[Sloper]

I was out onsighting Nik's Wall, well I walked up to it without even looking at the guide, can I claim 7a for that?

PS there's a fair bit of chalk on the holds.

Paul,

Not wholly my area but pm me and we'll perhaps have a chat tuesday, I presume you still have my number.

[dave]

if you own the space, and you employ and pay the wages of the people running the parking then you should be calling the shots. I wouldn't have thought they should be able to bring in new policies without the sayso of residents.

[Paul B]

as sloper pointed out its leasehold so its not quite that straightforward. There isn't anything in the lease regarding this kind of thing though it only says I can't park a rusty shit heap in there or abandon a car in there or park a truck etc.

[shark]

I'm even more dour in real life

Not true

[Paul B]

Not that I think its likely but if anyone is ever stuck in a similar situation the leaseholder advisory service seems ok and is free. They'll review your lease and advise you on anything to do with it.

Currently they have all of the details. Whilst each day I get a new person from the management company ringing to tell me there is no visitor parking 

Turns out the company in question uses Trespass laws to fine you. Its surely going to be extremely hard for them to convince anyone that I have tresspassed on a piece of land to which I own the lease (they obviously didn't read the lords prayer very well).

[Johnny Brown]

It may be a myth, but I thought you couldn't be prosecuted just for trespass? Unless you cause damage, in which case they then do you for that.

[Paul B]

No its a myth, they're allowed to recoup reasonable losses which shouldn't be too hard for them to do....

[Johnny Brown]

In England and Wales, while one can easily run into a notice warning that "trespassers will be prosecuted," it will only bring a civil liability, unless the trespass is aggravated.

Sloper?

[Sloper]

Utter bollox, I think that there's still an offence under the vagrancy act of 1874 of being found in enclosed premises as a trespasser.

As for them being able to issue a fine, as I recall only Courts can issue fines.

Sure they could bring proceedings, it would be small claims track so they'd get fucked for costs, I'd be tempted to call their bluff and argue that they're seeking to interfere with easments over your property viz a viz access (note I'm really not a property lawyer).

Have you had a response from the management committee etc yet?

[Paul B]

yes thats why they're not technically fines but invoices. According to the pepipoo forums they're notouriously bad at selecting their words until the final letter where everything switches to "invoices" and "debt".

Yes the management company did get back to me. Ignoring all the points I made, not pointing out which part of the lease allows them to do it and generally ignoring me all together. I pointed this out to the lady who rang back 30 mins later and did the same again. Then she told me to write, I'd guess so they can waste more of my time then ignore that as well?

I've had what I believe to be a bit of a breakthrough:

If a parking bay is allocated:
7. The right to exclusive use of the parking space for the purpose of parking a private motor vehicle not exceeding 3 tonnes gross laden weight

Pepipoo (as suggested by SA Chris) is proving useful, I think I'll have a stonker of a letter (for them to ignore) soon.

[Jim]

keep your letters short and sweet. they are far more likely to read it than a multi page essay

[Sloper]

On what basis can they invoice?  You can't just send folk an invoice and the call it a debt if they don't pay.

Are you a shareholder in the management company?  It is quite common for each leaseholder has one share in the company and therefore allow them to act in the management and direction of the same.

What are the arranagements re management and control, is there an AGM, can you arrange for enough people to call an EGM and get them to change their policy.

What's the name of the management company?

[Jaspersharpe]

On what basis can they invoice?  You can't just send folk an invoice and the call it a debt if they don't pay.

Plenty do that though just to try it on and plenty of people pay up.

[Paul B]

On what basis can they invoice?  You can't just send folk an invoice and the call it a debt if they don't pay.

Are you a shareholder in the management company?  It is quite common for each leaseholder has one share in the company and therefore allow them to act in the management and direction of the same.

What are the arranagements re management and control, is there an AGM, can you arrange for enough people to call an EGM and get them to change their policy.

What's the name of the management company?

Thats what they do though slopes.

No I'm not a shareholder. There are no meetings that I've ever been informed about nor is there a residents committee. Its not the most sociable of developments to put it politely.

[Sloper]

Well how about writing to them inviting them to instruct their solicitors?

PS who are these see you next tuesday s?

[Paul B]

oh its Peverel OM now OM Property Management...

[Sloper]

Make a complaint to these morons.

http://www.arma.org.uk/

[Paul B]

Make a complaint to these morons.

http://www.arma.org.uk/

they said its interpretation and can't take on a complaint until I have been advised as to that interpretation by the leaseholders advisory service.

[Paul B]

haha my day keeps on getting better:

They're sending me a secondary pass. (Like I asked for in the first instance but never mind).

I was going to go to the works this evening but as the good fortune can't continue I may not.

[slackline]

Could have used it for parking the VW Camper instead of selling it.

[Paul B]

still only one space...

(that was below the belt)