Posted to directors of Upton Dene residents Ltd
From
David
Upton Dene
Grange Rd
SM2 6TA
19/09/2013
To
The 7 directors of;
Upton Dene Residents Ltd
Amended charge
list for Upton Dene Residents Ltd, starting from 23/09/2013.
Good morning.
As you are aware from past letters to you, I believe the
board of directors, “No rights to parking” policy to be a violation of my
lease. I have a right to park on my freehold without director’s permission
because my lease gives me those rights and privileges.
I have made every effort to explain my rights to parking
at Upton Dene but despite my efforts I have received 3 penalty notices todate
and no legally documented explanations for the “no rights to parking”.
I do not feel the board of directors have taken seriously
my points regarding this matter. Neither have they made any significant effort
to reply to my questions. In fact, in a letter from the board, dated 25th
of August 2013, the board stated that they, “…. deam this matter closed.”
The board’s decision to, “close this matter” 25 days into
this new “no rights to parking” policy, with no explanation of the legal basis
of this policy, amid my concerns that my rights and privileges have been
violated, is irresponsible.
Your attempts to enforce a violation to my lease, is
presenting a distorted picture of me to the Upton Dene community and to others
who see my car ticketed. I am not in the wrong here, you are. I am defending my
rights and privileges that my lease gives me. Upton Dene Residents Ltd, on the
other hand is attempting to enforce a removal of those rights and privileges.
On June 27th, 2013, more than a month before you implemented
your “no right to parking” at Upton Dene, I asked you to, “……clarify what legal basis they have (the directors) to go against the
lease….”
I received no reply to this question.
The board of directors have mentioned in letters to
shareholders, more than once, that they had taken “legal advice” on this
matter. But despite these statements no legally documented position has been
made available to shareholders.
In a letter to the board, dated September 9th
2013, I asked for a second time to see this “legal advice”, but the board of
directors have ignored my request, again.
If the board of directors were so confident in the legal
advice they received, then they should be confident enough to present that
documentation to a shareholder on request.
In the boards 25th August letter to me you
stated…."we will not be paying the charges you have detailed”.
My invoices are made up of charges for the use of my
vehicle and the £10.00 a day charge is for the denial of my rights and
privileges. Your contracted agent, Ace Security Services, enforces your
decisions. They are authorised, wrongly, by you.
I am free to offer my services, in your case my vehicle.
You want somewhere to display your agents’ documentation; my car is available
at a price.
Clearly you have no grounds to enforce “No rights to
parking” because my lease has already given me those “rights and privileges”
for 950yrs.
I have stated my charges. You have used my services. It
is your choice if you use those services or not. Invoice number 001, and future
invoices, are payable.
I feel little effort is being made by the board to answer
my questions. On the contrary, I feel they are ignoring them completely. I have
made every effort to detail my rights to parking on Upton Dene in a clear manner and received almost no input from the board.
It seems the board is distancing itself still further from my concerns.
In a letter dated 3rd September, a director wrote to me that she would be, “…..grateful that in future if you
(david) have any correspondence for me or the board of directors that you post
it through my letterbox and not knock on my door.”
I am beginning to think that no legal adviser was hired
and no legal position was documented prior to the August 1st 2013
implementation of the “no rights to parking” policy. The board can easily, ease
me from my doubts by giving me copies of the legal documentation they claim to
have.
A resolution to this matter is not near. With this in
mind, I am amending my charges for the use of my vehicle by “Upton Dene
Residents Ltd” and its contracted agent “Ace security services”.
The charges are divided equally between “Upton Dene
Residents Ltd” and “Ace Security Services”. Each of the two parties receives
invoices accordingly.
On the 23rd
of September 2013 the new charges below come into effect
Amended charge list to
Upton Dene Residents Ltd.
|
*Daily charge for parking rights removal
|
£10.00 per day.
|
|
Penalty notice (and others) Attachment charge to/on
vehicle (per item)
|
£500.00
|
|
Daily charge per attachment
|
£250.00 per day
|
|
Attachment removal charge (per item)
|
£500.00
|
|
Moving of my vehicle without my written permission
|
£1000.00
|
*The daily charge will not
be made on you when ALL signage is removed from Upton Dene. When the signage is
removed it will be clear that the rights in the lease have been re-established
and your role in the enforcement of “no rights to parking” ended.
These changes will be reflected in future invoices from
the date stated above.
I also request, FOR THE THIRD TIME, information from the board of
directors regarding the “legal advice” you received regarding the changes to
our parking rights. I would like to see a copy of that legal advice from your
legal advisor. I understand that you don’t believe that a change in the lease
took place on 1st August 2013 because, from your position, shareholders never
had a right to parking 32 years ago when the lease was written. Nonetheless I
would like to see a copy of the drafted legal argument, not an explanation by
directors, but the actual legal document in full that is used to enforce a “No
rights to parking” at Upton Dene.
And for the second time I request to have the general
breakdown of the types of vehicles you will permit (in both senses of the word)
to park on Upton Dene property. For example I don’t believe you will give a
permit to a householder who owns a commercial van of any type, even if it is
the sole vehicle of a household. The types of vehicles in question are; small
commercial van, larger transit type van, four wheel drive, SUV type, large
estate cars etc.
Regards
David
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