Gladstone solicitor letter in relation to Parking patrol fine

Half_way

The imposition of a ppc
running a profitable business from your space is far from reasonable.

Coupon-mad

So you reckon I should contact UB asking to cancel the fine in relation to point 5? How or where did you find the contract between UB and UKPPO?

We know this stuff because we have been doing this for many years and such information is available from the BMPA (free charity) of which some of us regular posters are founder members:

http://urbanbubble.co.uk/contact-us/

If this was Urban Bubble who said the bit in bold below, they were lying because they CAN cancel and should have done, and you can sue both if they do not act to cancel it now:

Good afternoon Rebecca,

Thank you for your email - I am sorry to hear you have received a ticket however the parking procedure was explained on signage throughout the development and via letter,, once cars are registered permit were put in your post-box the same day to be displayed in the car.
Therefore should you feel you wish appeal this you would need to do this through parking patrols appeals process, I can't cancel any tickets issued.

These managing agents are guilty of derogation from grant. You can sue. Be assertive. Do as advised by IamEmanresu.

rebeccaeliza

Coupon-mad wrote: »

We know this stuff because we have been doing this for many years and such information is available from the BMPA (free charity) of which some of us regular posters are founder members:

If this was Urban Bubble who said the bit in bold below, they were lying because they CAN cancel and should have done, and you can sue both if they do not act to cancel it now:



These managing agents are guilty of derogation from grant. You can sue. Be assertive. Do as advised by IamEmanresu.

Yes it was indeed them who said that, I'll contact them ASAP but they aren't open till Monday now. If I don't respond to Gladstones within the 14 days will this have implications?

Coupon-mad

letter from gladstone solicitors saying I need to pay them £150 or they will submit a claim against me...

If I don't respond to Gladstones within the 14 days will this have implications?

The implication already is that they are about to issue court papers. Yes you need to also respond robustly to Gladstones (and neither party should get something from you with too many 'please and thankyou' to it). As I said, Urban Bubble have derogated from the grant in the lease - to have imposed a charge and permit regime that didn't exist before, they would have had to get your formal agreement to vary the lease, not just email you a fait accompli: ''we've introduced a parking firm''.

no specific mention to having to display a permit anywhere.

And nothing has been stated formally to you about the new risk of a stated £sum 'parking charge' and nothing telling you that the lease has been so varied and that the signage on site is now incorporated into the contractual obligations of leasehold owners (they would struggle to justify that, but they've not even said it so the signs are of no concern to you). People really should NOT agree to permit schemes at all when they have 'primacy of contract' and a right to park already. Should have refused - but having said that, you never 'agreed' to vary the lease. read this:

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

And I would do a re-write of this sort of letter for Gladstones:

https://forums.moneysavingexpert.com/discussion/comment/71896526#Comment_71896526

Here is another one with wording about 'derogation from grant':

https://forums.moneysavingexpert.com/discussion/comment/71696844#Comment_71696844

You can see that first one suggests you demand maybe £450 which is perfectly reasonable given the fact you asked Urban Bubble to cancel it and they LIED TO YOU. Get angry. Cease being scared of what might follow.

If G's issue court papers I would be happy to personally write a defence and counter claim for you for free.

The_Deep

Have you seen this


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

Umkomaas

If G's issue court papers I would be happy to personally write a defence and counter claim for you for free.

A great offer from C-m. Completely genuine and dependable. The best private parking brain in Britain.

Trust her totally.

rebeccaeliza

Coupon-mad wrote: »

The implication already is that they are about to issue court papers. Yes you need to also respond robustly to Gladstones (and neither party should get something from you with too many 'please and thankyou' to it). As I said, Urban Bubble have derogated from the grant in the lease - to have imposed a charge and permit regime that didn't exist before, they would have had to get your formal agreement to vary the lease, not just email you a fait accompli: ''we've introduced a parking firm''.


And nothing has been stated formally to you about the new risk of a stated £sum 'parking charge' and nothing telling you that the lease has been so varied and that the signage on site is now incorporated into the contractual obligations of leasehold owners (they would struggle to justify that, but they've not even said it so the signs are of no concern to you). People really should NOT agree to permit schemes at all when they have 'primacy of contract' and a right to park already. Should have refused - but having said that, you never 'agreed' to vary the lease. .

Thanks again for your help, I'm just reading through all the information given currently,and starting to form my letter to G

I feel like I have read the lease thoroughly, but it is quite limited with what it does say my rights are.

The granted rights don't mention anything about me having the right to park, the only sections included under this are 1. Accessways which mentions the right of way for all usual and reasonable purposes by day or night with or without vehicles over and along the carriage ways of the Acessways...
2. Building Common Parts The right to use where necessary the entrance halls landings and staircases compromised within the Buildings but only such parts as are required for providing access to the Car Parking Space.

Then it moves onto The Reserved Rights
1.Service Installations

2.General easements - All such other rights easements and quasi- easements as are at present enjoyed or are necessary for the better use and occupation of the Buldings and Estate

Then it moves onto the Lessee's Covenants and then the Lessor's Covenants and the only section I can find in there which relates to the rights I have is under the section 7. Quiet Enjoyment - That the lessee paying the Rent and observing and performing the said covenants conditions and provisions herein contained shall and may peacefully possess and utilise the Car Parking Space for the Term without lawful interruption from or by the Lessor or any person rightfully claiming through under or in trust for it

None express explicit mention the right to park? I'm trying to refer to lease for specific things I can refer to in my letter to G

Coupon-mad

Quiet Enjoyment - That the lessee paying the Rent and observing and performing the said covenants conditions and provisions herein contained shall and may peacefully possess and utilise the Car Parking Space for the Term without lawful interruption from or by the Lessor or any person rightfully claiming through under or in trust for it

BINGO!

''may peacefully possess and utilise the Car Parking Space''.

utilise = use = right to park. No doubt.

''without lawful interruption from or by the Lessor or any person''

BANG. Get in! As I said when Brighton won at home with ten men last night!:rotfl:

Send a copy of that lease to Gladstones with your response. Show us first, make it really robust: 'oi, get your client off moi laaaarnd!'[/I

Seriously, write to G's and Urban Bubble in the style of the examples I showed you in post #15 and attach a copy of that lease with the relevant parts highlighted. DO NOT admit to who parked, talk about the 'unfettered right to park a vehicle' but not who parked it. In the Urban Bubble one, make it clear that displaying a permit might or might not be done as a courtesy but not with any obligation and certainly not under any threat or risk of a 'fine' which is clearly a matter of derogation from grant on their part, especially as you know for a fact that their contract does allow Urban Bubble to cancel these PCNs and they LIED to you.

Quote the correspondence - really go for them as well as G's. Make it clear both are liable to be sued for this conduct.

You really should go for a claim you know - £500 would not be too high IMHO and you MUST threaten that to G's now - and if they do proceed after seeing those lease excerpts, please let me write you a counter claim... these firms deserve everything coming at them from residents in their own home car parks.

rebeccaeliza

Haha! Excellent

Will post on here before sending, intending to get them both done today.

Something I have realised when going through everything is that my Father was the registered keeper of the vehicle at the time but I drive it so they did contact him at first through obtaining his details through DVLA but then to take the bother away from him I did mention to the UKPPO that I was using the vehicle at the time the notice was issued on my car, will this matter in terms of a claim for breach of DPA? as I told them to contact me in regard to this and not my father.

Thanks again

Coupon-mad

It would need more careful wording about data misuse because the person whose data should never have been obtained from the DVLA was your Dad. But they only obtained his data to find out who the driver was - and their fishing worked, they got you 'hooked' into giving your details - but under false pretences of a liability that doesn't exist.

Maybe yours is a harder case to argue data misuse - UNLESS you now make it clear that the processing of your data now is causing unwarranted distress and how that is manifesting itself, and instructing all parties to cease and desist or you will sue under the DPA.

I think, let's cover it in this strong letter you are sending to G's and Urban Bubble, i.e. stating clearly that you only supplied your name and address to attempt to resolve a dispute and unwarranted PCN.

I say you need to state clearly towards the end of the letter that you do NOT consent (and nor does the registered keeper) to any further data processing of your details or his, under any circumstances. In your case this continued unwarranted pursuit of baseless demands is causing you significant distress and wasted time and trouble, plus the worry of a court case and possible effect on your credit rating, all of which is utterly unfounded harassment.

I think you need to state those words about 'distress and harassment' to make your position clear - and then inform them that the letters you are sending to G's and UB must also be considered a 'Section 10 Notice' under the DPA. As such, you are clearly instructing them not to process your data any more in pursuit of the charge and to remove your data relating to this matter from their systems and that of their clients/agents forthwith.