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#Post#: 8388--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 25, 2023, 2:31 pm
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I have two issues on-going.
1. How do I appeal the 2 PCN tickets I have received so far?
(these were issued when I believed I had opted out of a parking
enforcement scheme)
2. Do I have the right to appeal that I can no longer opt out of
the parking enforcement scheme or do I have to abide by whatever
the management company decides
#Post#: 8397--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: DWMB2
Date: October 25, 2023, 3:36 pm
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--- Quote from: 1Pilgrin1 link ---
>
> Hi, I am still trying to find the Tenancy agreement but not
sure I have one.
>
--- End Quote ---
The deed of covenant you have shared makes reference to a lease
dated 26th April 2006, so one must exist.
From what we've seen so far, in the absence of any
clause/covenant in the as yet unseen lease, the space is yours
to use, and there's nothing requiring you to allow a third party
parking company, a stranger to said lease, to issue charges in
your space, and much less for you to enter into any contracts
with them/pay them any money. Any appeals to the parking company
can be made on this basis - you may wish to share a draft here
for feedback.
Any correspondence with the management company will be along
similar lines - although getting a copy of the lease would be
wise. Then you can refer to that and all the documents and make
clear that there is no requirement for you to participate in any
private parking company scheme, nor allow them to operate on
your parking space.
You may want to read up on cases on PePiPoo and the MSE forums
regarding residential parking, and 'primacy of contract'.
#Post#: 8400--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 25, 2023, 4:02 pm
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Thanks for the message and your thoughts so far.
I will look again for the tenancy agreement but will also check
out the forums you mentioned and try to draft something to send
to the enforcement company and management company
#Post#: 8622--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 29, 2023, 4:31 am
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Hi all, I have put together a PCN appeal letter.
Would be really grateful to get some feedback on this.
I need to write a separate one for the Management company to
appeal their cancellation of my opt-out and I'll share this here
once I've don a draft
#Post#: 8624--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: DWMB2
Date: October 29, 2023, 6:06 am
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I've removed the attachment as you have included your email
address and phone number in there.
I'd redact those and Reupload!
And as an aside, I'd leave your phone number out. You want to do
any communication with the parking company in writing, so that
you have a record of everything.
In terms of the focus of the letter, I'd focus on your rights as
the owner of the space, and primacy of contract.
#Post#: 8631--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: tonys
Date: October 29, 2023, 7:45 am
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What's the SON for, parking without displaying a permit, or just
parking there?
#Post#: 8646--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 29, 2023, 9:33 am
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thanks for your feedback - I'll do a few amendments
#Post#: 8653--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 29, 2023, 10:03 am
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I struggle a bit with getting the wording right around legal
phrases so would be good to get some additional feedback on
this.
[attachment deleted by admin]
#Post#: 8657--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: H C Andersen
Date: October 29, 2023, 10:47 am
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OP, in all honesty this is getting overly complicated IMO.
First of all, a lease is a tenancy agreement it's just that when
it's month to month or short-term occupation the term tenancy is
used, but when it's longer the term lease is used. There are
other distinctions one of which is referred to in one of your
posts in which you show the assignment agreement! This is
necessary because although you can dispose of your lease, the
freeholder needs to know that the assignee (buyer) obligates
themselves to covenants just as the tenant(seller) did.
It is clear from what you've posted that the Mgmt Co's ability
to make 'regulations' or otherwise place limits on occupiers'
freedoms is circumscribed by these being only in respect of
common areas, buildings and grounds, NOT occupiers' property per
se. They may place limits on HOW your property is used e.g. no
hanging of washing out of windows, no nuisance, no fires etc. (I
wrote this before reading the Tenancy Agreement, so a pretty
good guess on my part!) but IMO these would be either specified
or referred to in your occupancy agreement which in your case we
believe is a lease.
I think your draft strays from the centre-line.
But before you send anything, where is the mgmt co's email
refusing your 'opt-out'? With respect, and I think you've
touched on this yourself, you are not adept at compiling such
communications and I suspect that there's been miscommunication
with the Mgmt Co. Their role is prescribed and circumscribed by
their Memorandum and Articles - see the manual and you'll find
this stated clearly. They are a legal entity, they cannot simply
invent rules.
Dear Sir,
Re: ***************
On ** and **** my vehicle, VRM ****, was issued with Parking
Charge Notices presumably issued by your staff. These purport to
claim that the driver is indebted to you for a parking charge
for which they are liable by virtue of them breaching a
contract. The contract in question being one which you believe
all drivers who park in the **** area enter into with
yourselves. In the case of these PCNs the breach was ....
and when I got this far I had to stop because the PCNs in your
posts don't include the alleged breach!
Neither have you actually contacted them so you don't know
whether they would without argument accept they've made a
mistake, so I think your first letter should adopt a tone which
accepts that this is just a mistake.
So:
The alleged breach(es) pl.
The Mgmt Co's email, pl.
#Post#: 8659--------------------------------------------------
Re: Residential Parking Enforcement - right to opt out?
DIR By: 1Pilgrin1
Date: October 29, 2023, 10:59 am
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Hi,
thanks for your email and I was starting to think it was getting
a bit complicated and missing the point of the appeal of the PCN
With respect to the email I received from the management company
- this is it:
Good afternoon,
Apologies for not getting back to you yesterday, I was under the
impression one of the on-site staff was going to go to your flat
and knock on and have a chat regarding the parking.
As far as we ([Management Copmpay], [Residency] board of
directors) are concerned, you cannot be exempt from a parking
space.
I would take this up with the parking company – {xxxx] and query
it with them for further clarification as they are the one who
enforce the tickets to un-permited cars.
Thank you.
Kind regards,
********************************
Would be good to get your thoughts on this
Thanks
Richard
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