Re: Parking issue - without prejudice save as to costs

[Mark Hansel]

Dear Heather

Thank you for your reply.

In principle, we have no issue with the course of action proposed in
your email. As we have set out in our previous email, we simply wish
for a car parking space on the freehold land for our exclusive use and
in accordance with what we paid for and to be able to sign up to our
new lease (also what we paid for).

We are concerned, however, that your proposed plan is not going to be
either simple or straightforward. If Lime House acquiesce and agree
that the parking space does belong to us (if they don't then it could
lead to expensive litigation and either court or land registry
adjudication) you also have to arrange access, which is likely to be
by way of a licence (maybe with an annual licence fee). In addition,
there is also the issue of approaching the planning or relevant local
council department about removing the space as a designated disabled
space.

If there is an issue with access then this needs to be carefully
considered as there are residential parking spaces in front of the
wall you mention and we know from Cambridgeshire Highways that it is
unlikely that you would get permission to put in any dropped kerb
there. We feel that in this scenario the most expedient and cost
effective resolution will be to put the space in front of the building
(in line with our current parking space in 95) as per our planning
application.

We agree that a letter should be sent to Lime House, if this is what
is agreed by everyone, but they should be aware of the potential
issues and costs involved. A letter should also be sent without delay
as the longer this issue is left, the more difficult this issue could
become.

Our offer put forward in our previous correspondence will remain in
place until the deadline. Please note the deadline is as such because
otherwise it will be necessary for us/you to seek further consent to
putting in a dropped kerb, together with incurring additional costs to
do so. If we arrive at this deadline with still no resolution, we do
not see why we should incur further costs because of the freehold's
inability to progress this matter. We also agreed to pay to put the
space in place to try and resolve this asap.

Mark will forward by separate emails the details of the planning
application for the freehold's records and to hopefully assist in
making a decision. Can Shien also contact Richard directly to obtain a
copy of the title plan.

Kind Regards

Mark and Helen


On 30 December 2012 22:24, Heather Kara <hea...@kara.org.uk> wrote:
> Dear Mark and Helen,
>
> Thank you for the email. We (Shien and I) have not sat on this issue,
> although we are both very busy and so I can appreciate that things are not
> moving as quickly as all of us would like.
>
> Latest update (after speaking with Shien this evening):
>
> We believe that based on information from the land registry, we can claim
> the disabled space behind 93 as belonging to us (the freehold company).
> Shien is in the process of securing the plan from the Land Registry to give
> concrete proof. Once we have this, we hope to obtain from Lime Tree House
> freehold company access to the parking space. This will hopefully make it
> clear with all parties that we have a right to the space.
>
> After that we then plan to, firstly, get approval from the company to change
> use, and upon receiving approval, announce to Lime Tree house our intention
> to make this space the space designated for the use of Flat 8 as per the
> lease agreement. We don't expect you as tenants to fund the removal of the
> disabled parking sign and the erection of a 'For private use only' sign.
>
> Of course this has to go to vote and I'm hoping that we have a meeting in
> January (as is the current plan, but not yet scheduled) to vote this through
> once we determine it is indeed possible. I can't see that there will be any
> objections. I had asked you previously in an email if you had any
> objections to the use of this particular space. It is of my opinion that
> this is the most cost effective (for all parties concerned) and least
> objectionable solution although I don't know how Lime Tree house will view
> it and respond.
>
> It would be useful to have Helen's input about obtaining access rights to
> the parking space - do we just need a letter from them saying they are happy
> to grant that access? Our recourse would be to knock down that beautiful
> wall to give access and this may cause them to reconsider. But as amateurs
> we don't really know what we're doing and it would be useful to have her
> input before we put our foot in it and ruin our prospects.
>
> We have not involved you to present as Helen stated understandably at the
> last meeting she didn't want to be involved and we've tried to respect that.
> But I can understand that things may seem a little quiet from us and I'm
> sorry about that. I've only been in touch with Shien about this - I don't
> know if he's kept others updated, but I feel we should at least report on
> progress to the entire group prior to next meeting so that we can get to the
> business of voting on it without delay.
>
> I hope this has sufficiently brought you up-to-date. If either of you have
> any input or suggestions to help us further along, they would be greatly
> appreciated. Or if you spot any areas in our plan where we might discover
> obstacles, this would be useful to know as well.
>
> After re-reading your email, it occurs to me that while we have your offer
> to put a space on the land as per planning permission, we have not fully
> investigated this offer. It would be useful to see planning permission so
> that we know the location and area intended for the space. It could be that
> the company would find this solution preferable. Is it possible for you to
> send me a copy (electronically or otherwise) of the plans or can I find it
> online?
>
> Yours,
>
> Heather.
>
>
> On 30 December 2012 20:49, Mark Hansel <mark.i...@gmail.com> wrote:
>>
>> Without Prejudice Save As To Costs
>>
>> Dear Heather
>>
>> Many thanks for sending through the new service charge demand.
>> However, as we have stated previously, we are not prepared to pay any
>> service charge until such time as the parking issue is resolved. This
>> issue has now been outstanding for 6 months and we have yet to reach a
>> resolution. You will appreciate that we paid a significant premium for
>> the parking space when we purchased our original lease. We also paid
>> towards a stake in the freehold and do not see why we should be unable
>> to sign up to our new 999 year lease.
>>
>> We feel that there is a stalemate between us and the freehold company,
>> which we wish to try and resolve as quickly and amicably as possible.
>> With this in mind, we again put forward our offer to pay to put the
>> parking space on 93's land. Planning permission has been granted to do
>> so and this avoids any unnecessary and additional expense that has to
>> be incurred by other freeholders in paying to 1) lease a space, or 2)
>> pay to put this onto the freehold land.
>>
>> We know that legal advice has been received by the freehold company
>> and that the obligation on the company is clear that they are to
>> provide us with a car parking space. Given this obligation, we are of
>> the view that this is a fair and simple resolution.
>>
>> We note correspondence has been passing around about the parking space
>> at the rear and whether this can be brought onto 93's land. Please
>> note that this offer does not involve us resolving this issue. Should
>> the freehold company choose to provide us with this parking space then
>> this needs to be resolved by the company and the disabled markings
>> removed. Our offer is to put in a parking space and drop the curb in
>> accordance with the planning permission.
>>
>> We would be grateful if you will please circulate this email to the
>> other freehold members and let us have your response by 28 February
>> 2013, in order that we can take steps to put the parking space in
>> place, or consider our next steps. Please also ensure that we are
>> copied into any correspondence regarding the issue with a car parking
>> space, and particularly before any action is taken.
>>
>> We looking forward to hearing from you and hope this matter can now be
>> resolved.
>>
>> Kind regards
>>
>> Mark and Helen
>
>
>
>
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