A letter to the appeals department of Ace Security services (Trading name of Pace Recovery and Storage Ltd)

 The company that is contracted to enforce a "no rights to parking" at Upton Dene is Ace Security Services (Trading name of Pace Recovery and Storage Ltd).
My car was ticketed for parking in a parking bay, which for the first 32yrs of the lease all shareholders and visitors did without having to have permission to do so from the board of directors. Ace Security services claim to have a  "28 days to appeal" a ticket process. We are now into the 25th day since the appeal was lodged and no reply from their appeals process has been received. But I have received further parking charge tickets on my car. Here is the email to Ace Security Services In full dated 30th August 2013.

An appeal notice regarding a “Charge Notice” being attached to my vehicle XXX XXX on the 3^rd of August 2013.

DavidXXXX

Vehicle RegXXXXX

Upton Dene

Grange Rd

SM2 6TA

4XXXXXXXXXXX

The reason for the charge was “not displaying a valid permit”.

Ref No 0000905307

Reason why the notice should be dismissed.

I am a shareholder of the freehold that is Upton Dene. I possess a share of 1/45 of the freehold.

The freehold was established in 1981 and for the past 32 years (of our 999 lease) vehicles have had the freedom to park in the “parking areas” of our common areas.

In August 2013 the board of directors made the decision to change that fact and remove rights to parking on the common areas of Upton dene, this included the clearly marked parking bays that my car was parked in when you ticketed my vehicle.

The board of directors have removed 100% the rights of shareholders to park on their freehold.

That right is now returned to us by the board of directors at their digression and under license, hence your charge stating “Not Displaying A valid Permit”.

I dispute this change of our lease by the board of directors and believe it to be a challenge to my rights as written down in my lease.

My lease overrides any modifications that are attempted by the board of directors and any rights You “Ace Security services” believe you have to enforce these changes.

I do not require a permit to park in the bay areas of my freehold. My lease gives me that right. There are no restrictions or licenses required to park on my freehold.

Below is the document, in part, given to the board of directors on the 26^th of July 2013 outlining my rights in the lease.

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The section of the lease director’s claim gives them rights to create a “No parking zone”, at Upton dene is;

 “The right for the lessee and all persons authorised by the lessee(in common with all other persons entitled to the like right) at all times to use go pass and repass through along and over the common parts for all the purposes incidental to the occupation and enjoyment of the premises (but not further or other)”.

Our Lease; (THE SECOND SCHEDULE above referred to EASEMENTS RIGHTS AND PRIVILEGES INCLUDED IN THE LEASE Page 19 paragraph 1.)

Director’s interpretation of this section is skewed and wrong. The lease statement above does not, in any way whatsoever, support the board of director’s claims……”you can drive in and out of the garage driveway but not permitted to park”. Extract from a Letter posted to all shareholders from Upton Dene Residents Ltd   24 June 2013

A truer statement of 19.1. is;

“The right for the lessee and all persons authorised by the lessee…at all times………”

a.           “to use”

b.           “to go pass”

c.           “ to repass”

      “…..for all the purposes incidental to the occupation and enjoyment of the premises”……….

There are three verbs, clearly stated, in this legal speak above (a,b,c) (page 19.1.).

1st “to use”, 2nd “to go pass”, 3rd “to repass”. The board of director’s whole argument is skewed and focuses only upon “to go pass” and “to repass”. Our leases also give us the right “to use” the common areas. A fact the board of directors ignore.  Leaseholders have the right “to use” the common areas, for “all purposes”.

Unless the board of directors have found a definitive clause within the “THE SECOND SCHEDULE” (or in the lease as a whole) that restricts vehicles specifically “to use”, common areas, then I believe, their whole case rests on sand and runs contrary to the lease.

I believe the “use” of common areas by vehicles is not a violation of the lease and directors cannot make it so.

I don’t believe it can be more clearly stated than it is in the lease;

“…….to use…..for all the purposes incidental to the occupation and enjoyment of the premises……”

The board of directors, by attempting to remove the right to park on Upton dene property, will be in violation of the lease and may be subject to claims and appropriate legal action.

The board of directors are threatening to remove “to use” rights from the lease (on page 19.1.) by imposing restrictive parking via a change in “Company Regulations”.

If the board wishes to change the lease it cannot be done through “Company regulation” changes.  The board of directors are contravening our leases by denying lessees’  “to use” rights as stated in 19.1.

I believe that the board of directors, by denying “to use” rights of our common areas for parking, are, for the first time since the formation of our freehold company, breaking the terms of our 999yr leases. They are undermining our 999yr leases and that will affect the saleable values of our properties.

“To use” in the lease is not restricted, it is clearly stated. The board of directors of “Upton Dene Residents Ltd” are however attempting to define “to use” and restrict it, via rewrites of “Company Regulations”, that are contrary to our lease.

I understand the irritations that come with being a director and not being in a position to impose laws as you see them, but leases exist to protect against infringements of shareholders rights. The law is the law, our lease is our lease. 

I believe, if these infringements of the lease are imposed by the board of directors, as outlined in the “Company Regulations”, future buyer’s solicitor’s will inform their clients to the facts and this will turn buyers away from Upton Dene and we will be stained with “legal gossip” for years to come.

The seven members of the board of directors for “Upton Dene Residents Ltd” are about to contravene the lease and impose changes to our rights of “to use” on which they have no legal standing.

This letter is being posted at first to each individual on the board and ALL of them should consider the points carefully.