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

aworrieddriver

Northlakes wrote: »

OP Can you check your household insurance policy for legal cover?

These issues won't just go away and professional advice is recommended as the sums involved here are significant.

Thanks for comment

I am a subtenant. I dont think my insurace covers it

At the moment , the pcc hasnt gone to court etc. ive had the letter from small claims solicitors. If i was to pay such high fees to a solicitor, would it not be better to wait and see if the pcc will actually take me to court first?

The_Deep

Nothing much on Davey v UKPC is available for free. If you 'phone Winchester CC they will be able to tell you what they have, and how much it costs.

You could also contact Mr Davey,

http://www.5pumpcourt.com/barristers/roger-Davey

I cannot offer you any advice on how to fight it, the sum involved is a penalty for improper parking and since the Beavis decision, penalties are allowed in some cases.

If I was in your position I try to come to an agreement with the PPC, say £500. If they refused I would take my chances in court.

zoonyx

Thought so.

The reason I highlighted it was because people here possibly thought you were talking about a space owned by the owner of the flat, which in this case is not correct.

So I suspect you should treat these tickets as a ticket outside of marked space as in any other PPC covered car park. Rather than it being connected to quiet enjoyment or your tenancy agreement.

PS: I agree with The Deep.

aworrieddriver

zoonyx wrote: »

Thought so.

The reason I highlighted it was because people here possibly thought you were talking about a space owned by the owner of the flat, which in this case is not correct.

So I suspect you should treat these tickets as a ticket outside of marked space as in any other PPC covered car park. Rather than it being connected to quiet enjoyment or your tenancy agreement.

PS: I agree with The Deep.

thanks a lot zoonyx


Im thinking about all the options. Sometimes its actually very difficult to decide as you get so many different and even opposing opinions, and it makes it more difficult eg, is it a breach or not, is there a contract or not, is the LBA compliant or not, does the assured hold tenancy AST take precedence over any other contract, roll over he money or defend the case and etc....


its becoming even more confusing to me now which grounds I an fight this


called another solicitor today, sadly clueless and uninterested.

aworrieddriver

The_Deep wrote: »

Nothing much on Davey v UKPC is available for free. If you 'phone Winchester CC they will be able to tell you what they have, and how much it costs.

You could also contact Mr Davey,

http://www.5pumpcourt.com/barristers/roger-Davey

I cannot offer you any advice on how to fight it, the sum involved is a penalty for improper parking and since the Beavis decision, penalties are allowed in some cases.

If I was in your position I try to come to an agreement with the PPC, say £500. If they refused I would take my chances in court.

thanks a lot Deep for the comments.


I think they have removed the link. clicked on it, but wasn't able to get anything.


yes agree a penalty for improper , but are you saying it doesn't matter if its on residential or retail park, as both are commercially justified. I thought one reason beavis lost was the commercially justified argument? I may be wrong

aworrieddriver

Coupon-mad wrote: »

Yes I would agree, start preparing a response now but wait for Beavis, you got it. Dead right.

Hi Coupon Mad


As a long serving member here, what are your thoughts on the comments from those who have very kindly commented?


I would be interested to hear yours please


regards

The_Deep

There is indeed no commerciual justification for this charge, but there is a social justification. If lots of others parked their cars on communal land if might resemble a car park and cause landlords problems in renting properties to discerning tenants. It might put off potential buyers, and devalue propereties.

My properties are my pension fund. I do not want down market oiks parking their second cars in communal grounds.

Coupon-mad

aworrieddriver wrote: »

Hi Coupon Mad

As a long serving member here, what are your thoughts on the comments from those who have very kindly commented?

I would be interested to hear yours please

regards

At the moment , the pcc hasnt gone to court etc. ive had the letter from small claims solicitors.

As you haven't got court papers I would send a robust response now in view of the Beavis debacle. As per the 'LBCCC Fightback' thread.

aworrieddriver

The_Deep wrote: »

There is indeed no commerciual justification for this charge, but there is a social justification. If lots of others parked their cars on communal land if might resemble a car park and cause landlords problems in renting properties to discerning tenants. It might put off potential buyers, and devalue propereties.

My properties are my pension fund. I do not want down market oiks parking their second cars in communal grounds.

Dear Deep


Thankyou for your comments


Actually, I didn't think about that one.


Your absolutely correct in your reasoning and I totally would feel the same if I was the landlord, so I have no arguments against that.


makes me feel ashamed of what ive done, but my intention wasn't that . It was my naivity. I will exactly remember that point for the rest of my life. Thankyou




Regards

aworrieddriver

Coupon-mad wrote: »

As you haven't got court papers I would send a robust response now in view of the Beavis debacle. As per the 'LBCCC Fightback' thread.

Thanks for getting back to me


I will be sending it off in the next few days.


I will keep you posted


Regards