Please help: Urgent advice needed

Coupon-mad

Like I said on pepipoo, forget him. He doesn't sound like a witness you want...

tom_cahill

I will forget him. But does he have a point in what he says?

Coupon-mad

the current directors requested their chosen managing agent to employ a parking enforcement company to enforce the parking regulations of the lease.

No, because I doubt the lease allows any third party to enforce any provisions of the lease - and I doubt there are any 'parking regulations' that involve a penalty/money being paid to park, in the lease.

Le_Kirk

Not sure if it has been asked as have only skim-read the thread again but given that the Management Company are saying they are within their rights to choose who they want to "manage" parking, did they carry out a consultation of tenants/leaseholders/owners and obtain 75% agreement and no more than 10% against. If asked and answered forget I mentioned it.

tom_cahill

Update.

Court claim form arrived a few days ago and I will respond and defend the claim. Do I need to counterclaim?

Also, I have recently received a letter from the letting agent saying that the parking company have no authority to issue any tickets to me. I have not yet sent this to VCS however, should I send it now?

KeithP

tom_cahill wrote: »

Court claim form arrived a few days ago and I will respond and defend the claim.

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton or from somewhere else?

tom_cahill

It's issue date is 11th February and yes from Northampton

KeithP

tom_cahill wrote: »

It's issue date is 11th February and yes from Northampton

With a Claim Issue Date of 11th February, you have until Monday 4th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 18th March 2019 to file your Defence.

That's a month away. Loads of time to produce a perfect Defence, 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 suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

Do I need to counterclaim?

No.

Also, I have recently received a letter from the letting agent saying that the parking company have no authority to issue any tickets to me.

How on earth can a LETTING agent say that? They are not the Managing Agents of the site, or the landowner, are they?

Can you show us that letter? Host it in DROPBOX; you can post links now I expect.

tom_cahill

I will upload it tomorrow. I asked the landlord but they refused and said it was the letting agent's responsibility. I know how ridiculous that sounds by the way but unfortunately it's the truth.