UKPC - SCS Claim form recieved

nosferatu1001

You are, like them, expected to take steps to avoid court.
Showing them a copy of the lease - suitably redacted - would be good. See what others say

Ensure you explain any otherwise "gotcha" clauses are explained - the classic "reasonable regulations" one has to be explained that it deos not allow the MA to reduce the granted rights, by requiring contracting with a third party in orde rto park, and does not allow them to bind you to payinga thid partry for use of your space.

Coupon-mad

Send them just the single page you rely upon, highlighting the bit about a right to park/use the car park/shared areas with rights of way with/without a vehicle. Or whatever the best bit says.

And/or any evidence from your actual LANDLORD (the leasehold title owner of the flat) that the space is owned or covenanted to him/her - and in turn, that an unfettered right to park was granted to you and how/when.

Tell SCS that their client should have established as part of their due diligence BEFORE commencing any enforcement at this location, any primacy of contract enjoyed by residents. After all, their client liaised with the Managing Agent so they should have checked the Head Lease at the time. If they did not, then the failing is theirs and the charges unrecoverable.

Moreover, such an onerous change (from free parking to 3 figure unfair charges) is an undoubted nuisance to residents and you would like to see their client's evidence that the scheme was agreed as a formal variation of all leases, by reaching at least 75% consensus from the residents, as per the Landlord & Tenant Act 1987.

https://www.tanfieldchambers.co.uk/resources/articles/variation-of-leases-under-the-landlord-and-tenant-act-1987

System

Tell SCS that their client should have established as part of their due diligence BEFORE commencing any enforcement at this location, any primacy of contract enjoyed by residents. After all, their client liaised with the Managing Agent so they should have checked the Head Lease at the time. If they did not, then the failing is theirs and the charges unrecoverable.

And are liable for your costs so far - so list them. Clearly the lack of due diligence and the admittance they were interfering has a implication with regards to liability. Suggest that if they agree to pay your £x costs so far then they can have a copy of the lease - or they can pay to do their own due diligence by getting a copy from the Land Registry. (As WH have done on occasions.)

Umkomaas

Send them just the single page you rely upon, highlighting the bit about a right to park/use the car park/shared areas with rights of way with/without a vehicle. Or whatever the best bit says.

I'd be tempted to redact great block swathes of irrelevant text (like a PPC does with legal documents they offer up) just to create a bit of uncertainty, making them think they're missing out on something significant - and frustrating them in the process! Redaction can be a two-way street.

Coupon-mad

IamEmanresu wrote: »

And are liable for your costs so far - so list them. Clearly the lack of due diligence and the admittance they were interfering has a implication with regards to liability.

Suggest that if they agree to pay your £x costs so far then they can have a copy of the lease - or they can pay to do their own due diligence by getting a copy from the Land Registry. (As WH have done on occasions.)

I like that idea, IamEmanresu. :T

Coupon-mad

IamEmanresu wrote: »

And are liable for your costs so far - so list them. Clearly the lack of due diligence and the admittance they were interfering has a implication with regards to liability.

Suggest that if they agree to pay your £x costs so far then they can have a copy of the lease - or they can pay to do their own due diligence by getting a copy from the Land Registry. (As WH have done on occasions.)

I like that idea, IamEmanresu.

After all, people can't go sending their lease to any old third party company...data protection and all that.

:T

Gunner84

nosferatu1001 wrote: »

You are, like them, expected to take steps to avoid court.
Showing them a copy of the lease - suitably redacted - would be good. See what others say

Ensure you explain any otherwise "gotcha" clauses are explained - the classic "reasonable regulations" one has to be explained that it deos not allow the MA to reduce the granted rights, by requiring contracting with a third party in orde rto park, and does not allow them to bind you to payinga thid partry for use of your space.

Could you explain what you mean here or elaborate a little more on explaining "gotcha" clauses. I googled reasonable regulations since it was in quotations but couldn't find something i could use as reference and be certain this is what you meant.

I was going to send just my tenancy agreement alone, redacted, with a letter of written permission by the landlord. Meanwhile i have a copy of the main lease requested from land registry that is currently pending. I was going to hold this back for now until i have had plenty of time to study and understand it.

Am I approaching this correctly? How powerful is my tenancy agreement alone?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/74254917#Comment_74254917

The above thread explains what a decent Judge thinks about PPCs infesting residential sites.

Gunner84

I wanted to give you guys an update.

My HM Land registry request finally came through. I can now send the PPCs lawyers the redacted pages that I rely upon on the lease to show primacy of contract. They should back off. It states...

"The leaseholder, tenants or occupier is granted rights to a marked bay, and use of visitors bays on a first come first serve basis."

Absolutely no PPC is mentioned whatsoever. Isn't this effectively the silver bullet I have been looking for? Does anyone have any advice on what I should reference in my response? Anything I may not have thought of.

I wondered if this constitutes strong enough evidence of data misuse in conjuction with the DVLA, that I should be looking to counter claim? Between my partner and I its about 15 times they pulled our data, and effectively were encroaching on our contract. Shouldn't I be looking to hit them where it hurts here in kind with the efforts of this forum?

I would really like to assist in any small way to put these guys in the dirt.

nosferatu1001

What does it say about introducing any regulations? always look for positivezs AND negatives/

For a counterclaim you have to submit that alongside your defence to their claim, which is already submitted. So you cant counterclaim. you could just launch a claim agsint them instead, after sending them a LBA of course.

But do as told. go through every clause and check to make sure you have a fully picture of all positives - granted rights to park - and any possible gotchas.