Letter before claim help

Redx

nobody knows or cares

they have a set of procedures to follow, so they follow them , you have done the same, but OUR procedures

if you emailed a SAR and asked for the alleged debt to be placed on hold , you are in limbo land awaiting replies or developments, there is no magic bullet, just a hurdle race

start on your defence, get ahead of the game

hiphop99

ok thanks for the reply Redx - I will begin a reply.


The most galling thing is that my permit was on display and maybe very slightly obscured.

Redx

maybe so, but its what the lease or tenancy agreement says that is the prime issue, plus the lack of due diligence by the operative


if they had a whitelist of vehicles they wouldnt need to use 200 year old technology such as paper permits !!

hiphop99

There is nothing at all in the lease about displaying a permit.


So angry that I paid for a permit and still had this happen.

Redx

hiphop99 wrote: »

There is nothing at all in the lease about displaying a permit.

So angry that I paid for a permit and still had this happen.

my point exactly , primacy of contract overrides their parking rules , they cannot vary your contract, so you only show the permit for convenience

read other own space and tenancy threads to get the gist

Coupon-mad

Reply with a copy of the lease and the photo showing the permit and state that drivers of your car never agreed that display of a permit was a contractual obligation in any shape or form, and no contract was agreed. even if the client thinks it was, the lease trumps any contract law and parking was granted without any need to display any permit or pay parking charges, and this cannot be varied outwith a formal variation, as per the Landlord & Tenant Act.

hiphop99

Hi all,

An update here - Gladstones got back to me about 6 weeks ago but it went into my spam. They have ignored everything I said and attached a letter about the permit was dated before I moved in.

However one slightly concerning element - There is no mention in the parking section of the tenancy agreement regarding a permit at all but in a special clause, there is mention of a "resident parking permit" but only mentioning the process if it is lost or damaged + handing it back at the end of the tenancy.

What should my response to them be? Even in the pictures they sent, you can see the permit - It just slipped slightly so one element is obscured. If this went to court, could I successfully point to that?

Coupon-mad

What should my response to them be? Even in the pictures they sent, you can see the permit - It just slipped slightly so one element is obscured. If this went to court, could I successfully point to that?

I'd respond pointing that out now and requiring Gladstones to revert to their clients because at all material times, the permit was on show anyway.  Tell them the letter they supplied is not relevant because that seems to be a one-off notification that went to the residents at one point in time, way before you moved in, and their client made no efforts to ensure that letter was given to new residents.

hiphop99

Hi - heard back from Gladstones.

 

We find the contents of your email contradictory. You state that there is no obligation for you to display a parking permit and you were not made aware of the requirement by our client. This is contradicted by the argument that you clearly displayed a permit. In the event you were not made aware of the parking scheme why would you have attempted to display a valid permit? Further it is not feasible that you would have accepted the permit without first seeking out the terms and conditions of parking.

 

We attach our client's photographic evidence which clearly shows your windscreen on the date of the incident. Our client accepts that you may hold a valid permit however the evidence shows that you failed to properly display it which fundametnally undermines our client's parking scheme which you were made aware of when accepting the permit. Exactly the same permit templates are used by our client and the unique information for each site is required to be clearly displayed as it is the only way an operative can determine the validity of the permit.

 

We trust the above and the enclosed explains our Client’s position in relation to why the debt is outstanding and in view of the evidence itself, it is our Client's position that the sum of £160.00 remains outstanding within 30 days from the date of this correspondence. In the event that neither a substantive response nor payment is made within this time-frame our Client may elect to issue legal proceedings without further notice.

hiphop99

Should I just let it go to court now? What should I do? @Coupon-mad