Management Company Refuse to give Parking Discs

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Claw Hammer

ArthurG wrote: »

I don't think that's true. Thanks to the wonders of GDPR, any data controller holding information relating to you (as would appear to be the case here) is obliged to share that information within a predefined time period (I recall 40 days) of receiving your 'Subject Access Request'. They are allowed to charge for this (I think it's about €7).

Having said that, i'd agree with the other posters, something isn't adding up here, and before you go all regulatory on their asses, you might want to really check if something is outstanding from a fee perspective.

Since GDPR, the time limit is now 20 days, and there is no charge.

K.Flyer

footfall789 wrote: »

Tried solicitors letter , asking to return parking discs or give reason as to why, no reply.

As mentioned , if they could give a reason i could work with it but none has been forth coming .

Something not right with all of this. I deal with several management companies and they are very quick to inform owners / occupiers of any breaching of rules etc.
With the presumption that everything is in order from your side, then as already said, your solicitor needs to give them an ultimatum with a strong follow through plan.

nim1bdeh38l2cw

Claw Hammer wrote: »

Since GDPR, the time limit is now 20 days, and there is no charge.

The limit is 30 days under GDPR.

ArthurG

Claw Hammer wrote: »

Since GDPR, the time limit is now 20 days, and there is no charge.

They can charge if they want to be dicks about it:

https://www.dataprotection.ie/docs/Making-an-Access-Request/1715.htm

Wabbit Ears

From my reading of it someone is aware that OP doesn't live in the apartment block and folk have decided that the parking is for residents only.

The wall he is meeting is because he wants a parking spot as an owner but they have zero interest in giving him one because he doesn't actually live there.

I'd tend to agree with the management company on this one. You don't live there. You're not a resident. No parking permit for you. Go away and stop bothering us.

cruizer101

It doesn't matter if they live there or not if they are paying for parking they should have access to it, if they can't park there refund the fees.

Also if the management company wanted to do that why wouldn't they engage in any discussion with the owner.

the_syco

Wabbit Ears wrote: »

I'd tend to agree with the management company on this one. You don't live there. You're not a resident. No parking permit for you. Go away and stop bothering us.

So if a tenant lived there, he wouldn't get one as he didn't live there? He owns the apartment!

OldMrBrennan83

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K.Flyer

Wabbit Ears wrote: »

From my reading of it someone is aware that OP doesn't live in the apartment block and folk have decided that the parking is for residents only.

If the apartment was occupied and there was a strict quota of parking discs per apartment and the occupants of the apartment had the discs I could totally get why they would not issue more irrespective of whether you own the place or not.
However, in this case, the o.p. says the apartment is vacant.

footfall789 wrote: »

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

In that case he is entitled to having a disc irrespective of whether he lives there full time or not.
What may prevent someone from optaining a disc then in that instance is that the previous tenants still possess a valid disc and the management company require it to be returned or expire.

The wall he is meeting is because he wants a parking spot as an owner but they have zero interest in giving him one because he doesn't actually live there.

If he owns the property and has no valid discs allocated to past or present tenants he is entitled to have a parking disc. Even if he only stays in the place once in a blue moon.

But not telling him why or engaging with him or his solicitor is seriously unprofessional of the management company if everything the o.p. says is true.

davo10

Wabbit Ears wrote: »

From my reading of it someone is aware that OP doesn't live in the apartment block and folk have decided that the parking is for residents only.

The wall he is meeting is because he wants a parking spot as an owner but they have zero interest in giving him one because he doesn't actually live there.

I'd tend to agree with the management company on this one. You don't live there. You're not a resident. No parking permit for you. Go away and stop bothering us.

Surely if the articles of memorandum state that each property is entitled to a parking disc, you should receive one irrespective of whether you reside there or not. If nothing else, to allow you to park and enter your property as you please without the risk of being clamped. I really don't see how the MC could dispute that. I think the op has a valid grounds for compliant, I also believe that not informing him of the reason it is being withheld, is unprofessional. At the very least, the op is entitled to an explanation. If my car was clamped in such circumstances, I would demand that the MC cover the cost of release.

Franz Von Peppercorn

Surely a landlord should get the disk, resident or not, and rent it to a tenant.

Franz Von Peppercorn

Regardless of the GDPR the op has a right to the minutes of the AGM as a director.

foxatron

I take it the spaces are shared between all residents or does your apartment have a specific numbered space?

4ensic15

Franz Von Peppercorn wrote: »

Regardless of the GDPR the op has a right to the minutes of the AGM as a director.

The o/p hasn't said he is a director.

Franz Von Peppercorn

4ensic15 wrote: »

The o/p hasn't said he is a director.

Has to be as an owner.

4ensic15

Franz Von Peppercorn wrote: »

Has to be as an owner.

No he doesn't. He only has to be a member.

davo10

Franz Von Peppercorn wrote: »

Has to be as an owner.

https://www.ccpc.ie/consumers/housing/apartments-and-duplexes/owners-management-companies/

Owners are members, directors are elected. But you are correct, as a member the op is entitled to minutes of AGM.

I had the misfortune to be a director of a development I own a property in for 10 years, the biggest pain in the hole was complaints from owners about decisions made by unanimous vote at AGMS they didn't bother their arse attending.

Lofidelity

The way this usually works is as follows, you give the car reg and proof of ownership to the parking enforcement company. A permit disc is then issued with the car reg printed on it and posted to the owners address in the apartment complex.

My guess is that the OP has a right to one car parking disc and it is already issued to a current or previous resident at his apartment. Therefore he or she will not be issued another until the current parking permit expires, usually every 12 months. That explains why another parking permit will not be issued to this address.

HeidiHeidi

Lofidelity wrote: »

The way this usually works is as follows, you give the car reg and proof of ownership to the parking enforcement company. A permit disc is then issued with the car reg printed on it and posted to the owners address in the apartment complex.

My guess is that the OP has a right to one car parking disc and it is already issued to a current or previous resident at his apartment. Therefore he or she will not be issued another until the current parking permit expires, usually every 12 months. That explains why another parking permit will not be issued to this address.

But why would the management company not just explain that? If that's what's actually happening.


Sounds most bizarre, the whole thing.

OldMrBrennan83

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Lofidelity

HeidiHeidi wrote: »

But why would the management company not just explain that? If that's what's actually happening.


Sounds most bizarre, the whole thing.

It sounds bizarre because the OP is not being 100% forthcoming with all the information. My guess is that somebody who the OP is now on bad terms with, an ex or non- paying tenant, has a permit to use their car space and they want to stop it.

thebiglad

Birdsong wrote: »

In my complex , we have discs also. However there is no clamping between 10 -5pm due to people having plumbers, builders etc calling. Might be worth asking is there a similar arrangement in place for your estate agent

In ours we have phone/text system to register visitors - we can register any vehicle for 24 hours and no more than 3 times in 7 days.

There must be some system in place for visitors which estate agent could utilise...

Lofidelity

Patww79 wrote: »

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They probably said this at the start and now the OP wont accept it and move on. We only have one side of the story.

davo10

Lofidelity wrote: »

The way this usually works is as follows, you give the car reg and proof of ownership to the parking enforcement company. A permit disc is then issued with the car reg printed on it and posted to the owners address in the apartment complex.

My guess is that the OP has a right to one car parking disc and it is already issued to a current or previous resident at his apartment. Therefore he or she will not be issued another until the current parking permit expires, usually every 12 months. That explains why another parking permit will not be issued to this address.

While for the most part, you are correct, in my experience with MC, the owners do forward their reg for the disc. But on one point you are very wrong, owners often change their cars during the year, and tenants often change. New discs are sent out all the time, a MC nor a clamping company cannot restrict the entitlement of an owner to a new disc in this manner. If you think about what you are posting, the new owner of my car could park in my space, just because the reg matched the disc, and I couldn't park my new car because I have no disc.

Del2005

I wonder is the OP using the space for a commercial activity, was trying to let it out. Why else would estate agents not want to show if there's parking issues around the complex.

ShatterProof

OP, anything to share?

footfall789

Hi ,

No issues with tenants as none in the property , nobody else has the Parking Discs, not running a business out of the property . No issues with previous owners as I own the property for a number of years . Parking Discs are issued per Apartment , you do not have to supply Car Regs.

All owners receive information from the AGM each year . Currently only one reason why owners will not receive their Parking Discs and that is if the owners have not paid their Service Charges, I am up to date .


The problem here is that the Management Company will not engage with me as to why I have not received the Parking Discs and the OMC will not reply to my requests for information regarding the the reasons why I have not received the Parking Discs.

The MC or the OMC will not engage with me , that is the problem, they wont give me a reason why I have not received my Parking Disc.

If I was doing something that the MC or OMC did not approve of or then they should tell me . Dont know if I told you or not but the Key fob I use to access my property were cancelled as well . I was able to get access using another residents Keyfob.

I wonder could I go to the Small Claims court and get my parking discs that way , maybe then they might say why i am not receiving the Parking Discs.

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So they wont give you parking discs and they wont engage with you as to why they wont give you parking discs and they cancelled your key fob - but you are up to date in your fees and you have no idea why this might be happening?

vintagecosmos

Do you own it outright? Any chance your lender has gotten involved?