Residential Parking ticket

Becks7

Hi,
I have read the newbies forum and done some researches around the forum. I have some understanding of what I need to do but would be much appreciated if I could get some advise!

I am the owner of a share of freehold property where there is parking spaces outside of the building.My case is similar to the case below:
[https:// parking-prankster.blogspot.com/2017/06/residential-ticket-only-cancelled-after.html

Except that the parking permit is not a newly introduced system.

The Incidents

Back in 2015, I parked my car as usual at one of the available parking spaces without noticing that the permit dropped to the floor whilst I turned the car at some point before I park.

I got a PCN the next morning. Within the same day or two (poor memory from my part), I rang parking management company and told them I am an owner and therefore entitled to park anyway. They refused to cancel the ticket and suggested me to appeal to POPLA. I appealed to POPLA stating the truth as aforementioned, together with a scanned copy of my V5C to prove the registered address of the car matched my address, as well as a scanned copy of the parking permit and the letter from solicitor that confirmed I am the owner of the property. POPLA eventually refused my appeal based on the evidence submitted by the parking mangament company (photos of my car without permit, photo of the sign at the car park). After that, several different debt collectors have been sending threatening letters for couple of years. It stopped for a year and until recently BW Legal started sending me letters again and I have received the Claim form few days ago, with the claim amount being just under 300quid T.T

Initially I was worried and was debating myself that I might as well just pay off the claim once and for all. But when I realised that I am not able to pay online but rather have to send money to the parking management company with all my personal detail, I decided to fight back....

Points to be taken

In my lease, it states that the I have the right to use in common with the Lessees and the occupiers of all other flats and their visitors the Reserved Property (includes gardens drives paths and forecourt) subject to provision of another part of the Lease and to further rules and regulations for the common enjoyment therof as the Lessor may from time to time prescribe.

In that "another part" of the Lease, the only relevant part to parking is:
Not to leave or part or allow or suffer to be parked any private motor car on the Reserved Property so as to cause obstructions to e.g. ramp leading to basement etc
AND any such private motor car parked on the Reserved Property in conformity with the requirements hereof shall at all times be fully taxed and insured and in a roadworthy condition.

So in no part of the lease states that a parking permit is required for parking.
I also understand from the research that "parking company could not override the tenant's right to park by requiring a permit to park".

Where I am
I am now in the stage where I have submitted acknowledgment of the service this week. I have taken the letter written from the link above and adopted to my situation.

BW Legal has sent me another letter two days after I received the Claim Form, pointing out that following expiry of a pre action protocol letter before action, they have issued legal proceedings. They also states that it is not too late to get in touch and would like to discuss option available to prevent CCJ, including an instalment plan (how thoughtful of them).

1. What I am unsure now is that, is it still worth sending the "Letter before claim" to BW Legal, the parking management company and the property management company like the link above? Or is it too late now that this is definitely going to court?

2. In my adapted version of the "Letter before claim", I have currently removed the data protection (or GDPR to be more update) elements as I am not sure how it works given that I have sent all my information to POPLA in first place and that POPLA then shared with the parking management company due to my appeal. So I am not sure how the breach of GDPR apply in my case? Does it apply due to the fact that the parking management company shared my information with several debt collectors in the past and now BW Legal?

Your advice is much appreciated!
Many Thanks

Becks7

Also just to added, back in 2015 the parking permit is a plain coloured permit which states my flat number and parking permit and that's it, whilst the latest ones since couple of years ago do specify "this permit allows you to park in accordance with the Regulations on site and must be fully displayed inside the windscreen area of the vehicle. Failure to do so may render you liable to enforcement action"

Shall I upload my version of the "Letter before Claim" here so you could give further advice?

Many Thanks!

KeithP

What is the Issue Date on your Claim Form?

Did the Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

Coupon-mad

PPCs are allowed to share data with debt collectors and solicitors.

Which PPC?

What I am unsure now is that, is it still worth sending the "Letter before claim" to BW Legal, the parking management company and the property management company like the link above? Or is it too late now that this is definitely going to court?

No, it's too late, you have a claim to defend.

If you have a share of the freehold, why on earth are you/the other freeholders all allowing a PPC to blight your property/estate? No residential site needs a scammer, at all.

Becks7

Hi KeithP and Coupon-mad,

Thanks for your quick response.
The issued date was 18th Jul and yes it's Northampton and the PPC is "Premier Pxxx Ltd"(apologies as I wasn't too sure at what point would I be giving away too much information as you mentioned in some other posts that they do trawl the website)

If i have done the research correctly, am I correct that in the event that there is a court case it should be in my local court?

With regards to the question on the share of freehold, I don't have an answer to that, apologies. What I know is that the Landowner appointed a Property Management Company (MC) , and I guess the MC then gets the PPC to "manage" the car parking space? It is a big building and one may imagine the space can be on first come first serve basis, but this FCFS thing is not stated in the Lease anyway. There is also underground parking for which Lessee can get onto a waiting list and eventually pay annual fee for a designated space, which I do have now (happened sometime after the incident). The PPC won't have access to the underground parking as it needs a fob so they won't be able to issue PCN to cars in there (they have recently require cars in underground also display parking permit). I have seen cars not displaying permit recently in the underground parking, and all they got is just a A4 note on their windscreen reminding them to display permit, the A4 note being issued by the MC not the PPC.
In any case, I felt like the PPC is taking advantage from catching out residents for not displaying permit rather than penalising non permit holders.

To add to my existing question, I am not sure what parties shall I be sending the "Letter before claim", for the following concerns:
- The Lease never mentioned the MC, does that mean the Lease does not even imply that the MC can impose such "regulation"? Or is it a common implication that the "Lessor" (or landowner) also includes the like of a MC?
- I can't recall if I have ever reached out to the MC to ask them to assist or to cancel the PCN (I have searched through emails but don't think I did ask them); so do I even send the letter to the MC?
- Since the incident, my only communication was the call with the PPC and the appeal to POPLA, nothing between me and any of the debt collectors.

Thanks so much again!

Becks7

I only just realised I misread the bit where you said "it's too late“!

Coupon-mad

am I correct that in the event that there is a court case it should be in my local court?

Yes.

In any case, I felt like the PPC is taking advantage from catching out residents for not displaying permit rather than penalising non permit holders.

That's what they do, and have no place whatsoever in residential car parks. As a freeholder, aren't you one of the landowners yourself and could shake some cages to suggest the gits are removed and not replaced, as it sounds to me like the MC might very soon extend the scam to the undercroft, to save them all those A4 notes.

Horrible, remove them asap. You are not sitting ducks to be sued by a scam firm.

Shake the cage and get them kicked out this year, by the Autumn, gone.

You are not sending a LBC. You are defending this claim and if you feel you have grounds, you can write a counterclaim and pay a fee to the court for it when defending, and force it to a hearing from both sides at once.

However, most counter claims I read about, are dismissed, so not as good as it sounds.

KeithP

Becks7 wrote: »

The issued date was 18th Jul and yes it's Northampton...

With a Claim Issue Date of 18th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 20th August 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Becks7

Thanks to both again!

Re Coupon-mad

I suppose it is my bad as I have never attended the annual management meeting due to it being held at an inconvenient time. Something I should bear in mind when it next come up or at least pass on my comments to other Lessees to reflect in the meeting!

I have to admit I need to do further research on the upcoming steps in particular to write and file a defense.

May I ask that whether my adapted version of the "Letter before Claim" can form the basis/skeleton of my defend letter with some tweaks?

More midnight oil to burn for sure.

Thanks again, your help is much appreciated

Coupon-mad

No, don't try to adapt a LBC. No need.

Search Landlord Tenant Act primacy defence and copy one; I recall replying on one this weekend.

Becks7

Thank you! I will do more research and be back for more advice.