Secure-A-Space, 5 PCN's in 17 days in allocated parking space.

BiscuitMuncher

Country of residence... Italy
Return?.... Yes

dazster

Hahaha! So just ignore the scum then! Let them take him to court if they want, all he has to do is to write to the court pointing out that he is a temporary visitor and a permanent resident of Italy and pouf, their case goes up in smoke!

Could even ignore the court if he wants to. Why would a resident of Italy give a stuff about a CCJ in England?

Coupon-mad

Depends if the driver's address has been given as the Italian address, thus far?

If not, then update the PPC with the address for service of papers, as the Italian one. Keep proof of that letter/email for six years and also send dazster's suggestion to go 'on the warpath':

dazster wrote: »

A letter to the managing agent and the parking scumpany:

The leasehold owner of the flat has an exclusive right to use the flat's allocated parking space, and as his tenant I have his permission to use the space under the terms of my rental agreement. Accordingly I do not require anyone else's permission to use that space, and Secure-a-Space cannot offer permission to park there as consideration for a contract: that which I already have cannot be good consideration. Accordingly neither I nor anyone else I have permitted to use the space has ever entered into any contract with Secure-a-Space.

By seeking to interfere with my rights over the parking space <name of managing agent> and Secure-a-Space are committing a private nuisance. This is a tort actionable both by a claim for damages and an injunction.

Further, I consider that Secure-a-Space's unwarranted demands for money and threatening letters constitute harassment, which is actionable under the Protection from Harassment Act 1997.

In the event that you oblige me to take further action, <name of managing agent> and Secure-a-Space will be held jointly and severally liable.

dazster

Italian address not relevant. If he's a permanent resident of Italy then an English County Court cannot hear a case against him, even if he does temporarily have an address in England.

Coupon-mad

But is he...thought the Italian was the tenant?

dazster

Yes he is the tenant.

It takes 5 years for an EU citizen to become a permanent resident of another EU country. An assured shorthold tenancy can be as short as 6 months. So being a tenant doesn't make him a permanent resident.

And if he's going back to Italy soon anyway then it really doesn't matter. A CCJ in England can't hurt him in Italy.

BiscuitMuncher

I suppose wait and see what the outcomes of the next 3 PCNs will be.

Guys_Dad

dazster wrote: »

Yes he is the tenant.

It takes 5 years for an EU citizen to become a permanent resident of another EU country. An assured shorthold tenancy can be as short as 6 months. So being a tenant doesn't make him a permanent resident.

And if he's going back to Italy soon anyway then it really doesn't matter. A CCJ in England can't hurt him in Italy.

It can hurt him if he returns to the UK and wants another tenancy.

BiscuitMuncher

Just received evidence pack for PCN 3 appeal.

Not gone through it fully yet but it seems to be the same evidence as PCN 1 & 2 evidence.

I'm still awaiting PCN 2 POPLA decision.

In the evidence pack there is a copy of a management company letter dated 5 years ago which specifically refers to clampers and clamping. As clamping is illegal(?) I'm sure this must be a piece of "evidence" which can be used against the PPC. Just wondering how?

"Over the past 6 months we have been monitoring the Car Park at xxxxx xxxxx xxxx and after receiving further complaints about unauthorized vehicles, we are now implementing Parking Permits which will relate to the Parking Space that is assigned to your apartment.
For ease of reference the concierge will have a list of car park numbers relating to the apartments. Please collect and sign for the permit as soon as possible.
When collecting the permits please bring ID with you confirming which apartment you live in.
If you rent please send a letter confirming that you happy for your tenant or Agent to pick the permit up in your absent.
All apartments have 1 parking space, clamping signs will be put up shortly and the clampers will start on the xxth Xxxxx 2011."

salmosalaris

The managing agents admit they know the VRN of the authorised vehicle associated with each assigned parking space . There is therefore no legitimate interest in their contractor enforcing a charge against an authorised vehicle for not displaying a permit that simply informs them of what they know or should know already . The charge is penal .