Victory over One Parking Solution / DCB Legal

Umkomaas

Is this the same case as your two other threads cover? Forum etiquette is one single thread per case, otherwise advice and context gets strewn across the forum that at best confuses at worst could become costly for you.

Please ask a Board Guide to amalgamate all three threads. You’ll find links to them at the bottom of the forum thread list, one page back from this one.

valiant24

Thanks for the reply.

What is a head lease, and who would have it please?

Having followed the NEWBIES advice I have already received via an SRA request all the pictures, although the PPC's photo of the signage is too small to read and, embedded within a PDF reply, can't be expanded or zoomed.

Is it legitimate to send to the PPC a follow-up asking them to provide a separate jpeg version of the signage photo that can be expanded so I can read the words?

valiant24

Yes, same matter as an earlier thread. As I expected this to be a one-off question (although it's already expanded, as I had a follow-up question to a helpful reply!) I asked it separately.

Will do as you advise - cheers.

savvy

Please note, 3 threads have now been merged as one.

valiant24

Hi, what's a Head Lease please?

Also, the contract between the Right-to-Manage (RTM) company at the flats and the PPC was signed not by an RTM director but by an employee of the managing agents. How could one establish how binding that is, without expensive legal costs?

Thanks
V

Umkomaas

Hi, what's a Head Lease please?

Please, just try Google:

What is a head lease?

It provides definition articles galore. :cool:

How could one establish how binding that is, without expensive legal costs?

Try the LegalBeagles forum.

valiant24

Having followed the FAQ at the Letter Before Claim stage, I did receive a reply with the required information from the POC (One Parking Solution) and now, many months later, have received a Claim from the County Court Business Centre.

To recap this relates to an alleged violation from July 2017, where the car was parked in the parking area of an apartment block in Brighton, W Sussex, where my granddaughter owned a flat. The most recent Letter of Claim, from DCB Legal, is the third I have received, the two previous attempts were abandoned. So I now have a Claim from DCB Legal on behalf of One Parking Solution for £267.43, being Amount Claimed £160, Interest at 8% per annum, £25 Court Fee, and £50 Legal Rep's costs.

I'll prepare a draft Defence Statement for inspection by this great forum, but have 3 questions in the meantime:

1. My defence would be that my granddaughter had, under her lease, a right to park a car at the property, and that any Right-to-Manage company and the Managing Agents' agreement with One Park Solution is trumped by that right, absent any variation to the leasehold terms by the Landlord. I don't see any other defences along this line in the forum or anywhere else though, despite a long search. Have I got the wrong end of the stick? (The Managing Agents did write to her requiring her to buy a permit, which she did, and I was displaying one, however the agents had some months previously changes POCs and required her to buy a new one, which she never did (she's sold the apartment since)).

2. There is an option on the Court form to counter-claim. This being the third iteration I have wasted an inordinate amount of time on this matter. Can/should I counter-claim for my time, or is this running before I can walk?!

3. Will I have to attend? Brighton's 200 miles away and would be a huge hassle. I'd rather my son-in-law represented me.

Thanks
V

Le_Kirk

Look for the "own space" defence amongst the 17 pre-written defence examples linked in the NEWBIE sticky post # 2. Who is the defendant named on the court claim? That is who must attend. Why are you involved if it is your granddaughter's property? Is it your car and are you the RK?

valiant24

Who is the defendant named on the court claim? That is who must attend. Why are you involved if it is your granddaughter's property? Is it your car and are you the RK?

I am the defendant named on the Claim, because I am the registered keeper. I have never disclosed to the POC who was the driver, per FAQ advice.

I don't want to attend, but my son-in-law (who is not a solicitor) is happy to. Can I appoint him as my rep?

Thanks for the reply btw. I will check out the "own property" threads, although of course I don't own it, my granddaughter does.

nosferatu1001

1) Date of issue of claim form
2) Have you performed the acknoweldgement of service? Yes or no. If no - post 2 of newbies thread.

3)Why would you attend Brighton? Court claim will be at your local court, as per eveyr piece of advice ever. Post 2 of the newbies thread, "DQ"
4) No, of course you cannot have a non-solicitor attend. You cannot be rep'd in your absence by someoen who is not qualified. They can attend *with* you, but you MUST attend.
5) Your G'daughter can give you authority to use their space as a lessor, unless the lease woudl dislallow this.
6) You cannot counter claim for costs of the claim, those are costs of the claim...youcould counter for DPA violations, harassment etc, but be aware HOW you do this and the point you do it

You will NOT be using the paper form to respond to this at all. You will be using MCOL *and* you will email your defence to the court as a PDF. The paper form is left untouched!