Victory over One Parking Solution / DCB Legal

Umkomaas

Does the solicitor 'Letter Before Claim' give you a 30-day deadline for response and enclose a number of notes and a financial pro forma? If so that's a formal LBC (Letter of Claim is now the correct name for it), so you need to follow advice on responding to a LoC as contained in the NEWBIES FAQ sticky, post #2, which has everything to guide you right through the court process, from where you are now, through to any hearing that might take place at the end.

That should now be your Bible so you know what to expect and by when various actions will be needed to be taken by you to keep everything on track.

If the letter is none of the above, then ignore until you do get one of the above.

The_Deep

Have you read this?

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

Do the terms of your daughter's lease give primacy of contract over the scammer's self-serving T&C/contract?

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies [/FONT]

valiant24

Do the terms of your daughter's lease give primacy of contract over the scammer's self-serving T&C/contract?

Have you read this [link to Parking Prankster]

Hi The Deep/Half_Way. Thanks for your reply. My daughter sold the flat 2 years ago so I am scrabbling around trying to find a copy of the lease.

I did read the Parking Prankster article: the website also had a thread from a solicitor who had successfully demonstrated that a resident could derogate his/her right to a visitor.

valiant24

Hi Umkomaas
Thanks for your reply.
Does the solicitor 'Letter Before Claim' give you a 30-day deadline for response and enclose a number of notes and a financial pro forma?

In fact, the response is to be filled in on-line but yes I am confident that it is a Letter of Claim.

so you need to follow advice on responding to a LoC as contained in the NEWBIES FAQ sticky, post #2 ... That should now be your Bible

I just want to spell this out as my original question. I have followed the NEWBIES thread to the letter, and have received a response to my SRA to the PPC.

As I read the NEWBIES section that is it. I must now sit and wait for the Court Claim and not ask more questions or issue any other communication. Is that right? As a newbie this seems counter-intuitive.

who hired the parking company?
The contract is between the Right to Manage company and the PPC, although I don't recognise the signatory's name - he's not a director of the RTM and I suspect he works for the Managing Agents (so there might be a question over his right to execute on behalf of the RTM but that's diving quite deep into the rabbit-hole!).

I was displaying a permit issued by the previous PPC, which had been replaced 6 months previously by the one threatening the action. This may be the basis of my defence.

Umkomaas

I just want to spell this out as my original question. I have followed the NEWBIES thread to the letter, and have received a response to my SRA to the PPC.

As I read the NEWBIES section that is it. I must now sit and wait for the Court Claim and not ask more questions or issue any other communication. Is that right? As a newbie this seems counter-intuitive.

Just spotted this, so you seem to be 'on track'.

and emailed the solicitor requesting the matter be put on hold pending reply.

What exactly did you put in your letter to the solicitor? Did you ask for a suspension of action on the basis you were seeking debt advice? They have to give you 30 days. If you asked for it just on the basis of wanting time for the SAR reply, they will likely ignore it, as they are not obliged to suspend for that.

The_Deep

I must now sit and wait for the Court Claim and not ask more questions or issue any other communication. Is that right? As a newbie this seems counter-intuitive.

Usually it is best to conceal your hand from the scammer. However that does not apply to this forum.

valiant24

What exactly did you put in your letter to the solicitor? Did you ask for a suspension of action on the basis you were seeking debt advice? They have to give you 30 days. If you asked for it just on the basis of wanting time for the SAR reply, they will likely ignore it, as they are not obliged to suspend for that.

I followed the NEWBIE Post 2 advice, which did not mention stating Debt Advice unless I missed it ("As well as the SAR to the parking firm's Data Protection Officer (DPO), also write a letter - by email to .... whoever the PPC is, if they are not using a solicitor. Your letter can state that you have sent their client a SAR and so you require a restriction of data processing and the case should be put 'on hold'.). So I told them I'd issued the SRA to PPC and required a hold pending reply.

But actually, what does it matter? I've had a full reply to my SRA from the PPC now so what would I gain from further delay?

Umkomaas

But actually, what does it matter? I've had a full reply to my SRA from the PPC now so what would I gain from further delay?

Nothing to gain, just wait to see their next move.

valiant24

Just compiling my defence against anticipated Court Action PCN for "not displaying a valid permit" at my daughter's flat.

Her lease mentions parking only once:
"The right to park one private motor car in such location as the landlord shall from time to time determine".

I assume that my defence will be that her right per her lease trumps any rights the PPC has acquired from the right-to-manage company to require display of a permit.

Would anyone dissent?

Thanks
V

Fruitcake

That will be one of your defence points. Is there a head lease as well? That needs to be checked to see if it mentions parking.

Get pics of the site and signage ready to challenge them. You should also include, not the landowner, no valid contract with the landowner, no standing to issue charges, no standing to issue court proceedings, plus anything else relevant.