Landlord imposed Parcking Enforcement Co

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    Landlord imposed Parcking Enforcement Co

    The Landlord contracted a Parking Enforcement Company to patrol our Secure Car Park. The Parking Co has demanded we each buy a Permit to Park and dishes out 'fines" if we do not have a Permit, they are then very forceful in chasing fines, even using Debt Collection Agencies.

    There is no requirement in the Lease for a Permit, but the Landlord relies on a Clause in the Lease which states "Landlord can impose rules for use of the Car Park".

    As the Landlord (via the Parking Co) is demanding Money can this be described as a Variable Service Charge?

    If the Fine and other charges do not contain the usual explanatory documents that accompany a Service Charge what legislation has been broken?

    #2
    Will be watching this with interest as I am in a very similar situation.

    We took the Freeholder to LVT (as was) who found that there was no provision within the lease to extract parking charges from residents, so it was not reasonable behaviour by the FH, and all charges were disallowed. This approach may be negated by your FH's clause to be able to 'impose rules' but worth bearing in mind if the lease isn't explicit about the right to extract parking charges.

    I'm also investigating the 'change of use' from residential to commercial with our local planning dept - if the change from one to the other requires planning permission, and that planning permission was not sought or granted, that may be another angle to approach it from. EDIT: But probably only if your FH has opened the space up to non-residents.

    Comment


      #3
      Whilst I'm not certain that the permit fee is a service charge (although it does seem likely), the fines are not. They may will be administration charges, which require different formal paperwork.

      The permit will also be more of an administration charge, if you only have to buy it if you want to use the parking.

      Comment


        #4
        Why don't the leaseholders get together and buy the freehold and get rid of the parking company.

        Comment


          #5
          My Lease states

          - Allocated Car Parking Space - the car parking space (if any) shown edged red on the Plan denoted Car Parking Plan

          - the exclusive right to park a private motor car or motor cycle on an Allocated Car Parking Space allocated by clause 1 .2 (if any) together with the right to drive over such part of the car park and Accessways as are required to gain access to and egress from the space

          - comply with such regulations as may be reasonably issued by the Management Company from time to time relating to the use and management of the Estate

          How is it reasonable to impose charges for using my Demised Property?
          Secure floor to ceiling gates stop anyone else parking in our car park.
          Could they impose charges for using my Lounge?

          If the charges are Administration Charges, what documentation should accompany the demand? All we got were Parking Notices in a little yellow bag.
          Last edited by Magnus; 10-01-2018, 10:30 AM. Reason: Edited for bad formatting

          Comment


            #6
            The parking space seems to be an easement, not a demise.

            My guess is that you would have to go to the FTT for certainty, but there is a good chance they might rule in your favour.

            The notice for administration charges is in https://www.lease-advice.org/advice-...arges-england/

            Comment

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