Desp[erate appeal please help: small claims soliciotr LBA dedline expired

aworrieddriver

thanks everyone for your comments. I had a long day at work and so not been able to reply

aworrieddriver

IamEmanresu wrote: »

And why a solicitor would bother with such nonsense is unclear unless this was really sent out by UKPC themselves on SCS paperwork.


Are you referring to the letter with SCS heading or the UKPC letter?

If you are genuinely worried and losing sleep, for this amount of money go and see a Solicitor. Most have a Free 30 minute consultation. This will take 5.

Ive been to CAB and contacted The Law Society. I was given a list of solicitors close to me. Most either said that they are into family law, or don't do 30 minute no obligation consultation. Some listened to me on the phone and advised that I just pay as its cheaper. That's how I decided to join a forum and seek advice, which is most appreciated

patman99

Right op. Were the parking 'offenses' committed whilst parked in the communal carpark at the development where you live?.

If so, check your lease. What does it say about parking?.

No mention of the requirement to display a permit?. Then your lease trumps the parking company. End of. regardless of the outcome of the Beavis case.

aworrieddriver

IamEmanresu wrote: »

This appears to be the cause of action. The OP has not even said if they had rights to use the space, were in their own space, if the car park was marked or even if they had contacted the Managing Agents about this.


There are at least 100 flats in the block. Every flat has a single designated bay with clear markings ( 2 white parallel mark) with the flat number written on it. We have two cars, my wife and myself. I changed mine in July. The flat comes with only one residents permit, which should be displayed when marked in the corresponding bay. My wife used the pay and hence the residents permit.


The remainder of the private parking area consists of free space. There is no double yellow or cross hatched yellow or red lines saying don't park here or there. I have been parking next to a hedge and the curb. Another car has been also parking exactly like me. Accordingly, UKPC considers parking there as being " not parked correctly within the markings of the bay or space". This doesn't cause any obstruction or hold up of the traffic within the parking area. There has been no complaints from any residents that parking here has caused any inconvenience. In fact , the main thing that has come to the attention of some of the residents, has been why the other car which parks exactly where I do never gets a ticket


Im a tenant renting it from the lease. I don't have a copy of the lease to see whether there are restrictions on parking or not. The owner of the flats has refused to show me a copy of the lease.


The management company has asked UKPC to police the car park. Im not privy to what their exact agreement says.


I did call the management company a while ago. Most the time, as soon as they know its the tenant and not the owner of the flat, they become very unhelpful. Its so difficult to get through o someone who knows what they are talking about. the customer care asks what the query is about. I explain and get an answer saying you should be following the parking companies rules. There's even no chance to explain!!I quickly gathered that my single voice isn't going to change anything.

He may appear to be a headless chicken but there seems to be lots of noise and little action.

I admit I have ignored all the letters etc. based on old advice from friends/neighbours. I have and yes it may be too late. But I have joined here and am asking for help and advice. Whats happened is in the past. Im trying to ask for help here and really am keen to avoid the situation getting worse

aworrieddriver

patman99 wrote: »

Right op. Were the parking 'offenses' committed whilst parked in the communal carpark at the development where you live?.


Yes I was parked in the communal area if that's the right term. Essentially, there are numbered designated bays for resident permit holders. My wife uses that space. I was parking in the communal parking area next to a hedge and curb, along with another car, and this never ever caused any obstruction to anyone

If so, check your lease. What does it say about parking?.

No mention of the requirement to display a permit?. Then your lease trumps the parking company. End of. regardless of the outcome of the Beavis case.

#




The owner of the flat has not agreed to show the lease. Im renting via a letting agent so cant contact the owner directly and haven't got his/her details. However, the letting agency said the flatowner wasn't happy to show it to me.




The signage does say that a permit must be displayed. Obviously that's for those parked in the designated bays. I guess by parking in communal areas, which according to them are not bays, they can fine you whether there is a permit or not because its not within a bay

aworrieddriver

Coupon-mad wrote: »

Yes by all means show us links with http changed to hxxp (newbies can't post working links, so post broken ones for us to change back).

Dear Coupon mad


did you get a chance to look at the letter from UKPC? Normally they wouldn't send that one out. they would just stick to the SCS letter. however, because I called them and as a result got this UKPC letter. Whats your thoughts please

Quentin

When you called them did you make sure that you didn't reveal yourself (as the driver)?

aworrieddriver

Quentin wrote: »

You are so right.


However I was just correcting the wrong info given in #36, not suggesting anything else!

The OP is talking of crumbling and paying. If he decides to "crumble" it will cost him less to pay now than it will if a court case ensues!

Thank you Quentin for your comment


Maybe I used the wrong phrase. I meant my worry/fear is that I go all the way to the court, and then in front of the Judge I get lost for words/explanations which may result then in be losing the case. That's what I meant and it does actually terrify me

aworrieddriver

Quentin wrote: »

When you called them did you make sure that you didn't reveal yourself (as the driver)?

as far as they are concerned Im the registered keeper, which is correct. there was no mention of who the driver was

patman99

There must be residents who actually own their properties. They will have a copy of the lease. Ask around and see if anyone can furnish you with a copy. It will be the same for the whole site, so would be the same as the one your LL has.

This will answer your questions.

Also, make sure to purchase lockable numberplate covers and use them when parked on the site. That way, they cannot read your reg. number.