Lbc for parking in my own bay

Loadsofchildren123

IamEmanresu wrote: »

LOC - see if you can look up C3GF78FE.

http://parking-prankster.blogspot.co.uk/2017/06/c3gf78fe-parking-property-management.html


all I can find, has it been heard since?

Loadsofchildren123

Actually now that I've written it I'd send that letter as a LBC.


Top and tail it.


Head it "Letter Before Claim"


At the end of penultimate para change to:
...then I have no choice but to send this letter to Bellway as a Letter Before Claim. My claim against Bellway is for damages in respect of its breaches of the lease in attempting to introduce new parking rules which it has no right to introduce. The amount of damages I seek is £500 which elates to the amount of distress and inconvenience I have been put to in dealing with [PPC] and I also seek an indemnity in respect of any proceedings [PPC] may bring against me in relation to my use of my allocated parking space (not only in relation to the 6 existing PCNs but any ones which may be issued in the future). In addition, I require you to inform [PPC] immediately that I will not participate in their parking scheme and they must not issue any PCNs to vehicles parked in my allocated parking space.


I refer you to the provisions of the Practice Direction- Pre-Action Conduct, specifically paragraphs 13-16.


I require a formal response to this letter within 14 days, which must include the documents and information I have requested in this letter.





If you've already sent that other letter, just start this letter with "please disregard the email I sent you earlier".

neeraj89

Loadsofchildren123 wrote: »

So don't send that letter to Bellway because your right to Quiet Enjoyment doesn't extend to the parking space. --- ALREADY SENT

However, there are some golden nuggets in your lease, as I have set out above:

1. Your right to park in Sched 9 Cl 5 is unrestricted.

2. The power to introduce new estate regulations is the MC's, not Bellway's - Sched 7 Cl 10. In your post #43 you said that the MC said they hadn't contracted with the PPC, Bellway had. Well the lease gives Bellway no powers to do that. Furthermore, any such new regulations can only be introduced if they are notified both to leaseholders and to Bellway BY THE MC AND IN WRITING. The Bellway email to you indicates that this was not done.

3. Even if the new parking rules are validly introduced new estate regs under Sched 7 Cl 10, under Sched 7 cl 17 it is specifically stated that no third party (ie a PPC) has any right to enforce them.


So your letter to Bellway needs to focus on these provisions.

I am now preparing a LBC to Bellway and will post it here before I send it.

What should I do about the Letter Before Claim received from Gladstones -- I have to revert before 5th April 2018. (30 days from the date of letter i.e. 6th March 2018)
Should I ignore it for now or prepare a reply to them as well.

Loadsofchildren123

Sorry didn't realise you'd had a LBC.


Send that LBC to Bellway anyway.


Then write to to Gladstones. Tell Gladstones you have gone through the lease in detail and send them a copy of your letter to Bellway.


Tell them that you have been informed by both Bellway and the Management Company that it was Bellway which contracted with them in respect of the parking. However, the lease clearly permits only the Management Company to introduce new regulations relating to the development and Bellway has no such right (and in any event the lease does not define such new regulations as including the Car Parking Spaces). Quote the clause/schedule numbers in relation to each point. Then refer them to clause 17 of Schedule 7 which specifically states that a third party has no right to enforce any of the terms of the Deed between the Freeholder, the Management Company and you (the terms of which are at Schedules 14/15 of the Lease).


Finally, does the Gladstones LBC comply with the Protocol for Debt Claims? If it doesn't, complain and set out all the ways in which it is defective. Also point them to para 5.2 of the Protocol and say your request for documents to Bellway is repeated as a request to their client, and ask specifically that they explain what locus standi their client has in respect of any claim, given clause 17 of Schedule 7.

Le_Kirk

Loadsofchildren123 wrote: »

Dear xxx,

1) Please send me I need a copy of the agreement which you have mentioned in your emailed dated 19th September 2017.

Shouldn't it be one or the other?

Loadsofchildren123

Yes, I forgot to delete the original "I need" from that sentence.

neeraj89

Loadsofchildren123 wrote: »

Dear xxx,

I have now received a Letter Before claim for the 6 PCN's which I had mentioned to you in my email dated 15th September 2017 and want the below information from you urgently.

1) Please send me I need a copy of the agreement which you have mentioned in your emailed dated 19th September 2017.

2) can you please confirm who introduced the parking rules which [name of PPC] seeks to enforce and in what manner (orally or in writing)?

3) The Management Company has said it was Bellway who brought in [name of PPC]. However, the Lease does not permit this: it only permits the Management Company to introduce new "Estate Regulations", not Bellway (Clause 10 of Schedule 7)

4) In any event, the right of the Management Company to introduce new Estate Regulations is well defined in the lease and it does not extend to the Car Parking Spaces but only to the Estate Communal Areas and the buildings (clause 10, Schedule 7).

5) You have said that permits were handed out face to face, personally witnessed by you. Can you confirm whether you personally witnessed the permit being given to me?

6) You have said that there is the possibility of opting out of the scheme. I would like to immediately opt out of this scheme with P&PM. Can you please confirm how I do that?

7) I would like an explanation as to why this option was not communicated to me at the time of purchase or at any stage since.

8) Clause 17 of Schedule 7 states that a third party (in this case [name of PPC]) has no right to enforce any of the Estate Regulations (if the new parking terms could be said to be Estate Regulations, which I say they are not). Therefore, I am afraid it is not good enough for you to that you have no power to cancel any of the PCNs and are unable to help me.

9) The terms of the lease are clear: Bellway has no right to introduce new obligations relating to the parking; the Management Company has rights to introduce new Estate Regulations, however these apply to the Estate Communal Areas (which do not include the Car Parking Spaces) and the buildings only, and must be notified to leaseholders in writing; [PPC name] has no right under the lease to enforce any parking rules.

Based on a detailed reading of the Lease and the Deeds of Covenant, it is clear that Bellway had no right to enter into a contract with [PPC], by virtue of which [PPC] attempted to introduce new parking regulations which netiher Bellway nor [PPC] (nor even the Management Company] are entitled to do.

Put simply, Bellway has no rights under the lease to impose conditions on my right to park in my allocated parking space, nor the right to impose upon me a third party contractual relationship, which includes the alleged right for that third party to seek to levy charges which are in addition to and separate from the rent/service charges (namely extortionate charges for parking on a space which is part of my demised property). This has caused me loss and a significant amount of inconvenience. Since you have said that you are unwilling or unable to take any steps to have the charges withdrawn then I will have no choice but to send Bellway a Letter Before Claim and to proceed with a claim against Bellway should [PPC] take any further steps of recovery against me.


The issue of residential parking tickets, in which genuine residents who have a right to park end up being targeted by unscrupulous private parking companies, is notorious and Bellway should be doing everything it can to assist its leaseholders, not attempting to absolve itself of responsibility. you could take this out as a PP suggests or leave it in


Thanks
xxx

AMENDED - FOR FINAL READ BEFORE I SEND IT.

AFTER THIS I WILL MAKE THE LETTER TO GLADSTONES AND PASTE IT.

LETTER BEFORE CLAIM


To,
Bellway Homes Head Office
Seaton Burn House
Dudley Lane
Seaton Burn
Newcastle upon Tyne
NE13 6BE

Dear Xxx,

6 Parking tickets issued between 08/09/2017 to 14/09/2017 by Parking and Property Management limited (P&PM) (reference nos. XXX, XXX, XXX, XXX, XXX, XXX,)


I have now received a Letter Before claim from Galdstone Solicitors for the 6 PCN's which I had mentioned to you in my email dated 15th September 2017 and want the below information from you urgently.


1) Please send me a copy of the agreement which you have mentioned in your emailed dated 19th September 2017.

2) Can you please confirm who introduced the parking rules which Parking and Property Management Limited (P&PM) seeks to enforce and in what manner (orally or in writing)?

3) The Management Company (Gateway Property Management Ltd) has said it was Bellway who brought in Parking and Property Management Limited. However, the Lease does not permit this: it only permits the Management Company to introduce new "Estate Regulations", not Bellway (Clause 10 of Schedule 7)

4) In any event, the right of the Management Company to introduce new Estate Regulations is well defined in the lease and it does not extend to the Car Parking Spaces but only to the Estate Communal Areas and the buildings (clause 10, Schedule 7).

5) You have said that permits were handed out face to face, personally witnessed by you. Can you confirm whether you personally witnessed the permit being given to me?

6) You have said that there is the possibility of opting out of the scheme. I would like to immediately opt out of this scheme with P&PM. Can you please confirm how I do that?

7) I would like an explanation as to why this option was not communicated to me at the time of purchase or at any stage since.

8) Clause 17 of Schedule 7 states that a third party (in this case P&PM) has no right to enforce any of the Estate Regulations (if the new parking terms could be said to be Estate Regulations, which I say they are not). Therefore, I am afraid it is not good enough for you to that you have no power to cancel any of the PCNs and are unable to help me.

9) The terms of the lease are clear: Bellway has no right to introduce new obligations relating to the parking; the Management Company has rights to introduce new Estate Regulations, however these apply to the Estate Communal Areas (which do not include the Car Parking Spaces) and the buildings only, and must be notified to leaseholders in writing; P&PM has no right under the lease to enforce any parking rules.

Based on a detailed reading of the Lease and the Deeds of Covenant, it is clear that Bellway had no right to enter into a contract with P&PM, by virtue of which P&PM attempted to introduce new parking regulations which neither Bellway nor P&PM (nor even the Management Company-Gateway) are entitled to do.

Put simply, Bellway has no rights under the lease to impose conditions on my right to park in my allocated parking space, nor the right to impose upon me a third party contractual relationship, which includes the alleged right for that third party to seek to levy charges which are in addition to and separate from the rent/service charges (namely extortionate charges for parking on a space which is part of my demised property). This has caused me loss and a significant amount of inconvenience. Since you have said that you are unwilling or unable to take any steps to have the charges withdrawn then I have no choice but to send this letter to Bellway as a Letter Before Claim. My claim against Bellway is for damages in respect of its breaches of the lease in attempting to introduce new parking rules which it has no right to introduce. The amount of damages I seek is £500 which relates to the amount of distress and inconvenience I have been put to in dealing with P&PM and I also seek an indemnity in respect of any proceedings P&PM may bring against me in relation to my use of my allocated parking space (not only in relation to the 6 existing PCNs but any ones which may be issued in the future). In addition, I require you to inform P&PM immediately that I will not participate in their parking scheme and they must not issue any PCNs to vehicles parked in my allocated parking space.

I refer you to the provisions of the Practice Direction- Pre-Action Conduct, specifically paragraphs 13-16.

I require a formal response to this letter within 14 days, which must include the documents and information I have requested in this letter.

The issue of residential parking tickets, in which genuine residents who have a right to park end up being targeted by unscrupulous private parking companies, is notorious and Bellway should be doing everything it can to assist its leaseholders, not attempting to absolve itself of responsibility. ( I CHOOSE TO KEEP THIS)


Thanks
xxx

DoaM

Please proof-read prior to sending ... who are Galdstones?

Loadsofchildren123

DoaM wrote: »

Please proof-read prior to sending ... who are Galdstones?

Maybe that was a deliberate typo???


Letter looks good to me


Really annoys me when Freeholders/Management Companies bring these leeches in then try to absolve themselves of any responsibility

neeraj89

DoaM wrote: »

Please proof-read prior to sending ... who are Galdstones?

Thats a typo. It should be Gladstones

I'll correct that before sending