Letter of Claim - Residential Parking Space

The_Deep

Obviously BWL have lost the plot, send a copy of their letters to the SRA pointing out the errors, they are clearly unfit to practice Law, and are wasting your time.

http://www.sra.org.uk/home/home.page

I am not an expert, but I believe that counter-claiming now costs less than later. It also prevents them from folding, and walking away scot free. You may also have a good chance of claiming costs for unreasonable behaviour under CPR27.14(2)(g).

nosferatu1001

To COUNTER claim you ha ve to COUNTER the CLAIM, otherwise you are launching your own, new claim at a totally different date...

You do that wehn you respond. Post 2, newbies thread

OF course you will be requesitng the court combines these two claims, about the same site, same vehicle etc into one claim - BWL are abusing the court process and clearly attempting double recovery here.

Coupon-mad

What do the Particulars of Claim (on the left) say EXACTLY (minus only the VRN)?

What date were the claims issued (top right)?

Do you actually have an allocated bay? How do you know/what proves this?

Are you a tenant or a leaseholder and what does your lease or AST say about your right to park? And rights of third parties (or not)?

Were you there before the parking firm? What date did you move in and when did they rock up? what letter was circulated, and did you always have to display a permit or was this foisted on you after unfettered parking rights existed before?

Drivebycar

Coupon-mad wrote: »

What do the Particulars of Claim (on the left) say EXACTLY (minus only the VRN)?

The claimants claim is for the sum of 100GBP being onies due from the defendant to the claimant in respect of a parking charge notice PCN issued on 01/05/2017 (issue date) at 17:47:54 at *Residence*

The PCN relates to *Car Make* under registration *VRN*.
The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN, but the defendant failed to do so.
Despite demand having been made, the defendant has failed to settle their outstanding liability.
The claim also includes statutory interest pursuant to secion 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 01/05/2017 to 24/09/2018 being an amount of 10.24GBP.
The claimant also claims 75GBP contractual costs pursuant to PCN Terms and Conditions.

- The other claim is exactly the same only with different date/time obviously

What date were the claims issued (top right)?

25 Sept 2018

Do you actually have an allocated bay? How do you know/what proves this?

Yes i have an allocated bay, I have the details from the management company to prove the parking spaces plan, and also the allocation to my flat of that particular space number. In addition to the lease agreement.

Are you a tenant or a leaseholder and what does your lease or AST say about your right to park? And rights of third parties (or not)?

I am the leaseholder, the lease says as follows:

Right to Park Cars:
The right in common with the landlord and all others entitled to the like right to park not more than one car on one of the car parking spaces but only on those spaces allocated to the tenant by the landlord as shown shaded yellow on plan 3 (Which I have) but for the avoidance of doubt such right shall be subject to availability between the hours of 9am and 5.30pm monday to friday with each space being allocated at the landlords sole discretion.

The use of Car Parking Spaces:
The Lessee must use the car parking spaces for car parking only of a single roadworthy private car used by the lessee or an occupier of the flat or by a visitor to the flat and must not carry out any servicing repairs or painting of any car on the car parking spaces


Were you there before the parking firm? What date did you move in and when did they rock up? what letter was circulated, and did you always have to display a permit or was this foisted on you after unfettered parking rights existed before?

I am not sure. However I have received no letter or correspondance with regard to changing the lease to require a permit be displayed.

Thank you for all the responses, please find my answers above ^

Coupon-mad

but for the avoidance of doubt such right shall be subject to availability between the hours of 9am and 5.30pm monday to friday

What does that mean, in practice? Did your Solicitor explain it when you bought the flat?

Does it mean:

- you can only actually park & exercise your rights between those times

or that

- during those hours it's a free for all with other cars able to park there and so it's not exclusive during that time? i.e. first come first served during those times, because it's shared with an office or shop or something?

Drivebycar

I don't know exactly it wasn't explained to me.

It isn't shared with an office or shop, purely a residential area so I would assume the first point.

However, both PCNs were issued after 5.30pm and thus in the period of time which it is my right to park there.

Coupon-mad

also the allocation to my flat of that particular space number. In addition to the lease agreement.

Is the car parking space listed under the premises section of the lease?

Or separately in a Schedule about rights?

What does it say (anywhere) in the lease docs about the Rights of Third Parties Act?

Drivebycar

I was sent a plan showing the parking space, and then a seperate document detailing the list of spaces and which flat they have been allocated to from the Management Company. The plan was included in the lease of part under the plans section in definitions.

The other document was sent to me when I asked for evidence of the allocation called the Schedule of Car Park Allocations

I havent seen anything about the Rights of Third Parties Act but will check later when I get home.

KeithP

With a Claim Issue Date of 25th September, and having done the AoS in a timely manner, you have until 4pm on Monday 29th October 2018 to file your Defence.

That's over three weeks away. Plenty of time to hone any Defence to perfection but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

System

Do you intend to have the two claims combined or are you happy to have two trips to the court?

Have a read of Johnersh's take on this one. May be worth getting the court on their backs instead of a counter claim.

https://forums.moneysavingexpert.com/discussion/5709899/parking-charge-permit-on-show-but-not-in-bay#16