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I have an unusual situation I hope somebody can help me with.

I was working a bit later than usual at work, my car was parked in the car park we share with our neighbours (an enclosed yard) who also happen to be our landlords.

Two months ago our landlords for security reasons had an electronic gate installed at the entrance and handed out remote key fobs to the users myself incuded, they also gave out the key combination for a wall mounted keypad as a secondary measure.

Within the week the key fob stopped operating and was returned to the landlords until the gate remote sensor was mended. I was still able to open and close the gates for access using the mounted keypad.

Then two weeks ago my neighbour/landlord popped his head in my office and said he was leaving and had I got a key, I said I don't have a key, however I can let myself out using the keypad as I know the combination.

When I left work I keyed in the access code but it wouldn't operate the gates, I tried several combinations but to no avail.

I telephoned our neighbours head office who fortunately were working late and managed to get them to contact an employee who had a working key fob, she seemed sympathetic and joked about it.

Eventually after waiting for an hour somebody came and let me out.

Today I have received an invoice for £75.00 Emergency Callout Fee from the landlords.

I challenged them nicely stating that it was not my fault that their gate was faulty to which I was subjected to verbal abuse and told they will take us to court if we don't pay up. She also added anything else I need to say then say it to our solicitors then put the phone down on me.

Am I really at fault here? and if not how do I challenge them?

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That seems very cheeky of them!

 

Do you have any written agreement containing terms and conditions with the landlord concerning the use of the gates? And when you phoned and asked for help, was any call out fee mentioned? There is also the issue of the faulty key fob you returned, has a replacement been issued to you?

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It is accepted that this gate is used by both companies being the only access to the parking and delivery yard.

I will need to check the lease however, prior to the electronic gate being installed we had a padlock and chain with both companies holding keys the arrangement being last out locked up.

When the lease was drawn up there was no electronic gate in place

 

No callout fee was ever mentioned

 

I have since received a key fob about two days after the incident

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If they contact you again tell them "you WILL be only to happy to talk to their solicitor and thanks for making the offer" - otherwise as you have to live with these people do now't as they haven't got a leg to stand on - in fact you could sue them - so I think they are best to leave it alone - & if he or she their solicitor is any good he or she WILL advise them of this - complete plonkers

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Thanks for the replies

Shall I just refuse to pay the charge and wait to see if they take it further?

Obviously if they do take this further I will have to be prepared for court action, judging by the performance of the person I spoke to today it seems likely they will take this further.

 

I have never witnessed anyone flare up the way she did when I challenged her over the charge

At one point I calmly asked her why was she arguing with me and she snapped back "I'm not arguing"

I said "yes you are, you are not letting me finish...."

"No I'm not" she said

- enough said there!

people eh!

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