Parking charge/ lease

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    Parking charge/ lease

    I'm currently fighting a parking charge I got where I live and own the leasehold of a flat. Due to a mistake the permit I have in my possession was not displayed in my vehicle. Words can not even describe how I feel about the private parking company who despite my appeal (which is a very sh**y longed out process) are now demanding £100. It appears these people will do anything to create a revenue even from residents. I find it completely baffling that the charge was not immediately cancelled after proof of permit/ residency was provided and that they have continued to ignore reasoning.

    I've heard all the just ignore it its an invoice stuff and everything else. Unfortunately there was a case several years ago where the person fighting the parking company lost giving the parking companies a bit more clout. However this case does not apply to residential parking something they have chosen to ignore.

    Long story short I am trying anything to get the scum off my back and have now tried to have the management company cancel it but they are saying it's out of their control which I'm sure is not true as the contract is between themselves and the parking company so they have the means to cancel it.

    I've found out through much unwanted time spent researching the subject that if it was to go to court as last resort I'd have a fair chance at winning as the lease says the right to park one motor vehicle with no mention of permits or fines etc but someone mentioned there is a part of the lease which the parking companies may try to use against a leaseholder:

    "comply with and observe any reasonable regulations which the company may consistently with the provisions of this deed make to govern the use of this property and any part thereof such regulations may be restrictive acts done on the property detrimental to its character or amenities and any costs charges or expenses incurred by the company in preparing or supplying copies of such regulations or in doing works for the improvement of the property providing services or employing gardeners porters or other employees shall be deemed to have been properly incurred by the company in pursuance of its obligations under part IV of the schedule hereto"

    Does anyone have any idea how it is decided what is deemed reasonable or unreasonable for the management company to impose on leaseholders?

    You are quite right, the management company has an agreement with the parking company and of course it can ask for the charge of £100 to be withdrawn. You may wish to ask the management company to disclose the benefits which it receives under the agreement,

    The lease gives you the right to park one motor vehicle (presumably without charge) so any regulations which deny that right or charge a sum for that right are unreasonable.

    The regulations are only reasonable to the extent that they attempt to stop unauthorised use of the parking area,

    The argument against you is that you could have given the permit to someone else and thereby you could have parked 2 vehicles in the parking area, so you may need to be able to demonstrate that the permit was not and could not be used by someone else.


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