Double Parking Charge Notice for "Not displaying a valid permit"

pastacolg

I am asking what is the deadline for BW Legal to send their DQ. Is there a time period after which this claim won't be transferred anywhere further?

I think BW Legal wants to bail out from this claim as they know I have primacy of contract which doesn't require me to display any permit if I am occupying my exclusive parking space. This is a lost case for them.

Now they want me to present my leaseholder's agreement otherwise they threaten me to sue for my unreasonable behaviour by not showing them my leaseholder's agreement that grants me a parking space for my flat.

Coupon-mad

You need to show that lease.  You MUST be open if they've asked.

And you need to send the court & BW your DQ just in case, to cover yourself from getting a default CCJ like someone reported last week, where they never received a DQ then the court issued a default judgment for not returning it!

Half_way

by all means show them, you need to be as reasonable as possible to show them up the what they are.
You should also ask them to show you what due diligence they took before they started to monitor the site

Coupon-mad

You could show a mobile phone photo of one page as an excerpt and tell them if they want you to scan or copy it all then you have no access to a working scanner or printer during lockdown.  But once allowed to use a library, it would cost £40 to copy the whole lot including postage and packing and an hour of your time.

But surely, you can add, their client has a copy in their files from their due diligence that they had a duty to carry out before enforcement commenced at a site with various lease, rights, easements and residents who had already lived there with prevaling rights to 'peaceful enjoyment' and an expectation of (implied or express) primacy of contract.  Given the parking firm are consumer facing and a 'service provider' with duties and obligations upon them pursuant to several (consumer and disability) laws, they surely obtained and kept a copy and discussed the head lease and the residents' agreements, rights and needs with the Managing agents at the time...?

D_P_Dance

But why shiould they want it, if they receive it will they cancel?  If not they will see it if they try court.  

pastacolg

Thanks for your feedback.

I had already sent the excerpts from leaseholder's agreement to the parking company on my appeal to the PCNs last year. I guess I'll resend them again now as a gesture of good will. This time to BW Legal. And say I that I can provide an actual photos of the quoted agreement at a later time.

Half_way

pastacolg said:

Thanks for your feedback.

I had already sent the excerpts from leaseholder's agreement to the parking company on my appeal to the PCNs last year. I guess I'll resend them again now as a gesture of good will. This time to BW Legal. And say I that I can provide an actual photos of the quoted agreement at a later time.

Its not that easy to follow threads on this new style of the forum, are you saying this is a repeat case??

did you get the management company invovled anywhere along the way??

pastacolg

This is not a repeat case. I had genuinely tried to appeal those two PCNs within 28 days of their issue date. I included excerpts from my lease in my appeal to them. I'd thought that the parking company would have been reasonable and just void the PCNs given that the car was authorised to park there and no breach occurred.

The management company wasn't involved in this case. I got the same PCN back in 2015. I asked the management if they would support me in appealing given I had the right to park there - I just didn't display my permit. The management company said something along the lines "dura lex sed lex" and the permit must be displayed at all time. It was quite a cultural shock that the management would not support their members but little did I know so I just paid the PCN back then.

Le_Kirk

pastacolg said:

The management company wasn't involved in this case. I got the same PCN back in 2015. I asked the management if they would support me in appealing given I had the right to park there - I just didn't display my permit. The management company said something along the lines "dura lex sed lex" and the permit must be displayed at all time. It was quite a cultural shock that the management would not support their members but little did I know so I just paid the PCN back then.

dura lex sed lex = Latin for It's harsh but it's the law, which means, we, as a management company are using it to cover our backsides, do no work, not actually manage anything and keep taking the money.  Won't they be surprised when all the tenants/owners get together and have the parking company kicked out!

D_P_Dance

As these PPCs lower rental values and affect resale values landowners should give MAs hell until they get rid of them.