Our Lease was established in 1981 and for the past 32 yrs
shareholders have had the right to park in the parking bays and on other parts
of the common areas. From August 2013 the freehold management company,
"Upton Dene Residents Ltd" have imposed a "no rights to parking"
anywhere on the property without a permit. The permit system is used to
restrict the types of vehicles and the number of vehicles each household can park on the property. (1 vehicle per household and no commercial vehicles, vans etc).
I believe the lease below gives us rights to parking without it being under license (permit users only). I do not wish to give up my rights that were shareholders for the past 32 yrs and as stated in the lease so have decided not to sign up to the permit system. As a result, and to be expected, I have received parking tickets whilst parked in the parking bays. Members of the board, and the parking company are aware I am a shareholder but continue to issue parking fines. In the stroke of a pen shareholders have lost their rights to parking (even in the parking bays).
I have written to the board expressing my concern of this new policy and explain I believe they are violating the lease as we have rights to parking (please read my other posts). The board insists it has not changed the terms of the lease. Though never stated directly by them , they believe we (the shareholders) never had the right to park on the property in the first place.
I have asked for a statement of their legal position regarding "no rights to parking". they have stated in writing they have taken legal advice but as yet not made it available.
Question
Shareholders have used the parking bays and areas for parking for 32 yrs without a permit system. What are our rights regarding the time issue ?
What routes of action can we take to challenge these changes, other than costly solicitors?
PS.
I understand that "restriction on parking anywhere for all" is necessary but the changes above are about more that simply "crowd control and limitation", it is about total rights denial (as stated in our lease), except under license.
I believe the lease below gives us rights to parking without it being under license (permit users only). I do not wish to give up my rights that were shareholders for the past 32 yrs and as stated in the lease so have decided not to sign up to the permit system. As a result, and to be expected, I have received parking tickets whilst parked in the parking bays. Members of the board, and the parking company are aware I am a shareholder but continue to issue parking fines. In the stroke of a pen shareholders have lost their rights to parking (even in the parking bays).
I have written to the board expressing my concern of this new policy and explain I believe they are violating the lease as we have rights to parking (please read my other posts). The board insists it has not changed the terms of the lease. Though never stated directly by them , they believe we (the shareholders) never had the right to park on the property in the first place.
I have asked for a statement of their legal position regarding "no rights to parking". they have stated in writing they have taken legal advice but as yet not made it available.
Question
Shareholders have used the parking bays and areas for parking for 32 yrs without a permit system. What are our rights regarding the time issue ?
What routes of action can we take to challenge these changes, other than costly solicitors?
PS.
I understand that "restriction on parking anywhere for all" is necessary but the changes above are about more that simply "crowd control and limitation", it is about total rights denial (as stated in our lease), except under license.
