Private parking companies

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    Private parking companies




    I have owned a flat in a residential block in Reading for about five years. Thee is a company in which I hols a share.

    Some of the tenants are, how shall I put this, not top drawer, and the new managing agents, are eager to appoint a private parking company to sort out the rogue parkers. However, the PPC which they favour is not a nice company at all, (former clampers), and from experience, once the parking problem has been solved, it will turn on the residents. It is highly litigious, and, despite my entreaties, the Directors are in favour of this move.

    Since my retirement I have been helping people avoid paying the fines many of these companies, vultures (often former clampits), try to extort from tor residents for alleged breaches of alleged contracts, often in breach of their leasehold/AST rights Her is my thread on MSE on the matter.

    My understanding is that, before the MA can impose the PPC, they must comply with the requirements of with Section 37 of The Landlord and Tenant Act. However, I believe that they intend to ignore this.

    I am selling the flat shortly and do not wish to run up huge legal bills fighting this, but would not be averse to making life difficult for the MA and directors. Does anyone have any suggestions about how I might do so?

    #2
    If you are planning on selling youf flat soon, I would suggest that you do nothing at all unless you think that the parking plans will affect the sale.

    You need the MA/Management Company to provide information to any potential purchasers, and you don't wantvto aggrevate them as this might encourage them to make your sale as difficult as possible.

    Comment


      #3
      The management company have only been in place for a couple of months. Their Allagents reviews are appalling

      {Mod - removed - no 'naming and shaming' here please}

      and I think that one of the directors of our block, a property company which owns 7-8 of the flats may have had a hand in their appointment.

      If they begger me about I will complain to ARMA and possibly the Ombudsman.

      Comment


        #4
        Ha! I was reading along to see if it was a block where I have a flat. It is.

        Frankly, I'm mystified why they chose a firm in London to manage it. Bills have gone up a lot.

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          #5
          JKD, {Mod - no more please}. I have flats in the \Borg and HA blocks but both cars are parked in the lower car park. I suggest you complain to the Directors and the MA. i . I have warned them both that the presence of these parasites can have adverse effects on sale prices and rental values. Have you checked their feedback on Allagents?

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            #6
            Oh, I agree, those feedbacks are awful, and more or less what I'd expect.

            My experience at other blocks where I have tried to fight corruption is lack of support due to apathy of fellow lessees. (Even the owner occupiers.) I can't be bothered with it any more.

            Comment


              #7
              Originally posted by D P Dance View Post
              If they begger me about I will complain to ARMA and possibly the Ombudsman.
              Its not just what they can say to a potential buyer, but the fact that the buyers solicitor will make you reveal whether there are any disputes with the management company or neighbours.

              Comment


                #8
                I had a similar problem when I moved into an apartment with 2 parking spaces. The Management Company had employed a Parking Company. However, the contract stated that Directors could, within 5 days, contact the parking company and void the tickets if they were issued for legitimate residents who had perhaps forgotten to put the pass in the windscreen. I still did not see why I should have to display a ticket in a car in a parking space I had 'effectively' paid for as part of my lease. I took this up with the Management Company and they and the parking company have agreed to exempt my spaces from the parking scheme.

                Comment


                  #9
                  Originally posted by DPT57 View Post

                  Its not just what they can say to a potential buyer, but the fact that the buyers solicitor will make you reveal whether there are any disputes with the management company or neighbours.
                  Are you sure about this? Does the form TA6 require mention of disputes with MAs? In my opinion a query with an MA, particularly if it is concerns possible lawbreaking by that MA, should be of no interest to a buyer.

                  Comment


                    #10
                    Pretty sure. I just looked at the Property Information Form for the house I sold in 2017 and it asks as number of pertinent questions:

                    Do you know of any current or past disputes about this property or any neighbouring property?

                    Have you ever complained about a neighbour’s use of their property, or have you received any complaints about anything you have, or have not, done as an owner?

                    Have you sent or received any letters or notices about your property or a neighbouring property (e.g. from or to neighbours, the Council or a Government department).

                    ...Are you aware of any agreement or arrangement concerning the use of any of these services?

                    Do you have to contribute to the cost of use or repair of anything used jointly e.g. private road, shared drive, boundary or drain?

                    ...Has anyone taken steps to stop, complain about, or demand payment for, such access being exercised?

                    Please provide details of the parking arrangements at the property


                    This was for a freehold property so didn't ask anything about Management Companies but I've no doubt there would have been similar additional questions had it been leasehold.

                    Of course it would be of interest to a buyer. Why would anyone not want to know about parking problems and potential litigation against them when buying a property!

                    Comment


                      #11
                      I am not in dispute with my MA, just advising them that if ,they persist in this cause, I might be.

                      Comment


                        #12
                        Originally posted by HarryH View Post
                        I still did not see why I should have to display a ticket in a car in a parking space I had 'effectively' paid for as part of my lease. I took this up with the Management Company and they and the parking company have agreed to exempt my spaces from the parking scheme.
                        Were they charging you for permits? If not, I don't really see what you gained from this.

                        Comment


                          #13
                          Whether they were charging or no is of no consequence. If the lease makes no mention of a permit PPC cannot charge you for not displaying one. If yhey take you to court they are very likelty indeed to lose, read this.

                          http://parking-prankster.blogspot.co...l-parking.html

                          Comment


                            #14
                            Originally posted by D P Dance View Post
                            Whether they were charging or no is of no consequence. If the lease makes no mention of a permit PPC cannot charge you for not displaying one.
                            I disagree - whether or not residents are charged for parking permits is a relevant consideration.

                            While it may be true that 'penalty' charges cannot be charged under the terms of a lease, in the example given by HarryH the contract with the parking company meant that tickets issued to residents could be cancelled anyway.
                            If leaseholders/residents are not charged for the parking scheme, or if leaseholders have to pay anyway (whether as part of the service charge, or as shareholders of a management company) then having parking spaces that have been allocated to you excluded from a scheme would just mean that your parking spaces lose any protection the parking scheme might provide and anyone can park in your space without fear of penalty.

                            Comment


                              #15
                              Why do you think the appeal rules are so prescriptive? Because they still want to catch out leaseholders who don't comply in time. There is also likely to be a commission paid for 'successful' tickets, so an incentive for someone not to cancel.

                              Slipped permits, faded permits, out of date permits, new car, courtesy car, friends visiting or even just 'mistakes' are all reasons why a ticket might be issued.
                              If you think the risk of that is lower than the inconvenience caused by your space being abused, then feel free to sign up for such a scheme (and also watch out for penalty clauses if you leave the scheme).
                              But, for many people, it doesn't make sense to give someone else the power to charge them for using their own land.

                              Comment

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