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I would appreciate help re a penalty parking scheme introduce by the management agent (MA) for my block that imposes a fine of £100 for use of the grounds. The parking company grants 15 mins access before fining. Additionally, the MA keeps the gate opener in disrepair so that access is impossible. I am considering a complaint to the First Tier Tribunal - property chamber (FTT) and have some questions in relation to that.
The mutual covenants in my lease say
a) No commercial vehicle (exceeding 15 cwt. unladen weight) shall be parked at any time on any parking space or any part of the estate except for temporary use of removal or delivery vans.
b) Not to permit any vehicle of any description belonging to the leaseholder, his family, servants, visitors or licensees to remain on the parking space or any part of the estate in such manner as to obstruct the ready approach to any part of the estate
What is a reasonable period for access for commercial deliveries under a) and access with private car or van under b)? What is the case law supporting that? If you could link the case law that would be great. Unfortunately, I don't have access to LexisNexis and similar sources.
Also, do I need to wait for the management agent to send me their second-stage response before complaining to the FTT? (I have objected to their first stage response, which didn't offer any changes to the penalty parking scheme.)
Many thanks
The mutual covenants in my lease say
a) No commercial vehicle (exceeding 15 cwt. unladen weight) shall be parked at any time on any parking space or any part of the estate except for temporary use of removal or delivery vans.
b) Not to permit any vehicle of any description belonging to the leaseholder, his family, servants, visitors or licensees to remain on the parking space or any part of the estate in such manner as to obstruct the ready approach to any part of the estate
What is a reasonable period for access for commercial deliveries under a) and access with private car or van under b)? What is the case law supporting that? If you could link the case law that would be great. Unfortunately, I don't have access to LexisNexis and similar sources.
Also, do I need to wait for the management agent to send me their second-stage response before complaining to the FTT? (I have objected to their first stage response, which didn't offer any changes to the penalty parking scheme.)
Many thanks
