particular wrong into a right

Edited by dx100uk
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Why? The Protection of Freedoms Act specifically permits the removal of abandoned vehicles, and such removal does not breach the general prohibition in the act on clamping and removal of vehicles.

 

It certainly does. But it does not give a buildings Management Company that right.

 

 

By asserting in their letter that they "reserve the right", they are wrong. They cannot reserve a right that they did not have in the first place. And if they did unilaterally remove a vehicle themselves (by calling a tow truck or whatever), they could very well be guilty of interfering with a motor vehicle.

 

Certainly they can report the abandoned or illegal vehicle to the police or council, but that's all that they can do.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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