Lbc for parking in my own bay

Loadsofchildren123

Have you asked around the estate about who else has been wrongly ticketed? It might be worth getting together and trying to make a joint approach to Bellway for them to end the contract. It's not really rocket science for a PPC to put into place a means of identifying cars which are properly parked and belong to residents and making sure that it's genuine wrongful parking that is targeted (eg a white list of registrations, and cancellations of tickets where an occupant changes their car but forgets to notify)

neeraj89

Loadsofchildren123 wrote: »

Have you asked around the estate about who else has been wrongly ticketed? It might be worth getting together and trying to make a joint approach to Bellway for them to end the contract. It's not really rocket science for a PPC to put into place a means of identifying cars which are properly parked and belong to residents and making sure that it's genuine wrongful parking that is targeted (eg a white list of registrations, and cancellations of tickets where an occupant changes their car but forgets to notify)

We had a meeting with the MA a couple of days back and I asked all the leaseholders who attended if they received any PCN and a few who had received had already paid them the early bird discount rate and closed the case.

we are in discussion about kicking them out once we get a majority as many leaseholders are in favor of the PPC

System

... as many leaseholders are in favor of the PPC

Hope you don't identify your case as this would be a powerful argument for the MA/PPC if it was.

The fact they haven't done it legally/properly is likely no concern at the SCC level so tread carefully.

Le_Kirk

Loadsofchildren123 wrote: »

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

You can be forgiven for that, the amount of work you get through!

neeraj89

Hi, I have just received a reply from BELLWAY for the Letter before Claim I had sent to them.

quote
I have been passed a copy of your e mail, I believe originally addressed to our Group Head office, however the same is in reference to our Drayton Garden Village Development and falls under the auspices of the North London Division. We apologise therefore for the delay in response to this letter.

I understand that you have been initially dealing with xxx xxx , Handover Manager on this matter however the nature of your letter is such that I am now writing to you noting your intention to possibly seek further legal re-dress on this matter.

To be clear; as you are aware the parking at the Drayton Garden Village Development is for residents to park in their designated bays allocated to those properties with parking and which formulates part of the lease arrangement. You will further understand, I trust that the subject of parking on any development can be extremely emotive and hence the need to consider the application of proper parking management is imperative to both satisfy the terms and condition of the lease and the good practice and management of the site and the parking areas. It is for this reason, as is the case with many of our developments, that we employ the service of a parking management company to ensure that the parking is used properly and similarly incumbents who are not permitted to park in that area do not. This decision was an active and planned part of the management of the site and hence our Handover Manager Liz Voss referred to this both at the time of your Home Demonstration and at the time of Legal Handover.

As part of the parking strategy, and for the ease of homeowners at the time when they are moving into their properties we relax this enforcement; again a sensible application as part the occupation strategy for the site. However, it was always made clear that the parking enforcement would be put in place and that permits would be delivered for use by the leaseholders. Our records indicate that your during July and August following which we allowed a further 2-3 week notice period to allow anyone who was away at the time to receive the hand delivered permits.

I understand that you subsequently advised xxx xxx that six parking tickets had been issues to you in September and over a two week period? With respect, it is difficult to comprehend why this would be the case when the permits were issued to you and further why, after the first ticket had been issued, you did not advise that there was a problem? xxx xxxx did question this and advise at the time and explained that we are unable to reverse any issued tickets which are distributed by a private company.

We deny that conditions have been imposed upon you and to the contrary we are acting accordingly and in respect of the lease. The option was clearly provided in that if any leaseholder did not wish their parking bay to be demised under this scheme then the option was to opt out of the same, meaning that the bay would not be patrolled. Similarly this would leave the bay open to abuse as any person could park in the bay and a permit would not then be required for it.

I can confirm that the scheme has been well received and we have not had any other complaints in respect of this matter. Bellway have acted appropriately and as such are not in a position to address or assist with the enforcement notices issued.

I trust this clarifies our position

With Regards
unquote

System

There was no parking company managing the bays and some signs were later put up in August 2017

It's a simple decision here. They appear to say the PPC was there when you moved in but you say they were not. They appear to say you can refuse AND this was explained to you. If it wasn't then that is the issue - was there a clause in the lease to allow this to come in without them varying it legally.

One final point is did you sign anything or were invited to sign anything with regards to a parking permit? And what did that say.

nosferatu1001

Also theyre laying the onus on you to opt out
If there was no allowance for this in the lease, and it wasnt there when you arrived, and nothing was signed (this is KEY 0 DID YOU SIGN ANYTHING!?!?) then far from you having to actively "opt out", you would have to actively "opt in" - your failure to act on a piece of spam (a letter through the door) cannot bind you to any action, cannot vary your lease suddenly, etc.

neeraj89

Hey guys. Thank you for helping me to get rid of the 6 PCN's but I have not received a letter from county court.
I have already acknowledge the claim so now I have 28 days from 05/07/2018 to submit my defence

I have prepared the following defense, Please guide me how can I improve this

IN THE COUNTY COURT
Claim No.: XXXXX

Between

PARKING AND PROPERTY MANAGEMENT LIMITED
(Claimant)

-and-


[XXXXXXXX]
(Defendant)

___________________________________________________________________________

DEFENCE STATEMENT
___________________________________________________________________________


I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

1. I am the registered keeper of the vehicle in question. The Claim relates to an alleged debt arising from my previous vehicle having been parked in September 2017 in my own private bay for which I am the leaseholder in my own residential address.

2. In February 2017 my wife and I had reserved a new built two bedroom flat with Bellway Homes in West Drayton for which the completion was done on 9th June 2017. One of our reasons to but this flat with Bellway Homes was that the purchase price included an allocated parking bay which forms a part of the LEASE of the property. I have attached a copy of the lease agreement with this defence statement. The property and the allocated parking bay have been marked in RED in the LEASE.

3. I have been parking my car on the allocated bay from the time we were handed over the property and there was no mention of displaying a parking permit at that time or in future by the handover manager.

4. In September 2017 I received 6 Parking Charge Notices for parking in my own allocated bay. I contacted the Ms. XXXX the Handover Manager for Bellway Homes who did the handover of my flat but she refused to assist me. I also contacted Mr. XXXX who used to work for Gateway property Management at that time and was responsible for the management of the Estate but he refused to intervene and said that he could have done better if there was only 1 PCN but can!!!8217;t help for 6 PCN!!!8217;s. Both correspondence with Ms.XXXX and Mr. XXXX are attached with this defence letter.

5. On 22nd March 2018, we had a meeting with our estate management company GATEWAY and in that meeting I raised this point about home owners getting PCN!!!8217;s in their own allocated parking bay on which she said to send her the details of the PCN!!!8217;s and she will request for them to be cancelled. We exchanged a few emails and I pointed out most of the clauses in the lease related to parking and not one of them states a need to display a valid permit in order to park the car to which Ms. XXXX agreed but didn!!!8217;t intervene to do the right thing by cancelling the PCN!!!8217;s. Correspondence with Ms.XXXX attached with this deference letter.

6. On 28th March 2018 I sent a letter to Bellway Homes clearly mentioning that they have breached the T&C!!!8217;s of the lease and I also pointed out clauses from the lease which related to parking but Bellway didn!!!8217;t provide any of the documents requested showing proof that the PERMIT was delivered to my address before the PCN!!!8217;s were issued and a copy of this was also sent to Gladstones solicitors Limited.

7. Below are the few points supported with clauses from my Lease:

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)

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).

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.
8. In order to issue parking charges, and to pursue unpaid charges via litigation, the Claimant is required to have the written authority of the landowner, on whose behalf they are acting as an agent. No evidence of such authority has been supplied by the Claimant or their legal representatives, and the Claimant is put to strict proof of same, in the form of an unredacted and contemporaneous contract, or chain of authority, from the landowner to the Claimant. A Managing Agent is not the Landowner.

9. The Claimant!!!8217;s representatives, Gladstones Solicitors Ltd, have artificially inflated the value of the Claim from £100 to £806.36. I submit the added costs have not actually been incurred by the Claimant; these are figures plucked out of thin air and applied regardless of facts, as part of their robo-claim litigation model, in an attempt at double recovery, circumventing the Small Claims costs rules.

10. Under the Protection of Freedoms Act 2012, Schedule 4, a registered keeper can only be held liable for the sum on a properly-served Notice to Keeper (NTK). P&PM do not use compliant NTKs, failed to serve one and cannot hold a registered keeper liable.

11. I would like the Court to take note that I was then aggressively harassed by letter after letter demanding money, despite not being liable.

12. The allegation appears to be for parking in own parking bay for which I am the leaseholder. However, as per the contract between the landowner and myself i.e. the LEASE nowhere states the need for a valid parking permit to be displayed and also there is no evidence of the parking permit being given to me before issue the PCN!!!8217;s. I had to pay £10.00 as I was so frustrated with receiving Parking Charge Notices and wanted them to get off my back so I could use my own property peacefully.

13. The Court is invited to dismiss the Claim, and to allow such Defendant!!!8217;s costs as are permissible under Civil Procedure Rule 27.14.

I believe the facts stated in this Defence Statement are true.

!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;. !!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;!!!8230;
(Defendant) (Date)

System

With regards to #10, #12 and the Protection of Freedoms Act. If you cannot say the leaseholder was parked in their own space each time, then where the identity is uncertain the judge might conclude (in the absence of evidence) that the tickets were valid.

Only the leaseholder has the protection of the lease. Those authorised by the leaseholder to use the allocated bay may not have the same protection.

neeraj89

IamEmanresu wrote: »

With regards to #10, #12 and the Protection of Freedoms Act. If you cannot say the leaseholder was parked in their own space each time, then where the identity is uncertain the judge might conclude (in the absence of evidence) that the tickets were valid.

Only the leaseholder has the protection of the lease. Those authorised by the leaseholder to use the allocated bay may not have the same protection.

Thanks for your reply.
I am the leaseholder of the property and the parking space,
Should I remove #10 ??

How about the remaining defense statement is it strong enough ?

Also my lease clearly states that only 1 CAR can be parked in each bay but someone resident in the block manages to fit 2 SMART FOR TWO cars and he never gets a ticket and they have been doing that since more than 6 months now. I can see both the cars parked in the same bay from my balcony and both have permits displayed. But the lease states only one car can be parked.

should i mention this point with photographic evidence ?