One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

[Nicky Boy]

On 17/03/2024 at 13:27, iamgnome said:

what's an ATA Code of Conduct

Accredited Trade Association Code of Conduct... The ahem, "rules" they have to follow.

In this case, it's the BPA.

https://www.britishparking.co.uk/code-of-practice-and-compliance-monitoring

 

[iamgnome]

Dave - you're not thick, that's exactly the dilemma here. Hence I want to see how far we can go with this. If the tickets are completely unenforceable, then we can just ignore them. But that's when I would imagine the 'freeholder' would start bringing in the breach of lease threat...

lolerz - the garages are quite small indeed. My garage is also used as storage. Yes, I can see the argument that I should find somewhere else for storage, but if there is parking, then why should I?

Nicky - that's helpful. So, if OPS have requested planning permission, then how does that go against the ATA code of conduct?

 

 

[lolerz]

I don't understand how the freeholder (which, in part is YOU) can argue it's a breach of lease not to pay a PPC invoice.

It's not a Service Charge or rent item, it's a contract between you and the parking company (As PPCs like to parrot on about all the time.)

[iamgnome]

Sure, but the part of the lease I mentioned does suggest that one shouldn't park in the common area, without written permission.

Or do you think the fact that there is a PPC here with this 1 hour rule, is evidence of permission?

[Nicky Boy]

On 17/03/2024 at 15:39, iamgnome said:

Thanks FTMDave the bays are not marked as such, but they're referred to in seperate 'management rules' which could easily be construed as written approval to use them.

Any chance of seeing these management rules?

[Nicky Boy]

12 hours ago, iamgnome said:

Nicky - that's helpful. So, if OPS have requested planning permission, then how does that go against the ATA code of conduct?

They won't have planning permission...

And, they're almost guaranteed to have contravened other aspects of the COP, which they MUST adhere to, as a pre-condition allowing them to apply to DVLA for your details.

[iamgnome]

Rules below. Key bit highlighted:

1.    Pets permitted at the discretion of the Management and can be rescinded at any time. All dogs to be on leads within the confines of the development and any fouling cleared. Failure to adhere to this directive will result in the permission to keep dogs being withdrawn & non-compliance will constitute a breach of Lease Terms.
2.    Leaseholders are liable for any damage caused to adjacent properties by themselves or Tenants up to £500.00, eg. Escape of water. This reduces the amount of small claims on our Insurance Policy & any subsequent increases in premium due to claims.
3.    Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit.
4.    An administration charge of £20.00 will be levied on each occasion any
Reminders/Statements are sent to Leaseholders, by letter or email, with regard to Maintenance/Service charges and Ground Rent arrears.
5.    Dumping of household items, other than normal household waste, within the confines of the Estate is forbidden.
6.    Smoking is prohibited by law within the communal areas. Please dispose of cigarette butts in a responsible manner.
7.    It is the Leaseholder’s responsibility to ensure that their Letting Agents/Tenants are aware of these rules if the Leaseholder isn’t resident.
8.    Garages can only be transferred to existing Flat Leaseholders.

On the DVLA point - how do I prove they've contravened??

[Nicky Boy]

14 hours ago, iamgnome said:

On the DVLA point - how do I prove they've contravened??

No, my main point is that PPC's are obliged to follow their ATA COP's, which allow them to operate.

If they don't it's all grist for the mill if / when it comes to Witness Statement time. You point out to the Judge what total charlatan's these companies are. Expecting motorists to follow their silly made up rules, whilst totally ignporing their own binding Codes of Practice.

[Nicky Boy]

So, the management rules, as you say, clearly indicate that there are "parking spaces" as such. Interesting...

[lolerz]

First part of it is nice and vague.

"Parking restrictions apply."

That's nice, what are they?

[Nicky Boy]

20 hours ago, iamgnome said:

3.    Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit.

Looks to me like this may be aimed at visitors? 1 hour can't possibly apply to residents... Surely.

[Nicky Boy]

There's something else missing that might help us.

Pictures of the signage.

Seeing as you live there gnome, you should be able to get some quality readable pics?

There should be at least one entrance sign and numerous others around the parking spaces.

[lookinforinfo]

Lolerz appears to be saying that the leaseholders, as part of the freeholders agreed to the invasion of  OPS. Did you all or was it a management decision from the higher ups without any of your assent. Is that right? If so it seems unfair and unlawful. 

[iamgnome]

Pretty sure the 'rules' are directed to everyone inc. residents, not just visitors. Have also attached pics of signage.

lookinforinfo - not sure, I wasn't around when the decision was made. Seeing as how the Directors operate opaquely, I presume it was done with minimal consultation. I could request records of when/how the decision was made. Knowing them, they'd be stupid enough not to keep any, which could help show that it is unlawful?

signage.pdf

Edited March 23 by iamgnome

[lolerz]

@lookinforinfo Bang on pretty much, a Managing Agent only ever acts upon the interest of its client. For something as significant as parking control, they would have needed permission from the freeholder (which, in this case, is the permission of the majority of leaseholders) before instructing OPC. However, where elected representatives are involved (directors) it would have likely only taken their agreement to make the change.

@iamgnome, do you have any idea what it means by "pre-authorised vehicles"? Also interesting that it mentions that it's specifically within the "assigned parking areas" which goes along with your lease.

 

[iamgnome]

Pre-authorised vehicles would be anyone who has the blessing of the MA to park there without harassment e.g. contractors working on the site. I've been told that despite this, they still get tickets, which is hilarious in its own right.

Assigned parking areas seems to help the 'written permission' bit of the lease. Would that give the lease primacy over their imaginary contract with me?

[Nicky Boy]

So, what is the process to get "pre authorised"? It doesn't explain that on the signage, which is very unhelpful. 

Sorry, just read it again... it says you are authorised only if you follow the terms and conditions... Eh?

[iamgnome]

Yes, that would also make sense. But they don't own the site, so their T&Cs are surely irrelevant?

[FTMDave]

I just don't get what the Directors want to do here.

Surely they must know the bays are used by residents and what will happen if they bring in this one hour maximum nonsense.

[iamgnome]

You'd think so...

Separately, I heard the owner of OPS (Gavin Price) is a convicted criminal lol. So, who knows what's going on...

[lolerz]

Only reason I can think of @FTMDave is that the development is near some form of public attraction like a retail park or high street and they've had issues with parking before.

 

That STILL wouldn't explain the 1 hour time limit...

[lookinforinfo]

Or the MAs are getting little brown envelopes in their back pockets................

[iamgnome]

Probably the case @lookinforinfo

Also an update, I've got the registered keeper letter. Just to check that I continue to ignore it until PAP letter comes in?

[lolerz]

Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though.

Ignore the deforestation that comes unless it's ever a letter of claim.

Any luck with the organ grinder?

[iamgnome]

Thanks @lolerz. I've attached it to the post. What do you think?

What's the organ grinder?

NTK.pdf