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Would like to sue PCM, L&Q & Residents Association for PCM unreasonable behave

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Sassii
Sassii Posts: 251 Forumite
First Anniversary Combo Breaker
in Parking tickets, fines & parking
Hi my Lovely friend in MSE

I would like to sue the management company L&Q and Residents Association for the damages caused to me by PCM for the cases

http://forums.moneysavingexpert.com/showthread.php?t=5662425&page=6

http://forums.moneysavingexpert.com/showthread.php?p=73573799&posted=1#post73573799

I knew it's need to be in the same thread but that could make confusion as that cases still running.

I remember there were a thread about how to make a claim against PCM or management company and how to use MCOL but I'm searching from yesterday but can't find it.

Could you please any one guide me through that.

Thanks v much
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 16 December 2017 at 2:11PM
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    Suing s Residents' Association is pretty drastic, these are your neighbours, fellow owners, they are supposed to be acting in everyone's best interests. If they have made decisions with wish you disagree you would be unlikely imo to convince a judge that everyone is out of step but you.
    You never know how far you can go until you go too far.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    confiscate there kodacs , job done !
    Save a Rachael

    buy a share in crapita
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    You employ the management agent and the tenants associate represent you by third party authorisation.
    Sack both by letter.

    For the claim, the DPA may be the way forward.
    As you opted from the schemes, they had no just cause to receive your data.
    I do Contracts, all day every day.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    You are getting confused with terminology.

    You cannot sue someone for unreasonable behaviour, that is not a cause of action in law. You may be awarded further costs at the end of a case, if the Judge agrees that the other party has conducted themselves unreasonably.

    Also, a Residents' Association is likely to be an unincorporated association, and as such not a legal entity which could be sued. Any action would need to be against the elected officers personally.

    I suggest you should recognise that this will be a colossal waste of time, similar to attempting to obtain pecuniary reward in exchange for recently deceased equine livestock.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Sassii
    Sassii Posts: 251 Forumite
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    edited 18 December 2017 at 4:29PM
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    The_Deep wrote: »
    Suing s Residents' Association is pretty drastic, these are your neighbours, fellow owners, they are supposed to be acting in everyone's best interests. If they have made decisions with wish you disagree you would be unlikely imo to convince a judge that everyone is out of step but you.

    I'm living in that land before they created this alleged Resident Association and before PCM control that land. as I can see from Residents Association 1st decision in the 1st meeting is to nominate PCM for that rule also one of son's member taking cars photo for PCM. we tried to set with them to solve that issue but they are very tough and refused to give us any information and misleaded us. They taking decision on behave of residents without any consent as most of them are unknown to resident and refused to tell us where they are leaving in the estate.

    Now residents signature collected and we are going to complain against them
  • Sassii
    Sassii Posts: 251 Forumite
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    bargepole wrote: »
    You are getting confused with terminology.

    You cannot sue someone for unreasonable behaviour, that is not a cause of action in law.

    I would like to sue them for

    - Taking decision on our behalf without our consent.
    - Breach of Data Protection Act.
    - Harassment to Residents.
    - Trespass to resident’s cars & lands.
    - Breach of the contract between the residents, L&Q & landowner.
    bargepole wrote: »
    Also, a Residents' Association is likely to be an unincorporated association, and as such not a legal entity which could be sued. Any action would need to be against the elected officers personally.

    That what I'm going to do to sue them personally as they taking decision in the behalf of residents without residents consent. Signatures collected from most of the residents for that
  • KeithP
    KeithP Posts: 37,638 Forumite
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    You can't sue them for breach of the Data Protection Act.

    You can however sue them for damages due to the stress they have caused you by their breach of the DPA.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    Sassii wrote: »
    I'm leaving in that land before they created this alleged Resident Association and before PCM control that land. as I can see from Residents Association 1st decision in the 1st meeting is to nominate PCM for that rule also one of son's member taking cars photo for PCM. we tried to set with them to solve that issue but they are very tough and refused to give us any information and misleaded us. They taking decision on behave of residents without any consent as most of them are unknown to resident and refused to tell us where they are leaving in the estate.

    Now residents signature collected and we are going to complain against them

    So you will have multiple claimants, multiple defendants, and several causes of action.

    This means that the claim can't be issued via MCOL, it will have to be done on a manual N1 form via Salford.

    The Particulars of Claim will need to be carefully and professionally drafted, in grammatically correct English, and must include Schedules of Loss and Damage directly caused by breaches of contract and/or negligence, which can be shown to have been as a result of the defendants' actions.

    Based on previous postings, I don't think the person drafting that should be you.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Wouldn't you be better making a formal written complaint setting out the issues and the action and compensation you are seeking to remedy the situation, and then taking it to the next stage, asking them what the next stage of ADR would be, maybe:

    http://www.housing-ombudsman.org.uk/

    https://www.gov.uk/housing-association-homes/complaints

    ''L&Q is one of the UK's leading housing associations and one of London's largest residential developers, managing over 90,000 homes in London and the South East.''
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sassii
    Sassii Posts: 251 Forumite
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    bargepole wrote: »
    So you will have multiple claimants, multiple defendants, and several causes of action.

    No that will be individual claims using the same Technic PPC used by raise one claim for each PCN to make them busy and of course they are going to use a solicitor which cost them more & can't claim that cost in small claim track.


    bargepole wrote: »
    Based on previous postings, I don't think the person drafting that should be you.
    of course I'll not be the one write any official thing. some of my English neighbors will do that and i'll post it here but I need a help from you for the good claim points.
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