agency parking dispute. possible resolutions??

[richiedc]

Hi all.

Ive used the old forum before as a landlord but now the shoe is on the other foot!

I rented a new flat with underground parking from an agency. Upon moving in I paid a checkin fee of around £50 which included the handing over of keys etc. The next day I brought my van over and parked in the car park and began moving my stuff in. I also put my car in my allocated bay that the agency told me was mine. The next morning I woke to find my removal van, and my car in my space clamped, and I had to pay the removal fee of £350!!

The reason we were clamped is because we were not displaying a parking permit which can be picked up from the concierges office.

Asking the concierge how I was supposed to know this they said "the agents supposed to tell you"

Asking the clampers how I was supposed to know they said "the agent is supposed to tell you".

Asking the agent, they said.. not our problem.

This is pretty disgraceful, they had never mentioned the permit (a sticker) and had never written anything about the permit. Would anyone know a course of action to recoup this money as it seems so so unfair? Aparantly the building owners sent mails to the agents to inform new tennants to go to the concierge office first.

Any help appreciated

Yours poorly!

[oaktree]

Difficult one, we had a similar problem up here with one of the "rogue" agents last year.

They also charged a "check in" fee (in 15 years as an agent I've never been able to work out what that could possibly be for other than to boost profits) and had failed to notify the tenant, who also got clamped, that she would need to display the permit which was in one of the kitchen drawers in the flat.

I don't know what the outcome was but I advised the tenant to write to the agent asking for the money back as they had failed in the performance of their duties according to the wording of their tenant guide which was to "pass onto the tenant all that information that you will require to make your move in hassle free, including alarm codes, meter readings, where to park and local shops"

Your agent may not have anything like that in writing - most seldom do - but if they were aware of the need for a parking permit to be displayed on a tenants vehicle, and failed to notify you, I think they will be liable.

Ask politely, then write firmly and finally threaten with court action - I'll bet they cave.

[richiedc]

Thanks, so, get hold of the documents from the building owners that outlined to inform tennants, and get hold of the check in documentation. Im not too familiar with court stuff but I have used money claim online (non paying tennant).. is this suitable for this kind of court action and what if I lose, will it cost me more. (very skint now)

[Paul_f]

The agent would want to avoid the £350 fee wouldn't they.

Write to the agent citing the fact that you were not given correct information about parking arrangements as this is their duty of care to you. If you weren't informed in writing of the permit system in operation slap them with a small claims court summons if they don't cough-up within 7 days. They can hardly say they don't know about it if they manage the flats!