UKPC vs Resident - Taking me to court :(

Coupon-mad

rebecca91 wrote: »

May I ask, once this is submitted, I assume I need to then write a fuller defenCe nearer the time to go in depth into this defence?

Your auto-correct is a USA version, changing defence to the American spelling instead of UK (I've put it right above).

Read the section under 'Small Claim?' in the NEWBIES thread, which tells you what happens when, in a link written by bargepole. It is imperative you know that there are more forms and processes to follow.

To see other example defences in 'own space' cases like yours, search the forum for 'Jopson derogation from grant defence'.

rebecca91

Hello all,

I wish to express my gratitude and thanks for all of your help.
UKPC have withdrawn the court case, and dropped the additional parking charges that they said they would 'follow up after the court case'.

It is good to see a final result.
Parking Prankster has posted about this on his blog with the final details (SCS Law and UKPC Post)

Thanks all

beamerguy

rebecca91 wrote: »

Hello all,

I wish to express my gratitude and thanks for all of your help.
UKPC have withdrawn the court case, and dropped the additional parking charges that they said they would 'follow up after the court case'.

It is good to see a final result.
Parking Prankster has posted about this on his blog with the final details (SCS Law and UKPC Post)

Thanks all

So this is you ...
http://parking-prankster.blogspot.co.uk/2017/01/ukpc-cancel-1500-of-residential-charges.html

Well done:T, and UKPC thinks this site of rubbish ??? the word is scared. So they should be.

Hope you make it your business to tell all the residents and make UKPC a defunct intruder

safarmuk

Very well done rebecca91 - I am working with some residents in exactly the same situation. PP blog mentions you issued a LBC to the MA ... could I get a (personal information redacted obviously) copy of that letter (LBC) to maybe use as a template if we need it?

Are UKPC still operating at your residential car park, if so have the MA implemented any changes as a result of this?

Your situation is very pertinent to the one I am helping with and you clearly had the guts to stand up to these companies (which surprisingly a lot of people don't) which is very impressive.

Coupon-mad

That is great news - another win for the forums and the Prankster with joint advice! And nice work by you in seeing it through.

The_Deep

PPCs have recently been losing these "own space" cases hand over fist. If they have obtained your details from the DVLA without due cause you can possible claim £250- £750 from them


You may not have read some of these

https://forums.moneysavingexpert.com/discussion/5574492

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

https://forums.moneysavingexpert.com/discussion/comment/71954785#Comment_71954785

rebecca91

Hi there, sorry for the late reply!
I didnt quite send a LBA - I sent the treat of 'if you dont I will be claiming costs back' as a letter. Just a simple threat. Also included the owner of the carpark who was incredibly cross I have heard. Then they actually started taking action to remove charges!

They are still using UKPC, their contract with UKPC I believe showed they actually made a percentage of profit for every payment from a resident to UKPC! (The cheek!)

No changes have been made. I got an apology, along with a free pass to display in my car (Why I had to pay originally to park in my space I have no clue!)
I am happy to advise as much as needed Same my end with other residents though, they are also now in a similar situation, so I am guiding a few of what to do

rebecca91

Thank you for this! This is some evening reading for me to go through!

safarmuk

@rebecca91 - we are in the same boat. I am helping some of my residents get their money back also, the only difference is the Managing Agents at my block are absolutely shocking and clearly don't have any regard for the residents (taking action on that too). They also clearly didn't do their due diligence around taking on a PPC nor do they even appear to understand the law. The freeholder is now also involved (and also not too happy about being involved it seems).

Ultimately my interest in the LBA was because I think I/we are actually going to need one to bring things back into line.

rebecca91

My personal advise,
if its not too late,

include the managing agents in the counterclaim (if its got that far and you have not replied to the court yet)

That will ensure they HAVE to listen.

Also, the Managing A's are probably NOT the landowner. Ensure you email a nice long email to the MA, include the highest person up the rung in the MA's company as you can, and also CC in the owner of the carpark if possbile.

Also demand the parking people to send the contract to you between themselves and the MA. If they dont have one, you have nothing to answer to, but it might say that the MA get a percentage of profits for a parking charge, and also might tell you who ownes the actual land

Again any questions throw them my way.
My Letter before action was more of a threat to claim back costs, rather than an official Letter Before Action.
The full letter I sent was as follows....


(There are a few small notes i've added in it to help give context)


To (MA - Managing Agents)
Kiran (UKPC solicitor for your references who I found did not exactly understand some basic Law in some areas!) at UKPC has not replied to any emails. Along with this, UKPC twice have stated no agreement or instructions have been made (Them canceling charges as the Managing Agents requested them to do). I now withdraw my offer to pay (a small amount to end the case) and have now submitted court papers for trial this morning.


I find it disappointing that after (MA agent) sent 2 emails stating you requested all charges to be removed from my account before UKPC had fully commenced legal action (which will be sent to the court in my counter claim to (MA) and Ukpc) UKPC are still chasing me for any amount of money.

UKPC work on your behalf, and are under the instructions of (MA). As you are aware, UKPC have emailed me to state that you have not requested any charges to be removed. Someone is being untruthful. Again this will be submitted to court.


Paying £1700 to park in my own private space, with no loss to anyone, a resident you benefit from with the service charges my landlord pay, is truly disgusting of any company.
I can only imagine (MA) make a percentage profit from all parking charges, which I will confirm with the contract UKPC have been instructed to bring to court by me which will be used as evidence for my claim against (MA).
Due to this situation I am in the process of finding alternative accommodation and will be moving out in the near future.

I am drawing up my evidence and full defense for court at this time. I request that (MA agent) explains fully the 2 emails stating she asked for all charges to be removed from my account, and why she believes UKPC were able ignore these instructions. I will need this within 7 days for evidence.

I must make you aware my tenancy agreement makes no mention of a parking permit, and neither do the official deeds of the land (You can find these online easily for a few pounds to check who actually owns the land, and also if the flat has a carpark to themselves. The deeds didnt mention any parking permit needed, it only said who owns the land - My landlord). This ensures primacy of contract. This means that my contract overrides and signage UKPC have in place, and they cannot change my contract without written permission from me.
Unless (MA) or UKPC have a signed document stating I am happy to park with use of a permit, then there is no standing for UKPC to claim costs.

I have not signed any documentation for this.

This is not the first time the same situation has been brought to court, and there is a large body of case law which establishes and supports my case.

In Saeed v Plustrade Ltd [2001] EWCA Civ 2011 it was found the managing agent could not reduce the amount of parking spaces available to residents due to a tenancy agreement.

In Jopson v Homeguard [2016] B9GF0A9E, on appeal it was found that the parking company could not override the tenant's right to temporarily stop near the building entrance for loading/unloading.

In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.

UKPC is bound to fail and all of my costs will be reclaimed from (MA) and UKPC.

I will be issuing a letter before claim to (MA) within 30 days after the court case if it gets to this stage to claim costs back, regardless of the outcome unless all charges are dropped within 30 days of this email.

To summarise,

I will be bringing a case against UKPC and (MA) 30 days after the current court case if it were to get to this stage, to claim back all costs.

I require (MA representitive) to explain fully her emails for evidence to court.