Napier FCN Help Please!!!

Coupon-mad

Is the agent who should have given you the permit, the same agent which manages the place and contracted Napier? If so, could be useful leverage.

Prakasht

Unfortunately its not the same, the estate agent is Bridge.

Coupon-mad wrote: »

Is the agent who should have given you the permit, the same agent which manages the place and contracted Napier? If so, could be useful leverage.

Prakasht

Finally managed to get hold of the whole building property management firm(consortpm), and they confirmed that Napier doesn't own the parking space, they are just contracted to enforce the parking (he also felt that my estate agent failed in their responsibility to provide me with the required permit along with the keys to the property).

I have now requested my estate agent (Bridge) to provide me the parking contract agreement between the landlord and landowner or Napier to see if there is anything mentioned about permits.

Also do you think it would be worthwhile to push the estate agent to liaise with property agent to handle this with Napier or should i request/ pursue the property agent to ask Napier to cancel this?

I am also working on the LBCCC response which i hope to complete today/tomorrow.

Again thanks for everyone to your valuable guidance :T.

Regards,

Coupon-mad wrote: »

Is the agent who should have given you the permit, the same agent which manages the place and contracted Napier? If so, could be useful leverage.

Coupon-mad

Also do you think it would be worthwhile to push the estate agent to liaise with property agent to handle this with Napier or should i request/ pursue the property agent to ask Napier to cancel this?

As long as you also respond to Napier (not relying on a third party to do something), I would indeed rattle as many cages as you can because these tickets can be the most difficult to defend and Napier are like a dog with a bone and don't go away!

It's good that Napier appear NOT to be the owners/leaseholders in this instance. Sounds like the Estate Agent has caused what I think is known as a 'frustrated contract' situation (whereby you couldn't have complied so you could argue the contract is not enforceable between the parties).

4consumerrights

Have you got an exact name for Bridge - there are several by googling?

Estate Agents' conduct are bound by the Estate Agents Act 1979 and the OFT is responsible for compliance and sanctions

http://www.oft.gov.uk/OFTwork/estate-agents/#.UvUW3fuArUY

If the Estate Agent subcribes to the LPO code of conduct then you may get recourse here:

http://www.tpos.co.uk/consumer_guide_rents.htm

I would definitely be considering making a complaint to the OFT and the LPO if you can and perhaps include Trading Standards.

Prakasht

Hiya,

thanks for your comments, i am sure looking to do that. The agency in question is Bridge property services (bridgepropertyservice dot co do uk).

Regards,

4consumerrights wrote: »

Have you got an exact name for Bridge - there are several by googling?

Estate Agents' conduct are bound by the Estate Agents Act 1979 and the OFT is responsible for compliance and sanctions



If the Estate Agent subcribes to the LPO code of conduct then you may get recourse here:



I would definitely be considering making a complaint to the OFT and the LPO if you can and perhaps include Trading Standards.

4consumerrights

Prakasht wrote: »

Thanks for the info.

Today I received a very unhelpful response from the estate agent stating that this has nothing to do with them (Napier wouldn't have issued the fine in first place if only my agent provided me the permit along with the move ).

I went through the rental agreement and surprisingly there is no mention of the parking space allocation at all (though the agent provided me the parking permit after a week's time by then i was fined twice by Napier). So does that make the estate agent not at fault here?

The good news is that the website for the Bridge does have both the OFT and TPO logos.

The Property Obudsman will be able to investigate a complaint in this instance - the Estate Agent are certainly at fault here for their failure in this instance and so is your landlord if there is no mention regarding parking or conditions. You have a very strong case to make a counterclaim against both parties. I would recommend that you also talk to your local rent officer at the council regarding this matter - stress you believe it is harassment to be treated in this manner - another port of call would be trading standards.

However your first priority should be to ensure that you make a robust reply to the LBCC - have you checked where it is non-compliant yet?


I am also sending you a pm - check in a minute to two.

Prakasht

Dear all,

Thanks everyone for your pointers especially the Rockstars - 4consumerrights, Coupon-mad and bod1467 for your kind guidance. I have now sent a formal response/acknowledgement to Napier, meanwhile pushing the landowner to cancel the fine. Will update the thread as things progress.

Cheers,
Vincent

Prakasht

Hiya,

Thanks to everyone for your kind support and advice on this issue, apologies for the delay in updating the results.

Important - Napier READS this forum every day and tries to match it with its records to identify the person. In my case they successfully did and sent an interesting letter quoting this thread and the situation. After negotiation they agreed for £50 payment, it is by no means reflective of the help i got here its just that i just wanted them off my back as i travel a lot and couldn't spend the time to fight this to the end.

Please note - When getting help from this forum just state the case in general and private message the gurus with detailed info.

Thanks again for the community to help me deal with this ridiculous issue.

Feel free to PM me if you need further information.

Regards,
Vincent

Coupon-mad

We know Napier read this forum! So what? Hello Napier!

It's a shame you had to open your wallet to make them go away but I do understand; they are intimidating and £50 for 2 tickets is their admin costs really, they've not profited from you.

The fact they print off forum threads (even in court cases) is laughable and means nothing (unless they use them to 'prove' who was driving when a person was lying to them, for example). They seem to like to just use the forums to make people feel intimidated, with a sinister: 'muhahahaha...look we've seen your thread, how dare you post on internet forums'. The answer is usually, 'Dear Napier, so what - it's a public forum? I never thought you wouldn't read my thread as you are well known for it - and haven't you got better things to do seeing as you don't go there to help posters?'