Charges from Management Company
Discussion
Hi PH, I'm looking for some help/advice on a large legal charge passed on to me from my property management company.
Background: I live in a freehold property within a development (moved in 10 years ago when it was built) and we have a management company who collect service charges, maintain the development etc. There is a mix of assigned and "shared" parking spaces, none of which are marked out and over the years people have come to an informal agreement where those with assigned spaces have a bollard installed and the remaining spaces are taken up on a first come first served basis.
I leave one of my cars in one of the shared spaces which I am technically not entitled to as they are supposed to be shared by certain leasehold flats, but nobody else follows the rules to the letter either and people also double park in spaces, park in places which are not supposed to be parking spaces and on the pavement. At the AGMs, parking is always raised as an issue but there has never been any agreement on enforcement.
The management company instructed a lawyer after some Karen(s) took pictures of my car and slapped me with the legal bill. I called the law firm and they said they had only been instructed to look at this case and were not aware of any other people breaching the parking plan. So while I do admit I shouldn't have been parked in the space, there are far more egregious cases of bad parking which aren't being looked at. Would this type of reasoning (i.e. everyone else is doing the same or worse) get anywhere if I take this to a tribunal? And should I just pay it now regardless and choose whether I want to challenge it further later?
Background: I live in a freehold property within a development (moved in 10 years ago when it was built) and we have a management company who collect service charges, maintain the development etc. There is a mix of assigned and "shared" parking spaces, none of which are marked out and over the years people have come to an informal agreement where those with assigned spaces have a bollard installed and the remaining spaces are taken up on a first come first served basis.
I leave one of my cars in one of the shared spaces which I am technically not entitled to as they are supposed to be shared by certain leasehold flats, but nobody else follows the rules to the letter either and people also double park in spaces, park in places which are not supposed to be parking spaces and on the pavement. At the AGMs, parking is always raised as an issue but there has never been any agreement on enforcement.
The management company instructed a lawyer after some Karen(s) took pictures of my car and slapped me with the legal bill. I called the law firm and they said they had only been instructed to look at this case and were not aware of any other people breaching the parking plan. So while I do admit I shouldn't have been parked in the space, there are far more egregious cases of bad parking which aren't being looked at. Would this type of reasoning (i.e. everyone else is doing the same or worse) get anywhere if I take this to a tribunal? And should I just pay it now regardless and choose whether I want to challenge it further later?
Shaoxter said:
Hi PH, I'm looking for some help/advice on a large legal charge passed on to me from my property management company.
Background: I live in a freehold property within a development (moved in 10 years ago when it was built) and we have a management company who collect service charges, maintain the development etc. There is a mix of assigned and "shared" parking spaces, none of which are marked out and over the years people have come to an informal agreement where those with assigned spaces have a bollard installed and the remaining spaces are taken up on a first come first served basis.
I leave one of my cars in one of the shared spaces which I am technically not entitled to as they are supposed to be shared by certain leasehold flats, but nobody else follows the rules to the letter either and people also double park in spaces, park in places which are not supposed to be parking spaces and on the pavement. At the AGMs, parking is always raised as an issue but there has never been any agreement on enforcement.
The management company instructed a lawyer after some Karen(s) took pictures of my car and slapped me with the legal bill. I called the law firm and they said they had only been instructed to look at this case and were not aware of any other people breaching the parking plan. So while I do admit I shouldn't have been parked in the space, there are far more egregious cases of bad parking which aren't being looked at. Would this type of reasoning (i.e. everyone else is doing the same or worse) get anywhere if I take this to a tribunal? And should I just pay it now regardless and choose whether I want to challenge it further later?
I wouldn t have thought so. By your own admission you have more cars than assigned spaces to park them in. They have to start with someone, and it sounds like they ve picked you as potentially being the one that has caused a greater inconvenience to others, it only needs one case to then dissuade others from continuing to do the same.Background: I live in a freehold property within a development (moved in 10 years ago when it was built) and we have a management company who collect service charges, maintain the development etc. There is a mix of assigned and "shared" parking spaces, none of which are marked out and over the years people have come to an informal agreement where those with assigned spaces have a bollard installed and the remaining spaces are taken up on a first come first served basis.
I leave one of my cars in one of the shared spaces which I am technically not entitled to as they are supposed to be shared by certain leasehold flats, but nobody else follows the rules to the letter either and people also double park in spaces, park in places which are not supposed to be parking spaces and on the pavement. At the AGMs, parking is always raised as an issue but there has never been any agreement on enforcement.
The management company instructed a lawyer after some Karen(s) took pictures of my car and slapped me with the legal bill. I called the law firm and they said they had only been instructed to look at this case and were not aware of any other people breaching the parking plan. So while I do admit I shouldn't have been parked in the space, there are far more egregious cases of bad parking which aren't being looked at. Would this type of reasoning (i.e. everyone else is doing the same or worse) get anywhere if I take this to a tribunal? And should I just pay it now regardless and choose whether I want to challenge it further later?
Edited by smokey mow on Monday 22 December 20:10
OldGermanHeaps said:
Do they have legally compliant signage in the car park detailing exactly what will happen?
How exactly do they say you entered a contract with them?
There's no signage anywhere, and no numbered markings or anything on the bays. They did attempt to introduce parking controls with signage and wardens a few years ago but people revolted and it was swiftly reversed. How exactly do they say you entered a contract with them?
Shaoxter said:
Hi PH, I'm looking for some help/advice on a large legal charge passed on to me from my property management company.
Background: I live in a freehold property within a development (moved in 10 years ago when it was built) and we have a management company who collect service charges, maintain the development etc. There is a mix of assigned and "shared" parking spaces, none of which are marked out and over the years people have come to an informal agreement where those with assigned spaces have a bollard installed and the remaining spaces are taken up on a first come first served basis.
I leave one of my cars in one of the shared spaces which I am technically not entitled to as they are supposed to be shared by certain leasehold flats, but nobody else follows the rules to the letter either and people also double park in spaces, park in places which are not supposed to be parking spaces and on the pavement. At the AGMs, parking is always raised as an issue but there has never been any agreement on enforcement.
The management company instructed a lawyer after some Karen(s) took pictures of my car and slapped me with the legal bill. I called the law firm and they said they had only been instructed to look at this case and were not aware of any other people breaching the parking plan. So while I do admit I shouldn't have been parked in the space, there are far more egregious cases of bad parking which aren't being looked at. Would this type of reasoning (i.e. everyone else is doing the same or worse) get anywhere if I take this to a tribunal? And should I just pay it now regardless and choose whether I want to challenge it further later?
Isn't this a bit like me nipping into the local fee paying car park, like I frequently do, but complaining it's not fair when I get a ticket as I know others do the same thing? Background: I live in a freehold property within a development (moved in 10 years ago when it was built) and we have a management company who collect service charges, maintain the development etc. There is a mix of assigned and "shared" parking spaces, none of which are marked out and over the years people have come to an informal agreement where those with assigned spaces have a bollard installed and the remaining spaces are taken up on a first come first served basis.
I leave one of my cars in one of the shared spaces which I am technically not entitled to as they are supposed to be shared by certain leasehold flats, but nobody else follows the rules to the letter either and people also double park in spaces, park in places which are not supposed to be parking spaces and on the pavement. At the AGMs, parking is always raised as an issue but there has never been any agreement on enforcement.
The management company instructed a lawyer after some Karen(s) took pictures of my car and slapped me with the legal bill. I called the law firm and they said they had only been instructed to look at this case and were not aware of any other people breaching the parking plan. So while I do admit I shouldn't have been parked in the space, there are far more egregious cases of bad parking which aren't being looked at. Would this type of reasoning (i.e. everyone else is doing the same or worse) get anywhere if I take this to a tribunal? And should I just pay it now regardless and choose whether I want to challenge it further later?
Shaoxter said:
There's no signage anywhere, and no numbered markings or anything on the bays. They did attempt to introduce parking controls with signage and wardens a few years ago but people revolted and it was swiftly reversed.
Why swiftly reversed?Why would you not want parking controls? Did people object about not being able to park where they were not allowed to?
Shaoxter said:
They did attempt to introduce parking controls with signage and wardens a few years ago but people revolted and it was swiftly reversed.
Seems odd that they then went legal without warning when somebody grumbled. A warning would seem fairer.Is the 'bill' basically a parking fine or it is much more?
Shaoxter said:
I leave one of my cars in one of the shared spaces which I am technically not entitled to as they are supposed to be shared by certain leasehold flats, but nobody else follows the rules to the letter either and people also double park in spaces, park in places which are not supposed to be parking spaces and on the pavement. At the AGMs, parking is always raised as an issue but there has never been any agreement on enforcement.
To be fair that does seem quite anti-social.In terms of the fine/parking charge what signage is there around the car park? Also (AIUI) the Management Company works for the Leaseholders / Freeholders. Can't the committee just get it cancelled?
Shaoxter said:
I leave one of my cars in one of the shared spaces which I am technically not entitled to
Can you clarify exactly how many cars you are storing at the location?You state that you are leaving one of your cars in a shared space that you are not entitled to use. Your profile shows 5 cars. Do you have 4 other cars at the location in personal spaces or shared spaces that you are entitled to use.
I'm just wondering if there was a reason for you being selected.
GasEngineer said:
Why swiftly reversed?
Why would you not want parking controls? Did people object about not being able to park where they were not allowed to?
Because who wants wardens from a private parking company snooping around whose sole purpose is to raise revenue by fining people? It would also reduce the total number of parking spaces as for example some spaces fit two cars parked vertically instead of one car parked horizontally without blocking anything.Why would you not want parking controls? Did people object about not being able to park where they were not allowed to?
Simpo Two said:
Is the 'bill' basically a parking fine or it is much more?
It's in the thousands. A parking fine I would have just paid without any aggro!Countdown said:
In terms of the fine/parking charge what signage is there around the car park? Also (AIUI) the Management Company works for the Leaseholders / Freeholders. Can't the committee just get it cancelled?
Yes but it's the directors of the committee who are grassing me up, one of whom is the aforementioned Karen.They have also previously instructed legal action against people bouncing balls in the playground and against people putting up their properties on Airbnb. All legitimate things as they are technically breaching the lease but rather heavy handed.
Of course they could be voted out at the next AGM but most people are just happy with the status quo/don't want to step up themselves.
ralphrj said:
Can you clarify exactly how many cars you are storing at the location?
You state that you are leaving one of your cars in a shared space that you are not entitled to use. Your profile shows 5 cars. Do you have 4 other cars at the location in personal spaces or shared spaces that you are entitled to use.
I'm just wondering if there was a reason for you being selected.
Well I've moved the offending car away now and only parking in my designated space and garage.You state that you are leaving one of your cars in a shared space that you are not entitled to use. Your profile shows 5 cars. Do you have 4 other cars at the location in personal spaces or shared spaces that you are entitled to use.
I'm just wondering if there was a reason for you being selected.
In the past when the car park wasn't full I would leave all my cars in the development but reduced that over time. The legal case was only focused on a single car.
I'm well aware of why I would be a target, people generally don't like loud/flashy cars. I do sometimes fire them up at 5/6am on weekends but definitely don't indulge in any ASBO behaviour!
Shaoxter said:
I'm well aware of why I would be a target, people generally don't like loud/flashy cars. I do sometimes fire them up at 5/6am on weekends but definitely don't indulge in any ASBO behaviour!
Its nothing to do with 'loud/flashy cars', its parking like a tw@t that's done for you. You have seemingley a single allocated space and yet though it was ok to use a far greater number, and without recourse.You've found out the hard way. If you wanted more spaces you should have made a formal arrangement with either the management company or a neighbour, and no doubt paid for the privelidge (hence likely never did so).
Pay up and move on. The reality being if people got away with this sh!t, others would keep doing it and it would become an absolute pain for those who simply want to stick/honour the terms to which they signed up, as would likely no have a space to park in.
Shaoxter said:
Well I've moved the offending car away now and only parking in my designated space and garage.
In the past when the car park wasn't full I would leave all my cars in the development but reduced that over time. The legal case was only focused on a single car.
I'm well aware of why I would be a target, people generally don't like loud/flashy cars. I do sometimes fire them up at 5/6am on weekends but definitely don't indulge in any ASBO behaviour!
How many cars do you have, and how many allocated parking spaces?In the past when the car park wasn't full I would leave all my cars in the development but reduced that over time. The legal case was only focused on a single car.
I'm well aware of why I would be a target, people generally don't like loud/flashy cars. I do sometimes fire them up at 5/6am on weekends but definitely don't indulge in any ASBO behaviour!
Hobo said:
Its nothing to do with 'loud/flashy cars', its parking like a tw@t that's done for you. You have seemingley a single allocated space and yet though it was ok to use a far greater number, and without recourse.
You've found out the hard way. If you wanted more spaces you should have made a formal arrangement with either the management company or a neighbour, and no doubt paid for the privelidge (hence likely never did so).
Pay up and move on. The reality being if people got away with this sh!t, others would keep doing it and it would become an absolute pain for those who simply want to stick/honour the terms to which they signed up, as would likely no have a space to park in.
Why pay, completely unenforceable. Who controls the management company? Are there proper signs displaying the terms and conditions?You've found out the hard way. If you wanted more spaces you should have made a formal arrangement with either the management company or a neighbour, and no doubt paid for the privelidge (hence likely never did so).
Pay up and move on. The reality being if people got away with this sh!t, others would keep doing it and it would become an absolute pain for those who simply want to stick/honour the terms to which they signed up, as would likely no have a space to park in.
Not First Port,I hope...
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff