Notice of Intended Court Proceedings

chrisypaty

Thanks for your time guys.

Slowly sifting my way through hairrays thread and very encouraging (sigh of relief)

So tomorrows plan of action
1) Phone landlord to see did they contact the letting agent as I requested.
2) If no, should I call the letting agency myself or email?
3) Do I need to send a letter of defence for each of the letters I have recieved even though I have not responded to the deadline? and do I send them to the address on the bottom of the letter?

Thanks

Umkomaas

2). Everything in writing.
3). Ignore debt collectors. (How do we know what address is on the bottom of the letter if we've not seen it?).

Come back if you get a LBA/LBCCC/LBC (look them up - NEWBIES sticky or Google) or real court papers.

chrisypaty

Hello I was unable to get in contact with my landlord (I think I'm being ignored) so I emailed the the company responsible for the management of the building.

"In short, back in April I went away on holiday and upon my return there were 15 parking charge notices (PCNs) x £60 = £900. I have a permit for bay ... but before my holiday I was cleaning my car and removed the permit but forgot to put it back in the holder.

I then went through the appeals process with myparkingcharge.co.uk for each PCN explaining what had happened. Despite having a permit and it being written in my lease agreement for bay 91, the firm your company has employed rejected my appeal with a reduced charge of £20 x 15 = £300.

Of course this is grossly unfair and I have refused to pay this extortionate fee. Then 2 weeks ago myparkingcharge.co.uk has returned with increased penalty charges of 15 x £100 = £1500.

I note that there is no contractual agreement in my lease which states that I have display a permit for parking or that I will incur exorbitant PCNs for doing so. I simply will not be paying and your company must get in contact with myparkingcharge.co.uk to get all the PCNs cancelled.

May I remind you that your company are jointly and severely liable for the actions of their agents and I will pressed to take further action should the PCNs not be cancelled."

They have replied with

"Unfortunately, as you removed the permit VCS have every right to issue a PCN because you have not displayed a valid permit in your car whilst parked in the car park. This is clearly stated around the car park.

I am happy to help you in revoking the tickets, however for each ticket we revoke we have to pay a fee of £20.00 so you would be liable for this.

Please let me know if you would like me to begin the revoking process at the cost of £300 for all tickets. If so, you will need to send me details of each PCN issued.

On a sidenote, management decided to use an external company due to a number of Landlords complaining of tenants parking in their privately owned space. I hope that you understand that using an external company is the only viable option we were able to choose.

Thanks"

Coupon-mad

Reply and ask whether they have heard of the legal doctrine 'a grantor shall not derogate from his grant' and point out that they have not replied in regards to the fact that ''there is no contractual agreement in my lease which states that I have display a permit for parking or that I will incur exorbitant PCNs for doing so''.

Ask them to point to where they, as agents, or any third party parking scammer, can vary a lease.

Read hairray's thread; you will need to be MUCH more assertive, as they did, not just say 'it's unfair'.

The MA should be the ones to pay this:

I am happy to help you in revoking the tickets, however for each ticket we revoke we have to pay a fee of £20.00 so you would be liable for this.

They should never have let this bunch loose near your cars, never.

[Deleted User]

Assuming the tenancy agreement provides for a parking space (but not with an obligation to display a permit) you were of course entitled to park.

The use of permits is for the convenience of the parking management company to identify authorised vehicles, but the PPC's contract with the residents management company cannot trump the property contract. Management of a car park need not require permits, of course. Some other scheme like maintaining lists of registration numbers may be more suitable/more convenient/less onerous. Presumably you were not given a choice or agreed to the permit scheme?

It's interesting that the management company clearly recognise that the tickets should not have been issued. If proceedings are issued against you I would write to the management company to make clear that you will come after them for the costs if a Judgment is entered against you on the basis that the terms of the contract that they agreed prevented/restricted your lawful enjoyment of the property.

I had considered whether you could serve a formal notice of contribution, but strictly speaking, that doesn't work as the "damage" claimed would relate to separate contracts/duties.

So, in conclusion, just turn the screw on the management company and suggest that they are paid to manage the parking for your convenience and the fact that they have subcontracted it to a PPC who are inappropriately ticketing lawful users is manifestly wrong. You have no intention of paying £20 to rescind tickets that should not have been issued.

chrisypaty

Hello again bit of an update

I recently moved out of my flat and had heard nothing since. I received a forwarded letter today from my old address dated 29th of September.

"We write in respect of above claim. Please find enclosed detailed particulars of claim for the above claim. We can confirm that a copy has also been filed at court"

What should I do?

Thanks

Umkomaas

What should I do?

Do an urgent check on your credit file, because I fear you may already have a CCJ against your name and a possible trashing of your credit rating.

Coupon-mad

chrisypaty wrote: »

Hello again bit of an update

I recently moved out of my flat and had heard nothing since. I received a forwarded letter today from my old address dated 29th of September.

"We write in respect of above claim. Please find enclosed detailed particulars of claim for the above claim. We can confirm that a copy has also been filed at court"

What should I do?

Thanks

This is why you needed to see your post sooner. Why was this post going to your old address?!

Look what waamo said in July, in post #3, about proper postal redirection - which doesn't mean picking up letters six weeks later, from a mate:

Make sure you have post redirected. You don't want a default ccj.

So by now that may well have happened. You have probably already lost by default, and got a CCJ. And the only way to unpick that would be a set aside, as covered - fully explained, with examples of successes - in post #2 of the NEWBIES thread (or pay it urgently, if you choose to take that option, but ONLY if the CCJ is dated less than 30 days ago, NOT otherwise).

chrisypaty

Just did a credit check. CCJ on there from 13th of October.

I just gave the management company my forwarding address which they'd been sending mail to. I should have used the forwarding service by royal mail but I stupidly didn't.

So I'm going to fill in the N244 form.

Once I do that can I still claim against the fine which is £1400 at the moment?

Thanks

Umkomaas

Once I do that can I still claim against the fine which is £1400 at the moment?

Is that the amount of the default judgment (CCJ) and which is registered against your credit file?