Leaseholder parking fine

Loadsofchildren123

OK so no POPLA loss then.

Dont' let them get away with that attitude. They told you it would be cancelled. They can't turn round now and say it's nothing to do with them. They brought the PPC in, they are responsible for the breach of your rights, they are responsible for your loss. They are responsible for THEIR actions. They cannot pass the buck. They think they can. That's why you write a Letter Before Claim. Head the letter with this wording, word it formally and refer them to the Practice Direction - Pre-Action Conduct. Have a look at two Letters Before Claim I put on my Admiral thread a few days ago and use that format. Your complaints are more wide-ranging than mine but they will give you a good guide as to how to write the letters.

You really need to worry the MA

Loadsofchildren123

This applies to your lodger, she was exercising rights you gave her which were yours to give.

But the letters need to be in her name then. The trespass point becomes a bit tricky, you might need to write two separate letters, one from lodger and one from you, the legal owner of the space (to both MA and the PPC)

Fuming_Parker

They're a big MA and we're a small property. It's no excuse but it explains a lot...

I will keep pressuring the MA for now and research the options above that I can take with the PPC. A fellow leaseholder had a court date for a similar issue but settled before so I was unable to see how that turned out.

Loadsofchildren123

Everyone who settles makes it worse for the next person (unless the "settlement" was the PPC withdrawing.....)

Umkomaas

P&PM have become court-frisky this year, with frequent appearances on the daily court list. We know little of any of the outcomes of these cases, but safe to say that if they aren't relatively successful, they wouldn't be continuing with them.

Only 1 case today, but ordinarily 5 or 6 a day (they've conducted 214 cases in the first 4 months of 2017).


COURT CASES FOR 27-04-2017

(Sorry about the copy and paste formatting, but providing a standard link will lead you to the court list of the day - a dynamic one, which won't necessarily show the additional point I am making here about a 'paper hearing', as tomorrow the list will change)

Court Claim Number Claimant Comments
Birkenhead C0FC2K3H ParkingEye
Birmingham C0GF5P7T Parking And Property Management Paper Hearing
Eastbourne C4FC8Q8D ParkingEye
Harrogate C1DP6H7C Vehicle Control Services
Horsham C5QZ2H8Z MIL Collections Set Aside
Ipswich C7GF80FK UK Car Park Management
Maidstone D4GF8570 AM Parking Services
Maidstone D4GF8743 AM Parking Services
Maidstone D4GF8785 AM Parking Services
Manchester C9QZ8W5K/2 Counterclaim Set Aside
Manchester C1DP09CZ Excel Parking Services
Manchester C3DP09CX Excel Parking Services
Manchester C8DP25CC Excel Parking Services
Manchester C5QZ03EF MIL Collections Set Aside
Manchester C3FC7X6D ParkingEye
Manchester C6AU8F76/2 TSP Car Park Management From 09-03-2017
Preston B6FC93H7 ParkingEye Set Aside
Preston C7QZ55X4/3 ParkingEye Set Aside
Preston D2FC1807 ParkingEye Set Aside
Sheffield C3QZ2Q0Y Vehicle Control Services
Stockport D00SK205 Counterclaim
Telford C1GF3P1T Excel Parking Services
Truro C5GF05FE KBT Cornwall
Wigan A3QK0638 Comprehensive Management Services Set Aside
Wigan C7FC5P4E ParkingEye Set Aside

Note that their one case today is being dealt with 'on the papers' - not recommended, it's a standard ruse of Gladstones (their Solicitors) and it looks like someone in Birmingham has been suckered in.

https://bmpa.zendesk.com/hc/en-us/articles/203549832-Parking-and-Property-Management-Ltd

http://www.bmpa.eu/companydata/Parking_and_Property_Management.html

So it's important you don't let the grass grow under your feet on this one.

System

They're a big MA

Name and shame but get your lease out and check the wording.

Often there is a phrase in the lease that says they can change things - but if PPM are relying on Beavis, the new arrangement has to be for the benefit of all the leaseholders - not the MA.

So check the wording.

Fuming_Parker

Thanks. Will double check the lease.

Have just had a seconds letter from MA's solicitor giving me 14 days to pay so need to be quick now.

Loadsofchildren123

Don't worry about that 14 days. It's just a debt collector's letter isn't it?
Before they issue proceedings they will need to send you a solicitor's Letter Before Claim. You must respond to that, and they will then issue proceedings - sometimes it takes months or years to get to that stage.

Fuming_Parker

Yes, today's letter was the letter before claim.

Coupon-mad

Fuming_Parker wrote: »

Thanks. Will double check the lease.

Have just had a seconds letter from MA's solicitor giving me 14 days to pay so need to be quick now.

Hang on...if this is your lodger's car and a charge from PPM, why are you (not the lodger) getting a letter from the Managing Agent's solicitor (not PPM's solicitor?). You are a stranger to this charge aren't you?

I don't get how you are involved if this isn't your car, as keeper or driver. If you appealed as resident (non-keeper, non-driver) and they grabbed your data from that fact and are using it to try to sue you, we will have fun with this one!

Can you explain a bit more, who has written to who and why?