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

Half_way

Give the management company the option to retrieve the permit, or disclose of our, and tell them that you are considering action against the management company over their actions and should your vehicle or any other vehicle you authorise to use your space get a ticket then you will have to consider progressing things further including and up to a potential GDPR claim against the director of the management company personally

pastacolg

A little update. The BW Legal has asked me to provide them my full leaseholder agreement stated in my defence pursuant to CPR 31.14.

I think it's fair to provide it to them. Especially that the only issue I had with doing it is that I'll need to go through my boxes and find my lease. Nevertheless they will have no leg to stand on after reading my whole lease anyway. An exclusive right to park means an exclusive right to park.

Umkomaas

Write back and ask why they are not seeking a copy from their client as surely their pre-contract due diligence procedures would require them to have examined all such leases. 

beamerguy

I agree with Umkomaas

It is up to their client to prove their claim If you asked BWL for a copy of parking company's contract they will say it is sensitive but they will show it in court.  Same applies to you
Why assist BWLegal when they mainly bring claims they don't have a clue about

Enjoy the spanking you give to BWLegal. I'm sure they will love it as much as you

D_P_Dance

A little update. The BW Legal has asked me to provide them my full leaseholder agreement 

Tell them that it  will cost them £1.00 a page.  

Coupon-mad

Yep this has all been discussed before on other threads. 

Give them ONE excerpt/screenshot of the page you are relying on only.

Tell them if they want to examine the full lease, you need to charge them a small sum (to be paid up front) for your not insignificant time, trouble and cost in being expected to photocopy, scan or download a large document with xx pages.  However, you are alarmed to learn their client appears not to have checked and have a copy already; surely any professional parking firm will have examined the Head Lease.   Are they saying that their client failed to carry out any checks before enforcement began as part of their due diligence, in order to have a mechanism to exempt residents who already have title and/or demised land, or have a reasonable expectation of that right by way of express or implied grant or easement?

pastacolg

Another little update.

Today I received a letter - dated two weeks ago, addressed to my flat in Poland - from CCBC informing me that the case has been transferred to the County Court Hearing Centre at Leeds.

Is that a normal procedure that a case is transferred to a claimant's CC instead of defendant's one? I have chosen in my Directions Questionnaire that I would prefer my usual Basingstoke CC where the alleged offence took place. BW Legal is based in Leeds so I'm not happy about the transfer. Am I overreacting?

Coupon-mad

I think you can't argue if you are in Poland and the hearing is likely to be a phone hearing anyway.  Even though jurisdiction was not challenged, maybe the court will strike it out or question the Claimant's conduct in trying to bring a claim against a person in Poland.

nosferatu1001

I didnt think CPR31.14 applied in small claims, as BW legal have been at pains to point out before?

pastacolg

Coupon-mad, you are right. I'll calmly wait for what will happen next.

Nosferatu1001, thank you! You are absolutely right! This is what CPR31.1 states:

Scope of this Part

31.1

(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

Job done! I just need to make sure I'll find my leaseholder's agreement before my hearing and I'm done with it.

It's rather misleading for BW Legal to try to coerce me to handing them something they have no right for at this point. What's the best reply to them? Should I mention BW Legal's behaviour in my Witness Statement?