Freeholder running business in common areas?

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    #46
    Lorimer,

    That is a great post, it's just made something click in my head.

    The freeholder has marked out no physical spaces - he's just erected signs and sent parking inspectors out. (We're hoping this will help us challenge the CCJ proceedings because how can someone park in a designated parking bay when there are no designated parking bays?)

    For this and a few other reasons, the car park is very quiet so if it IS making a profit (unlikely imo) its a very modest one. The distress caused to residents, on the other hand, is significant - which is why the Freeholder is getting so much pushback from us. The cost / benefit ratio seemed very skewed to me. But if he's trying to establish the business as a justification to increase the freehold value? That's where the cost benefit ratio balances up. That may be the root cause for all this.

    Do you know how one goes about proving RFR wasn't served to leaseholders? No-one here remembers being offered the freehold.

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      #47
      Others will be along to advise about RFR Benzo, but it may take a few days as they aren't here every day.

      It occurs to me that you should try to get the freeloader to give up this parking venture with the civil disobedience and court cases before you try to acquire the freehold, so this does not affect the price. Any news on the parking fines summonses?

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        #48
        I think you're absolutely right JK0. This thread, and your advice especially, is really helping crystallise this situation for me.

        We're just waiting for court dates against the Freeholder as we speak. That should give us an idea on how hard he's going to fight it.

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          #49
          Originally posted by leaseholder64 View Post
          I think private to public car park may be a planning breach, so talk to the council's planning department, assuming the lease doesn't forbid such approaches.
          I've finally got through to the council who told me that residential car park to commercial car park does not constitute a planning breach as the land use (parking cars) has not changed.

          They did suggest that the freeholders should have consulted us on this change (which they did not) before carrying it out.

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            #50
            Hi guys

            Bit of a development on this one. We've been waiting for our day in court to challenge the CCJ proceedings, and we've been given one date which is in June. Waiting on the others.

            However, the Freeholder has appeared to skip this process and issued High Court Writ of Controls against at least one resident, with two more in the bag. The poor guy is sitting out front of our block now with clamps on his car even though his lease says he is entitled to park there. It is absolute madness.

            I appreciate that this is not a legal forum but does anyone know how the heck we can challenge this? Is it just a question of paying the money and challenging it later? Or what the flip?

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              #51
              I don't see how 'fines' could escalate to the high court without the lessee being aware. Did he not go along to court and argue his case?

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                #52
                Looks like that's the miss. The leaseholders who are challenging the CCJ proceedings do not have high court judgements issued against them; the bailiff reckons only the leaseholders who ignored the proceedings are the ones with the judgement against them.

                I can't speak to their actions but it does look like he's telling the truth. The two guys I helped to challenge their CCJs do not have any paperwork issued in their name, at least not so far.

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                  #53
                  Ah, well more apathy. Maybe this will teach them that the freeholder is not a nice person.

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                    #54
                    Originally posted by Benzo View Post
                    The poor guy is sitting out front of our block now with clamps on his car even though his lease says he is entitled to park there


                    Me, I would call the police ( With lease in hand ) saying he is on common ground that is part of the estate, and for use by the leaseholders, and the freeholder has unlawfully clamped your vehicle ( show them the lase )..

                    If police are unresponsive, then grind off the padlock. If the lease says you can park there, and there is no other legal paperwork saying you cant, then the freeholder has committed an illegal act against the terms of the lease.

                    Is the aboandoned - drug users car clamped ?

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                      #55
                      Ah, well that was my initial reaction too, Ram. However, those clamps have been installed by virtue of a high court judgement, because the car owners were too idle to go to court. Therefore the clamps have to stay until the judgement is paid/ set aside.

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                        #56
                        Yes, this seems to have been it - shame, I think they could very much have done with a bit of Ram-style mischief-making a few months ago but it looks way too late now - I recommended he pay up and challenge where possible afterwards. His story is that he never received the paperwork notifying him of the county court proceedings which I suppose is possible, but he also said that he thought that his landlord was dealing with it, so it can't be both.

                        At least the guys who are legally challenging it are not yet being served.

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