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#Post#: 8287--------------------------------------------------
Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 24, 2023, 12:00 pm
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I have own an apartment in a large residential property
(leasehold) since 2012 which is managed by a facilities
management company.
I have my own designated parking bay which listed in my deeds.
When I moved in there was no parking enforcement scheme but this
was introduced by the facilities management company in 2016.
I didn't want to participate in the scheme so agreed with the
then facilities management company that I would opt out and I
have email evidence of this.
I did get the occasional ticket which I raised with the
facilities company and they got the parking enforcement
organisation to retract the ticket.
In 2022 the facilities management company changed and in June of
this year they emailed all tenants to say they were introducing
a new parking enforcement company. I email replied to state I
had opted out previous and wish to continue to opt out.
I didn't receive any reply.
About 5 weeks ago I received a parking ticket so I emailed the
new facilities management company to re-state I had opted out
and please get the ticket rescinded. They emailed back to say I
can't opt out.
Since then I have tried to call on multiple occasions and nobody
was willing to speak with me to explain why I couldn't continue
to opt out.
I had to continue to park in my bay and I have now received a
further ticket whilst this issue was (in my opinion) in dispute.
I have now sent them evidence from correspondence with the
previous facilities management company stating I had opted out
but the new management company just replied to state that it is
not possible to opt out.
There is nothing in my leaseholders agreement to state I have to
participate in a parking enforcement scheme.
So, is legally possible to opt-out?
Should my opt-out from the previous scheme have rolled-on to the
new scheme; or if not should I have received formal notification
And, would it be an acceptable argument to argue the 2 current
tickets I have are invalid as they were issued when I have
documented evidence of my opt out and hadn't at that point
received notification on any changes to my opt-out.
thanks
#Post#: 8288--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: DWMB2
Date: October 24, 2023, 12:26 pm
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Can you show us what exactly your leasehold says in regards to
parking? From what you've said so far, there's a potential
argument to be made that you have an existing right to park in
the space, and as such, you have not entered into any contract
with the parking company (the parking charges being alleged
contractual charges).
Additionally, are you able to show us the parking charge(s) you
have received? Depending on their contents their may be a simple
way to get them cancelled - whilst this wouldn't resolve the
overriding issue, it would allow you to continue seeking a
resolution with the management company and/or the parking
company without the threat of potential court action looming.
#Post#: 8290--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: H C Andersen
Date: October 24, 2023, 1:12 pm
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As said, we need to see the lease as it refers to:
Parking;
Resolution of disputes.
We also need to know the relationship between the other party to
the lease (the landlord) and the 'facilities management
company'. Then the question of why have you not contacted the
other party to the lease about this matter might come into
focus. If any action by the FMC purports to rights of you or the
landlord then they should also know what's going on.
Today parking, tomorrow walking on cracks in the pavement?
#Post#: 8292--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 24, 2023, 2:29 pm
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Hi - thanks for your comments so far.
I have attached a photo of the ticket
Plus the details of the tenants manual.
There is nothing specific relating to parking as this was issued
prior to the parking enforcement being introduced and I haven't
seen any subsequent amendments.
They have listed a few points that are non-permissible but
nothing to do with parking.
[attachment deleted by admin]
#Post#: 8293--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 24, 2023, 2:29 pm
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and the ticket
[attachment deleted by admin]
#Post#: 8294--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: DWMB2
Date: October 24, 2023, 2:38 pm
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We don't need the tenant's manual, we need the wording of your
lease.
What parking company is it?
#Post#: 8295--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 24, 2023, 2:43 pm
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All parking Services UK ltd
[attachment deleted by admin]
#Post#: 8296--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 24, 2023, 2:44 pm
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I need to get the leaseholders agreement again but from memory
there was nothing about parking enforcement as there wasn't
anything in place at that point and it has never been updated.
I'll dig it out and post here
#Post#: 8301--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: sparx
Date: October 24, 2023, 3:42 pm
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It's not so much parking enforcement, but what your lease says
about you having the right to park.
#Post#: 8387--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 25, 2023, 2:29 pm
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Hi, I am still trying to find the Tenancy agreement but not sure
I have one.
But as there was no parking enforcement in place there wouldn't
have been any reference to it in any agreement.
The option to opt-out was accepted by the first management
company but the new company are insisting I can't but have not
provided any amendments to my tenancy agreement.
I've attached 2 doc showing the deeds for the parking space and
the summary of the tenancy agreement rules. If there was any
parking enforcement rules it would have been listed here.
[attachment deleted by admin]
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