Letter of Claim - Residential Parking Space

Drivebycar

Hello All,

I have spent the last 3 hours reading through the newbies post, searching the forum for similar situations and also on parking prankster as there were more relevant situations regarding residential parking charge notices. This was in an effort to avoid clogging up the forum with another post covering the same ground, however, I haven't been able to find another thread covering my specific situation, though if anyone is able to point me in the direction of one I am more than happy to take the initiative!

So my situation is as follows:

I am currently being chased for 3 parking charge notices issued for "failure to clearly display a valid permit". I am now at the "Letter of Claim" stage with BW Legal, but I will start with what I have done so far.

I initially responded trying to get Norwich Traffic Control to drop the fines once Direct Correction Bailiffs sent their letters, my defence was as follows -

To whom it may concern,

With reference to Parking Charge Notices - 4000xx, 4001xx, 4001xx, 4023xx

I am a resident at XXX and as such have the entitlement to park in Space xx as detailed below in a letter from XX Co Property Management Company. Also stated is the fact I have had valid car parking permits issued to my property for every year since purchase, up to and including 2017.

I understand that Property Management Company have the agreement with NTC in order to prevent non-residents parking in residents allocated parking spaces.

However, as mentioned above I am a resident in XX, so I look forward to the confirmation that these fines will be taken no further.

Many Thanks,
Oliver

!!!59154;
NC

Norwich Traffic Control <norwichtrafficcontrol1@gmail.com>
Mon 31/07/2017, 10:50
Good Morning,

Further to your email we can confirm you currently have 4 parking charges for your vehicle all for failing to display a valid permit.

I can further confirm that this is the first written communication we have received from you in relation to these charges despite all 4 charges being affixed to your vehicle and 3 of the tickets having subsequent letters reminding you about the charges.

The first three charges have been referred - as you will be aware - to Direct collection Bailiffs Limited for collection.

Whilst the email confirms you are a leaseholder it does not negate the requirement to display a valid permit when parked on the estate.

The last charge which is within the appeal period will be processed bu the previous 3 charges are far beyond the appeal period and will remain outstanding.

I have copied in XX for continuity and for his information.

Regards
NTC

They then sent evidence of the 4 photos showing no permit in the screen. The permit was displayed in a side window - the NTC signage contract stated the front left of the windscreen was the place to display the permit.

As a resident it states in the lease my right to park in the designated space.


So now I am at the Letter of Claim stage, which I understand is not yet a "Letter Before Claim" or any incarnation of such, however I know that this Letter of Claim requires a response, which I am looking to draft now in an effort to get them all dropped before court proceedings which are being threatened.

I have until the 26th August to respond.

As I have mentioned I am happy to go away and do any level of reading if there is an example of this situation before.

The big issue is that I am currently travelling abroad for the forseeable future, so access to documents is difficult and I would love to avoid spending 1200GBP on a round trip ticket back to England just to fight these cowboys in court!

Thank you in advance for your help.

Guys_Dad

Their Web site has no IPC or BPA logo so just how did they get your address?

Bags of similar threads on here re primacy of lease, residents being ticketed etc.

But have they sent you a NTK and is it POFA compliant?

Ignore 'bailiff" letters.

Thorsson

Drivebycar wrote: »

So now I am at the Letter of Claim stage, which I understand is not yet a "Letter Before Claim" or any incarnation of such, however I know that this Letter of Claim requires a response, which I am looking to draft now in an effort to get them all dropped before court proceedings which are being threatened.

If it's not an LBC you don't need to respond, but I suggest it may be the same thing, with just a slightly different name.

In order for the experts to determine you should take a picture/scan, covering all the details that could identify you and put it on an image hosting site. You won't be able to post a link yet, but if you break it in some way (like using hxxp instead of http) then someone will fix it for you.

bargepole

Letter Before Claim … Letter of Claim … Letter Before Action … Letter Before County Court Claim … Notice of Claim … etc.

All exactly the same thing.

Drivebycar

Please see below the letter of claim redacted:

hxxp://i1240.photobucket.com/albums/gg500/Drivebycar/C1B40AA1-2E45-44A0-8D94-AABF56553813.jpg

Drivebycar

Guys_Dad wrote: »

Their Web site has no IPC or BPA logo so just how did they get your address?

Bags of similar threads on here re primacy of lease, residents being ticketed etc.

But have they sent you a NTK and is it POFA compliant?

Ignore 'bailiff" letters.

I don’t know how they got the address, I believe they have the contract with the management company for the flats? I will confirm this with the ma later when I get the wording of the lease re: parking space.

They have sent me NTKs but I don’t know if they are POFA compliant so will check.

The bailiffs are no longer sending letters it is now BW Legal.

Many thanks

KeithP

Drivebycar, your full name is visible on that Letter of Claim image.

Grimble

NTC are members of the IPC so could have got your details from the DVLA.

Drivebycar

KeithP wrote: »

Drivebycar, your full name is visible on that Letter of Claim image.

Good start! Now amended. Thanks

The_Deep

Are you an owner or a tenant? What does your lease/AST say about parking? Does it say that a permt is required to park?

Read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Is the LBC for all four, or just three?

One thing I would tackle if the LBC isn't for all of them, is to reply to BW Legal and state that they appear to have missed one and that if their client thinks they have a claim then they can't issue more than one Claim for a matter turning on the same facts.

And show them your lease/agreement that allows you to park and which is silent about displaying a permit, but as a matter of courtesy, driers of your car do display it in the front side window in full view, and clearly their client deliberately fails to check all windows for the permit.