Private property parking fines....

[robin]

Because the deeds set the fee I would assume?

[mwmackenzie]

https://www.eveningexpress.co.uk/fp/new ... urt-case1/

There are pics of her car entering and leaving in our case I'll ignore for now

[neil]

I was talking to one of my clients the other day, they were telling me that they had requested to have a grit bin put in their shared private car park, but it did not go ahead, apparently because one other owner objected to it, and it required 100% approval from the owners.

Interesting to know!

I'd press them to "hereinbefore call a meeting".

I've suggested that they've overstepped their remit as factors. Will see what they come back with as I'd rather they just backed down instead of me having to go to a meeting

Because the deeds set the fee I would assume?

They don't appear to and I can't see them on any paperwork other than invoices. I've been too busy with other things over the past few years to even bother looking at this before now as it's not a lot of money. As I've now got more time on my hands I'll maybe look into it.

[tut]

Been there, seen it, done it.

Ignore it completely, the demands will come in getting increasingly aggressive, hard to ignore them but clench your buttocks and do so, they will get fed up and it will end.

Ignore this if any of you have been taken to Court for not paying and have been convicted, I am talking rubbish.

tut

[robin]

It wasn't me that parked, m'lud, 'twas Spike ... god rest his soul

[campbell]

Because the deeds set the fee I would assume?

I guess we might consider that some kind of contract.

[tut]

Great memory Robin, my best friend Spike Marie GRHS, dead but not forgotten, I never take his name in vain.

tut

[pete]

Great memory Robin, my best friend Spike Marie GRHS, dead but not forgotten, I never take his name in vain.

tut

I know I've told your Spike story several times...

Sent from my GT-I9505 using Tapatalk

[robin]

Because the deeds set the fee I would assume?

I guess we might consider that some kind of contract.

In non-legalese I would agree, but I believe that a title deed is not a contract - as Neil has discovered, he hasn't entered into an agreement (contract between two or more parties) to consume services in exchange for money - rather he's effectively "inherited" an obligation to do so from the previous owner.

It's actually worse than a contract from Neil's perspective because he cannot simply terminate (all contracts include provisions for termination). I would assume that the deeds do include some mechanism to replace the factors, but only with another factor - frying pan meets fire Were it a contract he could terminate and get his broom out and do the job himself, for example

Cheers,
Robin

[thesurfbus]

I live in a newish housing estate with approx 100 houses, the builders appointed factors to look after the maintenance of the shared areas etc.
It turned out that we were being screwed by the factors, the estate created a commitee and called a meeting where they decided to ditch the current factors and appoint new ones.
I wasn't involved in any of it (politics), but it probably means that you could contest the parking management if you gang together.

[Dominic]

I live in a newish housing estate with approx 100 houses, the builders appointed factors to look after the maintenance of the shared areas etc.
It turned out that we were being screwed by the factors, the estate created a commitee and called a meeting where they decided to ditch the current factors and appoint new ones.
I wasn't involved in any of it (politics), but it probably means that you could contest the parking management if you gang together.

Fascinating!

Same situation in my estate. Factors are a bunch of thieving barstewards - would love to change them.

[BigD]

There are new regulations for factors I'm sure and they have to attend residents committee meetings etc. Obviously you have to setup the committee etc first and for that you need neighbours who like being on committees.

I think you only need 80% (could be less) of residents agreement to change the factor or make other changes. You can also force the factor to get 3 quotes for work and approve or disapprove their recommendations. But for all of that I think you need a committee.

[BigD]

Here you go: Property Factors Act 2011 - http://www.gov.scot/Topics/Built-Enviro ... rs/2011Act

Be worth a read.

[Dominic]

There are new regulations for factors I'm sure and they have to attend residents committee meetings etc. Obviously you have to setup the committee etc first and for that you need neighbours who like being on committees.

I think you only need 80% (could be less) of residents agreement to change the factor or make other changes. You can also force the factor to get 3 quotes for work and approve or disapprove their recommendations. But for all of that I think you need a committee.

I guess my problem is, that after years of car club committees, I have developed an allergy to being on committees.

[campbell]

Neil has time