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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Covenant Dispute with Estate Management Company


Algo1966
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The estate I live on is run by a management company of whom we have to pay a service charge to each year to maintain the communal grounds and any communal facilitates. A few years ago the communal aerial to my block of house failed. As a result the management company gave us permission to erect an aerial on our roof despite it being against the covenants. This was back in 2015.

The management company has now decided to turn off the communal aerial to save on costs (The aerial still works to other blocks on our estate) but at the same time have also decided to rescind the permission given to us to erect an aerial on our roofs. As a result our houses are not sellable as they are not capable of receiving a tv signal (Broadband is not viable, especially for HD due to slow network speeds in our area). My next door neighbour has already had a sale fall through which was close to completion because of this.

Anyway, it's in the covenants that the management company have to maintain said communal aerial system. So if after 8 years the management company want to enforce the covenants about our aerial, then I would like to do the same about the covenant to maintain the communal aerial.

So my questions, are what is my route for this ? Is this something that comes under the remit of the LVT ? What are the costs regime ? is it similar to the small claims where they are not awarded unless one party has behaved particularly bad ?

In case it's relevant, my estate has a different origin to the modern day equivalents we hear about so much in the press. My house was built in the late 60's and the developer (Wates) completed the estate in the early 70's. Originally all of the houses were leasehold and were owned by the developer. When the estate was completed, the freehold for the estate was then sold to a residents committee of which all residents are equal shareholders. The resident committee then became our management company and sold us our freeholds to our houses, while retaining the freehold to the communal areas and the right to levy a service charge for the up keep of said areas and also the right to enforce the covenants for the estate. 

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